PUBLIC HEALTH LAWS 
OF THE 
STATE OF NORTH DAKOTA 
AND 
Rules and Regulations 
OF THE 
State Department of Health 
STATE DEPARTMENT OF HEALTH 
Issued by: 
MAYSIL M. WILLIAMS, M.D., C.P.H. 
State Health Officer 
1939 PUBLIC HEALTH LAWS 
OF THE 
STATE OF NORTH DAKOTA 
AND 
Rules and Regulations 
OF THE 
State Department of Health 
Issued by: 
STATE DEPARTMENT OF HEALTH 
MAYSIL M. WILLIAMS, M.D., C.P.H, 
State Health Officer 
1939 PUBLIC HEALTH LAWS 
of the 
STATE OF NORTH DAKOTA 
Bismarck, N. Dak. 
RULES AND REGULATIONS OF THE STATE 
DEPARTMENT OF HEALTH MADE IN 
CONFORMITY THEREWITH 
June 30, 1939 
PUBLIC HEALTH ADVISORY COUNCIL 
Edwin H. Maercklien, M.D., President Ashley 
Agnes Stucke, M.D Garrison 
G. F. Wirtz, D.D.S Mandan 
Alvin C. Strutz, Attorney General Bismarck 
Arthur E. Thompson, Supt. of Public Instruction Bismarck 
Maysil M. Williams, M.D., State Health Officer Bismarck 
*Buy *Dakota Maid” Flour TABLE OF CONTENTS 
Page 
Public Health Administration 5 
State Department of Health 5 
County Boards of Health 8 
City Boards of Health 
Aldermanic System 11 
Commission 12 
Local Boards of Health, Duties and Powers 16 
Township Boards of Health 21 
Villages—Boards of Trustees 23 
Public Health Laboratories 24 
Vital Statistics 25 
Records of Illegitimate and Adopted Children 36 
School Health Laws 37 
Public Drinking Cups 39 
Manufacture and Sale of Dairy Products 39 
Butchers; Certificate of Health 39 
Sanitation of Barber Shops 40 
Disinfection of Public Vehicles 40 
Disinfection of Second Hand Goods 40 
Venereal Diseases 41 
Infant Blindness, Preventing of 42 
Marriages, Regulation of 43 
Serological Test for Syphilis Required 45 
Miscellaneous Laws 
Baby Farming 47 
Crimes Against Public Health and Safety 48 
Adulterating Medicines 48 
Selling Adulterated and Unwholesome Food 
or Medicine 50 
Fouling the Public Waters 53 
Juvenile Court 53 
Sterilization of Feebleminded, Insane, etc 53 
Tourist Camps 56 
PUBLIC HEALTH LAWS RULES AND REGULATIONS 
Page 
Regulations for Prevention of Disease 
General Regulations 59 
Quarantine 63 
Disinfection 65 
Common Carriers 67 
Regulations of Communicable Diseases 
Smallpox 67 
Chickenpox 68 
Diphtheria 68 
Meningococcus Meningitis 68 
Scarlet Fever 69 
Poliomyelitis 69 
Typhoid Fever, Paratyphoid Fever 70 
Measles, German Measles 72 
Whooping Cough 73 
Mumps 73 
Ophthalmia Neonatorum 73 
Rabies 74 
Others 75 
Prevention of Dangerous Communicable Diseases 
Among Schools and School Children 75 
Miscellaneous Regulations 77 
Control and Suppression of Venereal Diseases 78 
Water, Sewerage and Refuse Disposal 83 
Sterilization of Secondhand Goods 95 
Other Miscellaneous Regulations 97 PUBLIC HEALTH LAWS 
of the 
STATE OF NORTH DAKOTA 
PUBLIC ADMINISTRATION 
STATE DEPARTMENT OF HEALTH 
Section 396dl. State Department of Health. There is hereby 
created and established a State Department of Health, which shall 
be constituted as provided in this Act, and shall exercise all the 
powers and duties now conferred upon the State Board of Health, 
and such other powers and duties as are herein provided for. The 
State Department of Health shall consist of a public health advisory 
council, a state health officer, directors of divisions and other em- 
ployees as herein provided for. (Laws of 1933, Chapter 189.) 
Section 396d2. Public Health Advisory Council. The public 
health advisory council shall consist of five (5) members, three (3) 
of whom shall be appointed by the Governor; the Superintendent of 
Public Instruction and the Attorney General shall be ex-officio 
members of the council. The term of office of the appointive mem- 
bers shall be six years except as hereinafter provided for, and until 
their successors are appointed and qualified. 
The Governor shall fill all vacancies by appointment but in case 
of a vacancy before the expiration of a term the appointment shall 
be for the residue of the term only. Immediately after the passage 
of this Act the Governor shall appoint one member for a term of 
two years, one member for a term of four years, one member for a 
term of six years. Thereafter each original appointment shall be 
for six years. 
At least one of the appointive members of the public health 
advisory council shall be a woman; at least one shall be a physician 
who is a graduate of a regular medical school of Class A standing; 
and at least one shall be a dentist, who is a graduate of a regular 
dental school of Class A standing. The public health advisory coun- 
cil shall meet in January and June of each year and at such other 
times as may be directed by the council of its president. The mem- 
bers of the council shall receive only their actual and necessary 
traveling expenses when engaged in the actual discharge of their 
official duties. 
A member of the council shall be chosen president thereof and 
his term of office shall be two years. His duties shall be prescribed 
by the statutes of the state. A member of the council shall be chosen 
secretary thereof. 
Section 396d3. Health Officer. The state health officer shall be 
appointed by the public health advisory council. He or she shall be 
a physician who has graduated from a regular school of medicine 6 
STATE OF NORTH DAKOTA 
of Class A standing, who shall have had special training and ex- 
perience in public health administration and shall be duly licensed 
to practice his profession in North Dakota. He shall receive a salary 
not to exceed $3,000.00 a year, payable in monthly installments and 
necessary traveling expenses incurred in the performance of official 
business. He shall not engage in any other occupation or business 
and shall hold office for two years beginning July, 1933. The state 
health officer shall be the administrative officer of the state depart- 
ment of health. His duties shall be those prescribed by the statutes 
of the state and the regulations of the state department of health 
for the state health officer. (Laws of 1933, Chapter 189.) 
Section 396d4. Accepting Provisions of Sheppard-Towner Infant 
and Maternal Hygiene Act. The provisions of the Sheppard-Towner 
Act, allotting $5,000.00 annually for five years to the state depart- 
ment of health, which provisions have already been accepted by 
the Governor during the legislative recess, are hereby accepted by 
the legislative assembly. (Laws of 1933, Chapter 189.) 
Section 396d5. Making an Appropriation to Meet the Allotment 
of the Sheppard-Towner Act. The sum of $2000.00 is hereby appro- 
priated out of the moneys in the general fund in the state treasury, 
not otherwise appropriated, for the purpose of conducting infant and 
maternal hygiene work in North Dakota under the supervision of the 
state department of health. Provided, a like sum is allotted by the 
Federal Government under the provisions of the Sheppard-Towner 
Act. (Laws of 1933, Chapter 189.) 
Section 396d6. Acceptance of Funds by State Department of 
Health. The State Department of Health shall be authorized to 
accept funds from cities, counties, the Federal Government, private 
organizations and individuals for infancy and maternal hygiene, and 
other public health work and to match the same from any unex- 
pended portion of their budget, in accordance with specifications 
agreed to or required by Congressional Act when approved by the 
Governor of the State. All such work shall be done by the State 
Department of Health. (Laws of 1933, Chapter 189.) 
Section 399. Meetings of the Board. The several persons com- 
posing the state department of health shall meet as often as once in 
every six months at such place in the state as they may appoint. 
(C.L. 1913.) 
Section, 400. Powers and Duties of Board. The board shall have 
power and it shall be its duty: 
1. To fix the time and place of the meetings of the board, sub- 
ject to the provisions of the last section. 
2. To make rules and regulations for the government of the 
board, its officers and its meetings. 
3. To make and enforce all needful rules and regulations for 
the prevention and cure, and to prevent the spread of any contagious, 
infectious or malarial diseases among persons and domestic animals. PUBLIC HEALTH LAWS 
7 
4. To establish quarantine, and isolate any person affected with 
contagious or infectious disease. 
5. To isolate, kill or remove any animal affected with contag- 
ious or infectious disease. 
6. To remove or cause to be removed any dead, decaying or 
putrid body, or any decayed, putrid or other substance that may en- 
danger the health of persons or domestic animals. 
7. To condemn or cause to be destroyed any impure or diseased 
article of food that may be offered for sale. 
8. To superintend the several boards of health in cities, villages 
and towns and the county boards of health of the several counties. 
9. To empower and direct the state health officer to do or 
cause to be done any or all of the things mentioned in subdivisions 
four, five, six, seven and eight of this section. 
10. To make such rules and regulations as it may deem neces- 
sary to govern the preparation of dead bodies for transportation 
and to govern what classes of dead bodies may be transported and the 
manner thereof. (C.L. 1913.) 
Section 400a. Powers and Duties. The powers and duties of the 
state department of health and the public health advisory council 
shall be those prescribed by the statutes of the state and the regula- 
tions of the state department of health. (Laws of 1933, Chapter 189.) 
Section 402. Reports. The state health officer shall on the first 
day of December of each even numbered year make a full report 
to the governor, which report shall show all that has been done 
by the state department of health and by such state health officer 
during the two years preceding the making of such report, the num- 
ber of cases treated by him and in each county by the county super- 
intendent, the character and extent during such time of all contagious 
or infectious diseases that have been reported to him, all expendi- 
tures by the state department of health, and in each of the organized 
counties by the county board and such recommendations as he may 
deem advisable for the better protection of the public health and 
the prevention and cure of contagious or infectious diseases of per- 
sons and of domestic animals. (C.L. 1913.) 
Section 403al. Changes in Tit’es. Whenever the words “State 
Board of Health” appear in the statutes of the state and the regula- 
tions of the state board of health there shall be substituted therefor 
the words “State Department of Health.” 
Wherever the words “Superintendent of Public Health” appear 
there shall be substituted therefor the words “State Health Officer,” 
in the statutes of the state and the regulations of the state board 
of health. (Laws of 1933, Chapter 189.) 
Section 403a2. Working Divisions. The state department of 
health may establish the following divisions, together with such other 
divisions as may from time to time be determined; STATE OF NORTH DAKOTA 
8 
1. Division of Vital Statistics. 
2. Division of Preventable Disease. 
3. Division of Child Hygiene and Public Health Nursing. 
4. Division of Sanitary Engineering. 
(Laws of 1933, Chapter 189.) 
Section 403a3. Office Space. The state shall provide suitable 
office space in Bismarck for housing and maintaining the state de- 
partment of health. Special fireproof vaults shall be provided for 
the storage of birth and death certificates. (Laws of 1933, Chapter 
189.) 
Section 403a4. Repealing Sections 397, 398, 401, and 403. Sec- 
tions 397, 398, 401, and 403 of the Compiled Laws of 1913 are hereby 
repealed. (Laws of 1933, Chapter 189.) 
COUNTY BOARDS OF HEALTH 
Section 404. Board, How Composed. There are hereby estab- 
lished county boards of health, composed of a president, vice-presi- 
dent and superintendent; the state’s attorney in each county shall 
be president of the county board; the county superintendent of 
schools shall be vice-president, and the board of county commission- 
ers shall at the first meeting of the board each year appoint a super- 
intendent of public health for the county, who shall be learned in 
medicine, and hold a license to practice medicine and surgery with- 
in the state, and the several persons appointed shall hold their 
offices for one year and until their successors are elected and 
qualified. 
Provided, however, that whenever the state department of health 
has reason to believe that the county superintendent of public health 
is failing to perform his duties as prescribed by law they may report 
the case to the board of county commissioners, and the latter may, 
after proper hearing, at their next meeting declare the office vacant, 
and appoint another physician in his place for the remainder of the 
unexpired term. (1925 Supp.) 
Section 405. Duties of Officers of County Board. The president 
of each county board of health shall preside at the meetings thereof 
and in his absence the vice-president shall perform the duties of 
president. The county superintendent of health shall be secretary 
of the board of health of his county. The county superintendent of 
health shall keep a record of all the proceedings of the board and of 
his official acts, and he shall at the end of every month make a full 
report in writing to the state health officer of the proceedings of 
the county board of health and of his official acts, and shall, when- 
ever the health of persons or domestic animals is endangered, or 
when any contagious or infectious disease occurs in his county, 
either among persons or domestic animals, immediately report the 
same to the state health officer. (C.L. 1913.) PUBLIC HEALTH LAWS 
9 
Section 406. Meetings of County Boards of Health. The several 
county boards of health shall meet at the county seat in their respec- 
tive counties at such time within thirty days after the appointment 
of the county superintendent of health as he may designate. Notice 
of the time and place of such meeting shall be by him given to the 
other members of the county board at least five days prior to such 
meeting, and thereafter the board shall meet at the county seat as 
often as once in every three months. (C.L. 1913.) 
Section 407. Powers and Duties of County Boards of Health. 
The several county boards of health shall have power within their 
respective counties outside of the corporate limits of cities having 
a city board of health, subject to the supervisory control of the 
state department of health and its secretary: 
1. To supervise all matters relating to the preservation of life 
and health of the people, including public water supplies and sewer- 
age system, and have supreme authority in matters of quarantine, 
which it may declare and enforce when none exists and modify, 
relax or abolish when it has been established. 
2. To isolate, kill or remove any animal affected with con- 
tagious or infectious diseases that is a menace to the health of 
human beings. 
3. To remove or abate, or cause to be removed or abated, any 
public or private nuisance that may endanger the health of others. 
4. To make and enforce orders in local matters when emer- 
gency exists, or when the local board of health has neglected or re- 
fused to act with promptness or efficiency, or when such board has 
not been established, as provided by law. In such cases the necessary 
expense incurred shall be paid by the county for which the services 
are rendered. All expenses actually and necessarily paid or in- 
curred by the county board of health in carrying out the provisions 
of this article, such as livery, hotel bills, quarantine guards, auto- 
mobile hire, railroad fare, stamps, etc., shall be audited by the board 
and certified to the county commissioners, and shall be paid the 
same as other county expenses are paid. (C.L. 1913.) 
Section 408. Powers and Duties of the Superintendent. The 
county superintendent of health shall have charge of and super- 
intend, subject to the supervisory control of the state department of 
health, all matters and things mentioned in subdivisions 1, 2, 3 and 
4 of section 407, throughout the county outside of the corporate 
limits of cities. He shall exercise supervisory control of the local 
boards of health within his county, known as village boards of health 
and township boards of health. He shall furnish at the expense of 
the county board of health all township and village clerks and all 
physicians within his jurisdiction with proper blanks for reporting 
to him all contagious and infectious diseases. He shall properly 
instruct the township and village clerks and the physicians within 
his jurisdiction on the proper methods to employ in reporting con- 
tagious diseases. He shall be charged with strict and thorough 10 
STATE OF NORTH DAKOTA 
enforcement of the laws, rules and regulations to the end that the 
health of the people be conserved and protected. When it shall 
come to his notice, or when he believes that there is a probability 
that a dangerous disease exists within his jurisdiction he shall make 
such sanitary inspection of such places as he may deem advisable, 
and shall take such action and enforce such rules and regulations 
as he may deem necessary for the protection of the public health. 
Whenever a village board of health or township board of health 
within his jurisdiction neglects or refuses to perform any of its 
duties as specified in this act (article), or refuses or neglects to 
execute any of the orders or regulations of the county board of 
health, then the superintendent of said county board of health may 
execute its orders and regulations by agents of its own appointment. 
He shall have full and complete control, subject to the supervisory 
control of the state department of health, of all matters pertaining 
to public health outside the limits of incorporated cities within his 
county. He shall decide when quarantine and disinfection are neces- 
sary for the safety of the public, and shall have power to establish 
and perform the same. All expenses incurred in quarantining or 
disinfecting outside of incorporated cities shall be audited by the 
county board of health and paid for out of the general fund of the 
county. He may send out circulars permitting the use of the long 
distance telephone at the expense of the county board of health in 
all cases of emergency. He may also investigate, subject to the 
supervisory control of the state department of health, all public 
water and ice supplies which, are suspected of being infected and cause 
them to be condemned whenever he finds it necessary. He may also 
investigate public milk supplies and prohibit the sale of unwhole- 
some milk and dairy products, stop shipment of spoiled or un- 
wholesome meat, the slaughtering of diseased animals, and subse- 
quent sale of the meat thereof. He shall enforce cleanliness in 
schools, inspect overcrowded, poorly ventilated and insanitary school 
houses, and when necessary report such cases to the board of in- 
spection, as provided in section 80, chapter 266, of the Session Laws 
of 1911. He shall by the tenth day of each month report to the 
secretary of state department of health, on blanks furnished for 
that purpose, the name and address of each case of dangerous and 
contagious, infectious diseases occurring in his jurisdiction for the 
preceding month, with the name of the party reporting the same, 
together with a detailed statement of his official acts. (1925 Supp.) 
Chapter 176. Section 1. Duties of County and City Health 
Officers to Make Reports. All city and county health officers shall 
make such reports to the state department of health as are required 
by law. No city or county health officer shall be paid the last 
month’s salary in any year until the county auditor has received a 
certificate from the state department of health certifying that all 
required reports from such officer have been received and approved. 
(Laws of 1929.) PUBLIC HEALTH LAWS 
11 
Section 409. Compensation. The president and vice president 
of the board shall receive three dollars per day for every day in 
which they may be actually and necessarily engaged in the perform- 
ance of their duties and five cents per mile for every mile actually 
and necessarily traveled, in the discharge of their duties. The county 
superintendent of health shall receive from two hundred dollars 
to six hundred dollars a year for his office work, which sum shall 
be determined annually by the county commissioners, and according 
to the efficiency of the health officer and the amount and character 
of the work performed. He shall also receive five dollars per day for 
every day or fraction thereof that he may be actually and neces- 
sarily engaged in the performance of his official duties, not includ- 
ing work confined to his office, and in addition thereto, all his other 
necessary and actual expenses incurred while so engaged. Neither 
the county superintendent of health, or any deputy shall receive 
more than ten cents per mile for each mile actually and necessarily 
traveled in the performance of his duties. (Laws of 1935, Chapter 
113.) 
Section 410. Boards of Health Heretofore Established, Not Af- 
fected. Nothing contained in this article shall in any manner affect 
any board of health heretofore established or that may be here- 
after established in any city, village or incorporated town; provided, 
however, that all such boards of health shall be under the superin- 
tending control of the state department of health. (C.L. 1913.) 
CITY BOARDS OF HEALTH 
Alder manic System 
Section 411. City Board, How Constituted. There is hereby 
established in each incorporated city in this state a board of health, 
which shall be constituted as follows: The mayor of such city shall 
at the first meeting of the city council in April in each year appoint 
four aldermen, who, together with the city engineer and the health 
officer as hereinafter provided, shall constitute a board of health 
and shall have and exercise the powers conferred upon such board 
by law and by the ordinances of such city. (C.L. 1913.) 
Section 412. Health Officer, City Board, Duties of Officers. At 
the first meeting of the city council in April of each odd-numbered 
year there shall be appointed by the mayor and confirmed by the 
council one health officer, who shall hold his office for two years 
and until his successor is appointed and qualified. Provided, how- 
ever, that when the state department of health is satisfied that the 
city health officer is neglecting or refusing to perform the duties of 
his office in conformity with the laws, rules and regulations which 
are in force governing such matters, they may report the case to the 
city council and the mayor shall at the next meeting declare the 
office vacant and appoint another physician to fill the unexpired 
term. (C.L. 1913.) 12 
STATE OF NORTH DAKOTA 
Subdivision A. Meetings. The board shall meet on the first 
Tuesday after the first meeting of the city council in April at such 
hour and place as may be named by the city health officer. The 
board shall organize by electing from its members a president and 
vice-president. The city health officer shall be secretary and ex- 
ecutive officer of the board. A majority of the board shall consti- 
tute a quorum. The other regular meetings of the board shall be 
held on the second Tuesday in July, October and January. Special 
meetings may be held at any time on call of the president and 
secretary. 
Subdivision B. Duties of Officers of Board. The president of 
each city board of health shall preside at the meetings thereof and in 
his absence the vice-president shall perform the duties of the presi- 
dent. The secretary shall keep a record of all the proceedings of the 
board and of his official acts. He shall see that the health ordi- 
nances of the city, the rules and regulations of his board and the 
rules and regulations of the state department of health and the health 
laws of the state are full complied with throughout his jurisdiction 
and he is hereby charged with strict enforcement of the same. He 
shall properly instruct the physicians within his jurisdiction in the 
proper methods to employ in reporting contagious diseases and shall 
furnish said physicians with the necessary blanks for that purpose, 
such blanks to be of the form prescribed by the state department of 
health. He shall keep a record of all dangerous, contagious and 
infectious diseases occurring within his jurisdiction, which record 
shall show the name and address of the party affected, the name of 
the disease, by whom reported and such other statistical data as 
may be required by the state department of health. He shall by the 
tenth of each month report to the secretary of the state department 
of health on blanks furnished for the purpose, all cases of dangerous, 
infectious and contagious diseases that have occurred within his 
jurisdiction during the preceding month, with such further data as 
may be required by the state department of health. The diseases 
that shall be regarded as infectious or contagious shall be those so 
designated in the rules and regulations of the state department of 
health. (C.L. 1913.) 
Section 3595. Jurisdiction. The city council shall have juris- 
diction in and over all places within one-half mile of the city limits, 
for the purpose of enforcing health and quarantine ordinances and 
regulations thereof. (C.L. 1913.) 
Commission System 
Section 3783. Officers, The officers of cities incorporated under 
this act shall be a president of the board of city commissioners and 
four city commissioners who, together, shall be known as the board 
of city commissioners of the city of ; a treasurer, 
auditor, attorney, a police magistrate, one or more justices of the 
peace, one or more assessors, a physician, street commissioner, chief PUBLIC HEALTH LAWS 
13 
of fire department, city engineer, chief of police, a board of public 
works, one or more policemen, and such other officers or boards as 
the board of city commissioners may deem necessary; provided, that 
the board of city commissioners by a majority vote may dispense 
with the offices of street commissioner, engineer and board of public 
works, and provide that the duties thereof be performed by other 
officers or boards, by the board of city commissioners or a com- 
mittee thereof. (C.L. 1913.) 
Section 3794. Departments of Administration. In addition to the 
powers aforesaid, the said commissioners shall have the right, and it 
shall be their duty, by a majority vote of all the said commissioners 
elected, to designate from among their members one commissioner, 
who shall be known as “police and fire commissioner,” and who 
shall have under his special charge the enforcement of all police 
regulations of such city and general supervision over the fire de- 
partment of such city, and one commissioner to be known as the 
“commissioner of streets and of improvements,” who shall have under 
his special charge the supervision of streets and alleys of such city, 
and be charged with the duty of lighting such streets and keeping 
the said streets and alleys in clean and sanitary condition, and with 
the enforcement of all rules and regulations necessary to that end, 
for the preservation of the health of the inhabitants of such city, 
and who shall also have under his special charge the supervision of 
all public improvements, and shall see that all contracts therefor 
are faithfully complied with, and that the conditions of any grant of 
any franchise or privilege are faithfully complied with and per- 
formed, and one commissioner to be known as the “water works and 
sewerage commissioner,” who shall have under his special charge 
the water works and sewerage department of such city, and shall 
see to the enforcement of all regulations with respect to said de- 
partments, and with respect to all the revenues pertaining thereto, 
and one commissioner who shall be known as the “commissioner 
of finance and revenues,” who shall have under his special charge 
the enforcement of all laws for the assessment and collection of 
taxes of every kind and the collection of all revenues belonging to 
such city, from whatever source the same may be derived; and who 
shall also examine into and keep informed as to the finances of such 
city. Provided that by a majority vote of the commissioners the 
duties assigned in this section may be otherwise distributed. (C.L. 
1913.) 
Section 3801. Officers, Appointment of. The board of city 
commissioners in all cities, at their first meeting after their quali- 
fication or as soon thereafter as possible, shall appoint the follow- 
ing officers, to wit: A treasurer, auditor, attorney, one or more 
assessors, a physician, street commissioner, chief of the fire depart- 
ment, a board of public works, one or more policemen, and such 
other officers or boards as the board of city commissioners may deem 
necessary; provided, that the board of city commissioners, by a 14 
STATE OF NORTH DAKOTA 
majority vote, may dispense with the offices which in its judgment 
are unnecessary. (C. L. 1913.) 
Section 3818. General Powers of Commissioners. The board of 
city commissioners shall have power (among other things) to: 
6. Provide for the cleaning and health of the city. 
9. To regulate and prevent the throwing or depositing of ashes, 
offal, dirt, garbage or any other offensive matter, in, and to prevent 
injury tc any street, avenue, alley or public ground. 
31. To provide for and regulate the inspection of meats, poultry, 
fish, butter, cheese, lard, vegetables, flour, meat and other provisions, 
and to license and regulate the sale of milk, provide for the inspec- 
tion of same, and all dairies and premises wherever situated, from 
which any milk is offered for sale in such city, and to prohibit the 
sale of impure and diseased milk. 
53. To erect and establish hospitals and medical dispensaries 
and control and regulate the same, and provide and enforce quar- 
antine regulations against all contagious and infectious diseases. 
54. To do all acts and make all regulations which may be neces- 
sary or expedient for the promotion of health or for the suppression 
of disease. 
59. To prohibit any offensive or unwholesome business or estab- 
lishment within, or within one mile of the limits of the corporation. 
60. To compel the owner of any grocery, cellar, stable, pig-sty, 
privy, sewer or other unwholesome or nauseous house or place, to 
cleanse, abate or remove the same, and to regulate the location 
thereof. (C.L. 1913.) 
Section 3819. Exercise of Power Through Ordinances. When 
by this chapter the power is conferred upon the board of commis- 
sioners to do and perform any act or thing, and the manner of ex- 
ercising the same is not specifically pointed out, the board of com- 
missioners may provide by ordinance the details necessary for the full 
exercise of such power. (C.L. 1913.) 
Section 3820. Powers of Commissioner of Public Health. The 
commissioner of public health shall have all the power and author- 
ity heretofore given or which hereafter may be given to boards of 
health by any general law and it shall be his duty to provide such 
additional rules and regulations as shall be proper and necessary 
for the preservation of the health of the people of the city, to pre- 
vent the spread of contagious diseases and to cause the removal of 
all objects detrimental to the health of such people and to enforce 
such rules and regulations as are hereinafter provided. (C.L. 1913.) 
Section 3821. Health Regulations. All rules and regulations 
prepared by such commissioner shall be by him reported to the 
board of city commissioners, and if the board of city commissioners 
shall approve the same by vote of the majority of its members, such 
rules and regulations shall have the full force and effect of ordi- 
nances, and the violation thereof may be prosecuted and punished 
as in the case of ordinances. (C.L. 1913.) PUBLIC HEALTH LAWS 
15 
Section 3822. Sanitary Recommendations. The commissioner of 
public health shall also, from time to time, recommend to the board 
of city commissioners such sanitary measures to be executed at the 
public expense as shall seem to him to be necessary for the preser- 
vation of the public health. (C.L. 1913.) 
Section 3823. Salary of Commissioner of Public Health. Assist- 
ants. It shall be the duty of the board of city commissioners to 
fix the salary of said commissioner, which shall be paid out of the 
city treasury. The commissioner may appoint, subject to confirma- 
tion by the president of the board of city commissioners, such assist- 
ants as may be necessary, and all such appointees shall receive 
such salary or compensation as the board of city commissioners may 
fix. (C.L. 1913.) 
Section 3824. Authority to Inspect Premises. The commissioner 
of public health or any person acting under him shall have authority 
to enter into and examine at any time all buildings, lots and places 
of any description within the city for the purpose of ascertaining 
the condition thereof, so far as the public health may be affected 
thereby, and any person refusing to allow entrance into or upon 
his premises at reasonable hours for such purpose, shall, on convic- 
tion thereof, be fined not less than ten dollars nor more than one 
hundred dollars; and in all cases in which the commissioner shall 
deem it necessary for the protection of the health of the city to abate 
or remove any nuisance, source of filth, or cause of sickness which 
shall be found on private property, he shall cause a notice to be 
served on the owner or occupant thereof, requiring him to remove the 
same at his own expense within a reasonable time, not less than 
twenty-four hours; and if said owner or occupant shall refuse or 
neglect to comply with such notice, or if such nuisance, source of 
filth or cause of sickness exist on the property of nonresident own- 
ers or upon property the owners of which cannot be found, the com- 
missioner shall cause the removal of such nuisance, source of filth, or 
cause of sickness under his direction at the expense of the city, and 
the costs thereof shall be charged against the lots, pieces or parcels 
of land upon which said work has been done, and shall be assessed 
against said property in the manner provided for the assessment and 
certificate of sidewalk assessments. (C.L. 1913.) 
Section 3825. Contagious Diseases. Duties of Physicians. It 
shall be the duty of every physician practicing in any city which 
has adopted this charter to report in writing to the commissioner of 
public health every patient he shall have who is sick with smallpox, 
scarlet fever, diphtheria, typhoid fever, asiatic cholera or any other 
dangerous contagious disease within twenty-four hours after he shall 
ascertain or suspect the nature of such disease. The report shall be 
in such form as may be prescribed by the state department of health 
and shall state the name, sex, age and place of residence of the 
person whose sickness is reported, the nature of the disease and such 
additional facts as said board may prescribe. Any practicing physi- 16 
STATE OP NORTH DAKOTA 
cian who shall neglect or refuse to perform the duties required of 
him by this section or who shall make a false return of the facts 
required shall be punished by a fine of not less than twenty-five 
dollars nor more than one hundred dollars for each offense or by 
imprisonment in the county jail for a period of not exceeding sixty 
days, or by both fine and imprisonment. (C.L. 1913.) 
Section 3826. Reports to State Department of Health. The com- 
missioner of public health shall also discharge such duties not herein 
enumerated, as may from time to time be imposed upon him by the 
board of city commissioners by ordinance or resolution, and shall 
make such reports to the state department of health and generally 
perform such duties as are or may be required of health officers 
by these statutes. (C.L. 1913.) 
Chapter 176. Section 1. Duties of County and City Health 
Officers to Make Reports. All city and county health officers shall 
make such reports to the state department of health as are required 
by law. No city or county health officer shall be paid the last 
month’s salary in any year until the county auditor has received a 
certificate from the state department of health certifying that all 
required reports from such officer have been received and approved. 
(Laws of 1929.) 
Section 3827. Duties of Peace Officers, as to Health Regulations. 
It shall be the duty of the members of the police force of the city 
and all magistrates and other civil officers and all citizens to aid 
to the utmost of their power the commissioner of public health in 
the discharge of his duties, and on his requisition it shall be the 
duty of the chief of police to serve or detail one or more of the police- 
men to serve the notices issued by said commissioner and to per- 
form such other duties as he may require. (C.L. 1913.) 
LOCAL BOARDS OF HEALTH, DUTIES AND POWERS 
Section 413. Local Boards of Health. Duties of. Each city board 
of health shall perform the duties and exercise the powers herein 
provided within the limits of the city for which it is established. 
Each county board of health and city board of health shall be known 
as the local board of health. (C.L. 1913.) 
Section 414. Board To Make Sanitary Regulations. Each local 
board of health, within its jurisdiction, may examine into all nuis- 
ances, sources of filth and causes of sickness, and make such regu- 
lations regarding the same as it may judge necessary for the public 
health and safety of the inhabitants, and every person who shall 
violate any published order or regulation made by any board of 
health, shall be guilty of a misdemeanor and punished by a fine not 
exceeding one hundred dollars, or by imprisonment in the county 
jail not exceeding thirty days, or both. (C.L. 1913.) 
Section 415. Local School Boards, Duties. Each local board of 
health shall, at least once every thirty days, in such manner as it PUBLIC HEALTH LAWS 
17 
shall direct, cause to be adequately disinfected each school house, 
within its jurisdiction; provided this section shall not apply to school 
houses during vacation; provided, that except in case of emergency, 
the disinfection of school houses shall be made after school hours on 
Friday afternoon or on Saturday. (C.L. 1913.) 
Section 416. Regulations Published. Notice shall be given by 
each local board of health of all general orders and regulations made 
by them by publishing the same in some newspaper, if there is one 
published within the jurisdiction of such board; if there is none, 
then by posting such orders and regulations in five public places 
therein, and such publication of such orders and regulations shall 
be deemed a legal notice to all persons. (C.L. 1913.) 
Section 417. Nuisance. Owper to Remove. Whenever any nui- 
sance, source of filth or cause of sickness is found on private prop- 
erty any member of the local board of health may order the 
owner or occupant thereof at his own expense to remove the same 
within twenty-four hours, and such order may be given to such 
owner or occupant personally or left at his usual place of abode. 
(C.L. 1913.) 
Section 418. Board to Act in Default of Owner. Whenever such 
owner or occupant shall fail to comply with the order of such board, 
it may cause such nuisance, source of filth or cause of sickness to 
be removed and all expenses incurred thereby shall be paid by such 
owner or occupant, or by such other person as has caused or per- 
mitted the same. (C.L. 1913.) 
Section 419. Complaint to Justice, When. Whenever any local 
board shall deem it necessary for the preservation of the health of 
the inhabitants within its jurisdiction to enter any building or vessel 
within such jurisdiction for the purpose of examining into and de- 
stroying, removing or preventing any nuisance, source of filth or 
cause of sickness and shall be refused entrance, any member of the 
board may make complaint under oath to a justice of the peace 
within the jurisdiction of the board, stating the facts in the case 
so far as he has knowledge thereof. (C.L. 1913.) 
Section 420. Justice to Issue Warrant. Such justice shall there- 
upon issue a warrant directed to the sheriff or other peace officer, 
•commanding him to take sufficient aid and accompanied by at least 
one member of the board of health between the hours of sunrise 
and sunset to have such nuisance, source of filth or cause of sick- 
ness destroyed, removed or prevented under the direction of such 
of the board of health as accompany him. (C.L. 1913.) 
Section 421. Any Physician to Report Cases of Contagion. 
Whenever it shall come to the knowledge of any physician or other 
person that a case of tuberculosis, typhoid fever or any other dan- 
gerous infectious disease exists within the jurisdiction of any county 
or city board of health, he shall immediately report to the superin- 
tendent of the county board of health or to the city health office 18 
STATE OF NORTH DAKOTA 
in whichever jurisdiction the case may be, the name and place of 
residence, if known, of every person afflicted with such disease, and 
if he is the attending physician of such person he shall report not 
less than twice each week, the condition of each person so afflicted 
with the state of such disease. (C.L. 1913.) 
Section 422. Duty of Physician in Case of Death. It shall be 
the duty of each practicing physician in this state to report in writ- 
ing to the local board of health the death of each of his patients, 
who shall have died within the jurisdiction of such board of any 
contagious, infectious or epidemic disease. Such report shall be 
made within twenty-four hours after such death and shall state the 
specific name and character of such disease. (C.L. 1913.) 
Section 423. Keeper of House to Report. Each keeper of any 
private house, boarding house, lodging house, inn or hotel shall 
report in writing to the local board of health within whose juris- 
diction the same may occur each case of contagious, infectious or 
epidemic disease which may occur in his house, inn or hotel; such 
report shall be made within twenty-four hours after the existence 
of such disease shall become known to such person, and shall state 
the name of each person afflicted with such disease and the nature 
thereof. (C.L. 1913.) 
Section 424. Removal of Sick Person. No person shall without 
a permit from the local or state department of health carry or cause 
to be removed from without this state to this state, or from one 
building to another within this state, or from or to any car or vessel, 
any person afflicted with any contagious, infectious or epidemic dis- 
ease, or the body of any person who died of such disease. (C.L. 
1913.) 
Section, 425al. Vaccination or Inoculation Not To Be Made a 
Condition Precedent. No form of vaccination or inoculation shall 
hereafter be made a condition precedent, in this state, for the ad- 
mission to any public or private school or college, of any person, 
or for the exercise of any right, the performance of any duty, or 
the enjoyment of any privilege, by any person. (1925 Supp.) 
Section 425a2. Repeal, Section 425 of the Compiled Laws of 
North Dakota is hereby repealed, as well as are all acts and parts of 
acts in conflict with the provisions of this act. (1925 Supp.) 
Section 426. Duty of School Officials. No principal, superin- 
tendent or teacher of any school, and no parent or guardian of any 
minor child, shall permit any child having scarlet fever, diphtheria, 
smallpox, whooping cough, measles or any other dangerous infectious 
or contagious disease, or any child residing in any house in which 
any such disease exists or has recently existed, to attend any public or 
private school until the local board of health shall have given per- 
mission therefor. (C.L. 1913.) 
Section 427. Burial, Case of Contagion, Regulations, No person 
shall allow to be unburied the body of any human being for a longer PUBLIC HEALTH LAWS 
19 
time than four days, or, when death has been caused by an infec- 
tious or contagious disease, for a longer time than twenty-four hours 
after the death of such person without a permit from the local board 
of health, which permit shall specify the length of time during which 
such body may be unburied. In all cases where death has been 
caused by an infectious or contagious disease, the body shall, if 
directed by said board, be immediately disinfected as may be directed 
by it. If the body remains unburied for more than twenty-four 
hours it shall immediately be inclosed in a tightly sealed metallic 
coffin which shall not thereafter be opened and the funeral of such 
person shall be strictly private. In the removal of such body for 
burial, or otherwise, only such hearses or other vehicles shall be 
employed as may be authorized by said board, and no undertaker 
or other person shall bury or prepare for burial the body of any 
human being without a certificate signed by the attending physician 
or by the coroner, which certificate shall state the name, age, sex 
and place of abode and date of death of such deceased person, the 
name and duration of the disease of which such person died and 
whether or not such disease is contagious, and such certificate shall 
after the burial of such body be filed with the local board of health, 
and whenever any such dead body shall be presented to any common 
carrier within the state for transportation by such carrier, it shall 
be accompanied by a duplicate of such certificate signed by such 
attending physician or coroner; and no common carrier shall receive 
any such body for transportation unless such certificate shall state 
that the disease of which such person died is not contagious, which 
duplicate shall be securely attached to and remain upon the outside 
of the coffin or other receptacle containing such dead body. (C.L. 
1913.) 
Section 428. Infected Persons, Removal of. It shall be the duty 
of each local board of health, whenever it shall come to its knowl- 
edge that a case of smallpox, scarlet fever, diphtheria or other in- 
fectious or contagious disease exists within its jurisdiction, immedi- 
ately to examine into the facts of the case and, if such disease ap- 
pears to be of the character herein specified, such board shall adopt 
such quarantine and sanitary measures as in its judgment tend to 
prevent the spread of such disease, and may immediately cause any 
person infected with such disease to be removed to a separate house, 
if in the opinion of the health officer or state health officer, such 
person can be so removed without danger to his health, and, if such 
infected person cannot be removed without danger to his health, the 
local board shall make such quarantine regulations as it deems 
proper with reference to the house within which such infected per- 
son is, and in such case may cause the persons in the neighborhood 
to be removed and take such other measures as it deems necessary 
for the safety of the inhabitants, and shall immediately notify the 
state department of health of the existence and nature of such dis- 20 
STATE OF NORTH DAKOTA 
ease and of the measures adopted by it with reference thereto. 
(C.L. 1913.) 
Section 429, Temporary Hospital. Each local board of health 
may provide such temporary hospital or place of retention for per- 
sons afflicted with infectious or contagious diseases as it judges best 
for their accommodation and the safety of the inhabitants, and all 
such hospitals and all private houses or other places in which exists 
any infectious or contagious disease shall during the existence of such 
disease be under the control and subject to the regulations of the 
local board of health and all the inmates of such house or other place 
during the existence of such disease therein must conform to the 
regulations and obey the instructions of such local board with refer- 
ence thereto. (C.L. 1913.) 
Section 430. Infected Clothing, etc. Destruction of. Any local 
beard of health may cause to be destroyed any bed or bedding, 
clothing, carpets or other articles which have been exposed to in- 
fection from such infectious or contagious disease, and may allow 
reasonable compensation for the same, or may provide a proper place 
with all necessary apparatus and attendants for the disinfection of 
such articles and cause all such articles to be disinfected thereby, 
and may provide a carriage for the conveyance of such articles or of 
persons suffering from such contagious or infectious disease. (C.L. 
1913.) 
Section 431. Board Has Full Power. Local boards of health 
may employ such persons as may be necessary to carry into effect 
the provisions of this article and the regulations established by them, 
and such physicians as they deem necessary, and provide such neces- 
saries of life as in their judgment shall be needed for the mainten- 
ance, welfare and comfort of persons afflicted with contagious and 
infectious diseases. All expenses incurred by any local board of 
health in carrying into effect the provisions of this article, and in 
providing for the care and maintenance of such sick persons, and all 
expenses incurred under any of the provisions of this article, shall 
be audited and allowed by the board incurring the same; such ex- 
penses in case of township boards of health shall be certified to the 
township clerk and paid out of the general fund of the township, 
and in case of city boards of health shall be certified to the city 
auditor and paid out of the general fund of the city, and in case 
of county boards of health, shall be certified to the county auditor 
and paid out of the general fund of the county. (C. L. 1913.) 
Section 432. Expense, Who Chargeable. All expenses incurred 
by such boards of health for the care, medical attendance or sup- 
port of any such sick person shall be a charge upon such person and 
upon the person legally chargeable with the support of such per- 
son, and may be collected by suit in the name of the township, city 
or county, which shall have incurred such expense; provided, how- 
ever, that in cases where, after due investigation, such township or PUBLIC HEALTH LAWS 
21 
city board of health is satisfied that such sick person or the person 
legally charged with the support of such person is too poor to pay 
the expenses incurred in his behalf, then and in such cases the local 
board of health shall make an indorsement to such effect on the bill 
of expenses incurred in such case, and the clerk of such township 
or the city auditor of such city shall send a certified statement of 
such bill of expenses with the indorsement of such local board of 
health to the county auditor. Such statement shall contain the date 
upon which such claims were allowed, to whom allowed, for what 
purpose and the amount allowed, and an itemized statement of the 
expenses incurred. Upon receipt of such statement the county audb 
tor shall refer the same to the county board of health, and if ap- 
proved by the county board of health, the county auditor shall issue 
his warrant upon the county treasurer, payable out of the general 
fund of the county, the amount allowed by such township or city. 
Such warrant shall be made payable to the treasurer of such town- 
ship or city, as the case may be. (C.L. 1913.) 
Section 433. Neglect of Duty Herein. Penalty. Any health of- 
ficer, superintendent of public health or any member of any local 
board of health, who shall neglect or refuse to perform any of the 
duties required to be performed by him under the provisions of this 
article, and any person who fails to comply with, or violates any of 
the provisions of this article, or neglects or refuses to conform to any 
rules, regulations or measures adopted by the local board of health 
within whose jurisdiction he shall at the time be and which shall 
have been published or shall have come to his knowledge, or refuses 
or neglects promptly to obey any orders, directions or instructions 
given to him by such board of health, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be punished by a fine of 
not less than ten nor more than fifty dollars, or by imprisonment in 
the county jail not exceeding thirty days, or by both. (C.L. 1913.) 
TOWNSHIP BOARDS OF HEALTH 
Section 4175. Who Constitutes. Powers of. The supervisors of 
each township and the trustees of each incorporated village shall 
constitute a board of health and within their respective townships or 
villages shall have and exercise under the supervisory control of the 
county superintendent of public health, all the powers necessary 
for the preservation of public health. (C.L. 1913.) 
Section 4176. Powers of Board of Health. The board of health 
may examine into all nuisances, sources of filth and causes of sick- 
ness and make such temporary regulations respecting the same as 
it shall judge necessary for the public health and safety of the in- 
habitants, but upon taking such action, the board shall immediately 
report the same to the county superintendent of public health, who 
shall then take the matter up and give the board specific instruc- 
tions or proceed to the place and take such action as he may deem 22 
STATE OF NORTH DAKOTA 
necessary for the protection of public health, and each person who 
violates any order or regulation made by any board of health, and 
duly published, is guilty of a misdemeanor and is punishable by 
a fine not exceeding one hundred dollars or by imprisonment in 
the county jail not exceeding three months. (C.L. 1913.) 
Section 4177. Public Notice of Orders and Regulations. Notice 
shall be given by the board of health of all orders and regulations 
made by it, by publishing the same in some newspaper if there is 
one published in such township or the county; if there is none, then 
by posting such notice in five public places therein; and such pub- 
lication of said orders and regulations shall be deemed a legal notice 
to all persons. (C.L. 1913.) 
Section 4178, Penalty for Refusal to Obey Order. Whenever 
any nuisance, source of filth or cause of sickness is found on private 
property, the board of health shall order the owner or occupant 
thereof at his own expense to remove the same within twenty-four 
hours, and if the owner or occupant thereof neglects so to do he 
shall forfeit a sum not exceeding fifty dollars, to be recovered in 
the name of and for the use of the township. (C.L. 1913.) 
Section 4179. Proceedings on Such Refusal. Whenever such 
owner or occupant shall fail to comply with such order of the board 
of health said board may cause the said nuisance, source of filth or 
cause of sickness to be removed, and all expenses incurred thereby 
shall be paid by such owner or occupant or by the person causing 
or permitting the same. (C.L. 1913.) 
Section 4180. Board to Enter Infected Premises. Proceedings if 
Opposed. Whenever the board of health deems it necessary for the 
preservation of the health of its inhabitants to enter any building 
or vessel in the township for the purpose of examining into and 
destroying, removing or preventing any nuisance, source of filth or 
cause of sickness, and shall be refused such entry, any member of the 
board may make complaint under oath to a justice of the peace of his 
township, stating the facts in the case so far as he has knowledge 
thereof. (C.L. 1913.) 
Section 4181. Warrant to be Issued by Justice. Such justice 
shall thereupon issue a warrant directed to the sheriff or any con- 
stable of the county, commanding him to take sufficient aid, and 
being accompanied by two or more members of the board of health, 
between the hours of sunrise and sunset, to repair to the place where 
such nuisance, source of filth or cause of sickness complained of may 
be, and destroy, remove or prevent the same under the direction 
of the members of such board of health. (C.L. 1913.) 
Section 4182. Quarantine of Infected Person, When any person 
coming from abroad or residing in any city, town or village in this 
state is infected or lately has been infected with the smallpox or 
other contagious disease dangerous to the public health, the board 
of health of the city, town or village where such sick or infected PUBLIC HEALTH LAWS 
23 
person is, may immediately cause such person to be removed to a 
separate house if it can be done without danger to his health, and 
shall provide for such person a nurse, medical attendance, and other 
necessaries, which shall be a charge in favor of such city, town or 
village against the person so provided for, his parents, guardian or 
master, if able, otherwise against the county to which he belongs, 
or the state if such person is a nonresident of the state. (C.L. 1913.) 
Section 4183. Same. When Person Cannot be Moved. If such 
infected person cannot be removed without danger to his health, 
the board shall make provision as directed in the preceding section, 
for such person in the house where he may be, and in such case it 
may cause the persons in the neighborhood to be removed; and may 
take such other measures as it deems necessary for the safety of the 
inhabitants. (C.L. 1913.) 
Section 4184. Board to Provide Hospital. When a disease dan- 
gerous to the public health breaks out in any township, the board 
shall immediately provide such hospital or place of reception for the 
sick and infected as is judged best for their accommodation and the 
safety of the inhabitants, which shall be subject to the regulations of 
the board; and the board may cause any sick and infected person 
to be removed thereto, unless his condition will not permit such re- 
moval without danger to his health, in which case the house or place 
where he remains shall be considered as a hospital, and with all its 
inmates subject to the regulations of the board. (C.L. 1913.) 
VILLAGES—BOARD OF TRUSTEES 
Section 3861. General Powers. The board of trustees shall have 
the power (among other things): 
4. To construct and keep in repair culverts, drains, sewers, 
catch basins, manholes and cesspools, and to regulate the use thereof, 
and to regulate the construction and use of any culvert, drain, sewer, 
catch basin, manhole or cesspool within the corporate limits and to 
declare what shall cause a nuisance, and to abate and remove the 
same, and to impose fines upon persons who may create, continue 
or suffer nuisances to exist, and take such other measures for the 
preservation of the public health as it shall deem necessary. (C.L. 
1913.) 
17. To direct the location and regulate the management and con- 
struction of packing houses, smoke houses, renderies and slaughter 
houses; and prohibit any offensive or unwholesome business or es- 
tablishment within, or within one mile of the limits of the corpora- 
tion; to compel the owner of any grocery, cellar, stable, pigsty, sewer 
or other unwholesome or nauseous house or place; to cleanse, abate 
or remove the same, and regulate the location thereof. (C.L. 1913.) 24 
STATE OF NORTH DAKOTA 
PUBLIC HEALTH LABORATORIES 
Note: Chapter 189 of the Laws of North Dakota for 1933 made 
the following provision for the operation of the public health labora- 
tories: 
Section 3. That the operation of the state public health labora- 
tories at Grand Forks, Bismarck, Minot and Fargo is hereby trans- 
ferred to the state department of health and any appropriation there- 
tofore made or any funds now belonging to said laboratories is 
hereby also transferred to the state department of health. The state 
department of health is hereby authorized and empowered to close 
one or more of said laboratories or substations if in their judgment, 
conditions so warrant. (Laws of 1933, Chapter 189.) 
Note; Previous legislation for operation of the laboratories in- 
cluded: 
Section 1650. Laboratory Established. There is hereby estab- 
lished a public health laboratory. Such laboratory shall be established 
at the state university and school of mines. It shall be under the 
control and regulation of the trustees of the university and the pro- 
fessor of bacteriology and pathology at the state university shall be 
the director of said laboratory. (C.L. 1913.) 
Section 1651. Director Makes Examinations. It shall be the 
duty of the director of said laboratory to make bacteriological ex- 
aminations of bodily secretions and excretions, waters and foods, and 
make preparations and examinations of pathological tissues sub- 
mitted by the state health officer, or by any county (superintendent) 
of public health, or by any regularly licensed physician of North 
Dakota. These analyses and preparations shall be made and the 
results furnished as expeditiously and promptly as the nature of the 
work and the equipment of the laboratory permits. (C.L. 1913.) 
Section 1652. Statistics Collected. The board of trustees shall 
cause to be collected and tabulated such sanitary statistics, and shall 
cause to be ascertained by research work such methods as will lead 
to the improvement of the sanitation of the various parts of the 
state. (C.L. 1913.) 
Section 1653. Specimens Preserved. It shall be the duty of the 
said board to cause proper specimens of bacteriological and patho- 
logical material discovered or examined in the work of said labora- 
tory to be skillfully prepared, secured, labeled and preserved for 
public inspection free of cost in the University of North Dakota in 
rooms convenient of access and properly furnished and in charge 
of a proper scientific curator. (C.L. 1913.) 
Section 1654. Director Issues Bulletins. The director of said 
laboratory shall cause to be issued from time to time, bulletins and 
reports setting forth the results of the sanitary and pathological 
work done in such laboratory. The substance of these bulletins and 
reports, embodying all useful and important information resulting PUBLIC HEALTH LAWS 
25 
from the work carried on in such laboratory each year, shall be in- 
corporated in an annual report to the governor, who shall lay the 
same before the legislative assembly. (C.L. 1913.) 
Section 1655. Who Director. The professor of bacteriology and 
pathology in the medical college of the state university shall be 
the director of the public health laboratory and shall be ex-officio 
the state bacteriologist. (C.L. 1913.) 
Section 1656. Appropriation. For the purpose of meeting the 
necessary expenses in the conduct of the public health laboratory 
in the medical department of the state university and school of mines 
at Grand Forks, and of its branches now established at Bismarck 
and at Minot, there is hereby annually, and commencing January 
first, 1911, appropriated out of the state treasury from any moneys 
not otherwise appropriated, the sum of ten thousand dollars, or so 
much thereof as may be necessary, subject to the control and regu- 
lations of the board of trustees of the state university and school of 
mines. (C.L. 1913.) 
Section 434. Bureau of Vital Statistics. For the complete and 
proper registration of births and deaths, for legal, sanitary and 
statistical purposes, there shall be, and hereby is, created and es- 
tablished a state bureau of vital statistics, to be under the immediate 
superintendence of the state department of health, and the secre- 
tary of said department shall have general supervision over the 
bureau which is hereby authorized to be established by the de- 
partment, and for the purposes of this act he shall be ex-officio 
state registrar of vital statistics. (C.L. 1913.) 
Section 435. Deputy Registrar. The state registrar may employ 
such clerical and other assistants as are necessary for the proper 
performance of the duties of the office, and fix their compensation 
within the amount appropriated therefor by the legislature. He 
shall designate, in writing, one of his assistants, who shall possess 
the powers and perform the duties of the state registrar during 
his absence, illness or disability, or during a vacancy in the office, 
and he is hereby empowered to make, promulgate and enforce such 
rules and regulations as he may consider necessary to carry out the 
provisions of this act. Suitable apartments shall be provided by 
the custodian of the capitol, in the state capitol at Bismarck, for 
the bureau of vital statistics, which shall be properly equipped with 
fire proof vault and filing cases for the safe and permanent preser- 
vation of all official records made and returned under this article. 
(C.L. 1913.) 
Section 436. Registration Districts. For the purposes of this 
act the state shall be divided into registration districts as follows: 
Each incorporated village and city and each township, exclusive of 
VITAL STATISTICS 26 
STATE OF NORTH DAKOTA 
any incorporated village or city, shall constitute a primary registra- 
tion district. (C.L. 1913.) 
Section 437. Local Registrars, Duties of Sub-Registrars, The 
clerk of each township, village or city shall be the local registrar in 
and for the township, village or city of which he is clerk, and he shall 
perform all the duties of local registrar as hereinafter provided, and 
he shall immediately appoint in writing, a deputy, who shall be 
authorized to act in his stead in case of absence, illness or disability; 
provided, that in unorganized townships the state registrar may ap- 
point suitable persons as local registrars, and when it may appear 
necessary for the convenience of the people in any township, the 
local registrar is hereby authorized, with the approval of the state 
registrar, to appoint one or more suitable and proper persons to 
act as sub-registrars, who shall be authorized to receive certificates 
and to issue burial or removal permits in and for such portions of 
the townships as may be designated, and each sub-registrar shall 
note the date each certificate was filed, over his signature, and 
forward all certificates to the registrar of the township within ten 
days, and in all cases before the third day of the following month; 
provided, that all sub-registrars shall be subject to the supervision 
and control of the state registrar, and may be by him removed for 
neglect or failure to perform their duties in accordance with the 
provisions of this article, or the rules and regulations of the state 
registrar, and they shall be liable to the same penalties for neglect 
of duties as the local registrar. (C.L. 1913.) 
Section 438. Registration of Births. All births that occur in the 
state shall be immediately registered in the districts in which they 
occur, as hereinafter provided. (C.L. 1913.) 
Section 439. Regulation of Burials. The body of any person 
whose death occurs in the state shall not be interred, deposited in 
a vault or tomb, cremated or otherwise disposed of, or removed 
from or into any registration district, until a permit for burial or 
removal shall have been properly issued by the registrar of the 
registration district in which the death occurs, and no such burial 
or lemoval permit shall be issued by any registrar until a complete 
and satisfactory certificate and return of the death has been filed 
with him, as hereinafter provided; provided, that in case of any 
death outside of the state, where the body is accompanied by a re- 
moval or transit permit, issued in accordance with the (law) and 
the health regulations in force where the death occurred, such re- 
moval or transit permit may be accepted as of the same authority 
as a permit from the local registrar. (C.L. 1913.) 
Section 440. Still-born Children to be Registered. Still-born 
children, or those dead at birth, shall be registered as births and also 
as deaths, and a certificate of both the birth and the death shall 
be filed with the local registrar in the usual form and manner, the 
certificate of birth to contain, in place of the name of the child, the PUBLIC HEALTH LAWS 
27 
words, “still-birth.” The medical certificate of the cause of death 
shall be signed by the attending physician, and shall state the cause 
of death as “still-born,” with the cause of the still-birth, if known; 
whether a premature birth, and if born prematurely, the period of 
uterogestation in months, if known, and a burial or removal permit 
in the usual form shall be required. (C.L. 1913.) 
Section 441. Death Certificate, Form of. The certificate of the 
death shall be of the standard form recommended by the bureau 
of the census of the American Health Association, and shall con- 
tain the following items: 
1. Place of death, including state, county, township or town, 
city or village. If in a city, the ward, street and house number. If 
in a hospital or other institution, the name of the same to be given 
instead of the street and house number. 
2. Full name of decedent. If an unnamed child, the surname, 
preceded by “unnamed.” 
3. Sex. 
4. Color or race, as white, black (Negro or Negro descent), 
Indian, Chinese, Japanese or other. 
5. Conjugal condition, as single, married, widowed or divorced. 
6. Date of birth, including the year, month and day. 
7. Age, in years, months and days. 
8. Place of birth, state or foreign country. 
9. Name of father. 
10. Birthplace of father, state or foreign country. 
11. Maiden name of mother. 
12. Birthplace of mother, state or foreign country. 
13. Occupation, the occupation to be reported of any person who 
had any remunerative employment, women as well as men. 
14. Signature and address of informant. 
15. Date of death, including the year, month and day. 
16. Statement of medical attendance on decedent, fact and time 
of death, including the time last seen alive. 
17. Cause of death, including the primary and immediate causes 
and contributory causes or complications, if any, and the durations 
of each. 
18. Signature and address of physician or official making the 
medical certificate. 
19. Special information concerning deaths in hospitals and in- 
stitutions, and of persons dying away from home, including the for- 
mer or usual residence, length of time at place of death, and place 
where the disease was contracted. 
20. Place of burial or removal. 
21. Date of burial or removal. 
22. Signature and address of undertaker. 
23. Official signature of registrar, with date when certificate was 
filed and registered number. 28 
STATE OF NORTH DAKOTA 
The personal and statistical particulars (items 1 to 13) shall be 
authenticated by the signature of the informant, who may be any 
competent person acquainted with the facts. The statement of facts 
relating to the disposition of the body shall be signed by the under- 
taker or person acting as such. The medical certificate shall be 
made and signed by the physician, if any, last in attendance on the 
deceased, who shall specify the time in attendance, the time he last 
saw the deceased alive, and the hour of the day at which death 
occurred; and he shall further state the cause of death so as to show 
the course of disease or sequence of causes resulting in death, giving 
the primary and immediate causes, and also the contributory causes, 
if any, and the duration of each. Indefinite and unsatisfactory terms 
indicating only symptoms of disease or conditions resulting from 
disease will not be held sufficient for issuing a burial or removal 
permit, and any certificate containing only such terms, as defined 
by the state registrar, shall be returned to the physician for correc- 
tion and definition. Causes of death which may be the result of 
other disease or violence, shall be carefully defined, and if from vio- 
lence, its nature shall be stated, and whether accidental, suicidal 
or homicidal. And in case of deaths in hospitals, institutions or 
away from home, the physician shall furnish the information re- 
quired under this head (item 19) and shall state where, in his 
opinion, the disease was contracted, and the cause of death and all 
other facts required shall in all cases be stated in accordance with 
the rules and regulations of the state registrar. (C.L. 1913.) 
Section 442. Death Without Medical Attendance, Duty of Un- 
dertaker. In case of any death occurring without medical attendance 
it shall be the duty of the undertaker to notify the registrar of such 
death, and when so notified the registrar shall inform the local 
health officer and refer the case to him for immediate investigation 
and certification, prior to issuing the permit; provided, that when 
the local health officer is not a qualified physician, or when there 
is no such official, and in such cases only, the registrar is authorized 
to make the certificate and return from the statement of relatives 
or other persons having adequate knowledge of the facts; provided, 
further, that if the circumstances of the case render it probable 
that the death was caused by unlawful or suspicious means, the 
registrar shall then refer the case to the coroner for his investiga- 
tion and certification. (C.L. 1913.) 
Section 443. Duties of Undertakers. The undertaker or person 
acting as undertaker, shall be responsible for obtaining and filing 
the certificate of death with the registrar and securing a burial or 
removal permit prior to any disposition of the body. He shall ob- 
tain the personal and statistical particulars required from the person 
best qualified to supply them, over the signature and address of his 
informant. He shall then present the certificate to the attending 
physician, if any, or to the health officer or coroner, as directed 
by the registrar, for the medical certificate of the cause of death PUBLIC HEALTH LAWS 
29 
and other particulars necessary to complete the records, as speci- 
fied in section 441, and he shall then state the facts required rela- 
tive to the date and place of burial, over his signature and with 
his address, and present the completed certificate to the registrar 
within the time limit, if any, designated by the local board of health 
for the issuance of a burial or removal permit. The undertaker shall 
deliver the burial permit to the sexton or person in charge of the 
place of burial before interring the body, or attach the removal 
permit to the box containing the corpse, when shipped by any trans- 
portation company, to accompany same to destination, when it shall 
be accepted by the sexton as authority for interment of the body. 
(C.L. 1913.) 
Section 444. Burial Permit, Form of. If the interment or other 
disposition of the body is to be made in the registration district in 
which the death occurred, the wording of the burial permit may be 
limited to a statement by the registrar, and over his signature, that 
a satisfactory certificate of death having been filed with him as 
required by law, permission is granted to inter, remove or otherwise 
dispose of the body of the deceased, stating the name, age, sex, cause 
of death, and other necessary details upon the form prescribed by 
the state registrar. But in case the interment or other disposition 
of the body is to be made in some registration district other than 
that in which the death occurred, a complete copy of the certificate 
of death shall be attached to and made a part of the permit. (C.L. 
1913.) 
Section 445. Duty of Sextons. Record. No sexton or person in 
charge of any premises in which interments are made shall inter 
or permit the interment of any body unless it is accompanied by a 
burial, removal or transit permit as herein provided, and each sex- 
ton or person in charge of any burial ground shall indorse upon the 
permit the date of interment over his signature, and shall return 
all permits, so indorsed, to the local registrar of his district within 
ten days from the date of interment, or within the time (limited) 
by the local board of health. He shall also keep a record of all 
interments made in the premises under his charge, stating the name 
of the deceased person, place of death, date of burial, and name 
and address of the undertaker, which record shall at all times be 
open to public inspection. (C.L. 1913.) 
Section 446. Certificate of Birth, Filed When and by Whom. It 
shall be the duty of the attending physician or midwife to file the 
certificate of birth properly and completely filled out, giving all the 
particulars required by this article, with the local registrar of the 
district in which the birth occurred, within three days after the date 
of birth, and if there be no attending physician or midwife, then it 
shall be the duty of the father of the child, householder or owner 
of the premises, manager or superintendent of public or private 
institution in which the birth occurred, to file said certificate of 30 
STATE OF NORTH DAKOTA 
birth with the local registrar within three days after birth. (C.L. 
1913.) 
Section 447. Form of Certificate. The certificate of birth shall 
be of the standard form recommended by the bureau of the census 
and shall contain the following items: 
All certificates, either of birth or death, shall be written legibly 
in unfading black ink, and no certificate shall be held to be com- 
plete and correct that does not supply all of the items of information 
called for therein or satisfactorily account for their omission. 
1. Place of birth, including state, township or town, village or 
city. If in a city, the ward, street and house number. If in a hos- 
pital or other institution the name of the same to be given instead 
of the street and house number. 
2. The full name of the child. If the child dies without a name 
before the certificate is filed enter the words “died unnamed.” If 
the living child has not been named at the date of filing of the 
certificate of birth, the space for “full name of child” is to be left 
blank, to be filled out subsequently by a supplemental report as 
hereinafter provided. 
3. Sex of child. 
4. Whether a twin, triplet or other plural birth. A separate 
certificate shall be required for each child of plural birth, giving 
number of child in order of birth. 
5. Whether legitimate or illegitimate. 
6. Full name of father. 
7. Residence of father. 
8. Color or race of father. 
9. Birthplace of father. 
10. Age of father at last birthday, in years. 
11. Occupation of father. 
12. Maiden name of mother, in full. 
13. Residence of mother. 
14. Color or race of mother. 
15. Birthplace of mother. 
16. Age of mother at last birthday, in years. 
17. Occupation of mother. 
18. Number of child of this mother, and number of children of 
this mother now living. 
19. Certificate of attending physician or midwife as to attend- 
ance at birth, including statement of year, month, day and hour of 
birth, and whether the child was dead or alive at birth. This certi- 
ficate shall be signed by the attending physician or midwife, with 
date of signature and address. If there was no physician or mid- 
wife in attendance, then the father of the child, householder or 
owner of premises, or manager or superintendent of public or priv- 
ate institution, or other competent person whose duty it shall be- 
come to file the certificate of birth as required by sec. 446, shall 
draw a line through the words “I hereby certify that I attended PUBLIC HEALTH LAWS 
31 
the birth of above child,” and shall write in lieu thereof the words 
“no physician or midwife,” filling out the remainder of the certifi- 
cate in regard to the year, month, day and hour of birth, and sign- 
ing the certificate as father, householder, owner of premises, man- 
ager or superintendent of institution, as the case may be, with his 
address. 
20. Exact date of filing in office of local registrar, attested by 
his official signature and registered number of birth, as hereinafter 
provided. 
All certificates, either of birth or death, shall be written legibly 
in unfading black ink, and no certificate shall be held to be com- 
plete and correct that does not supply all of the items of information 
called for therein or satisfactory account of their omission. (C.L. 
1913.) 
Section 448. Supplemental Report Giving Name of Child. When 
any certificate of birth of a living child is presented without state- 
ment of the given name, then the the local registrar shall make out 
and deliver to the informant a special blank for the supplemental 
report of the given name of the child, which shall be filled out as 
directed, and returned to the registrar as soon as the child shall be 
named. The original certificate of birth shall not be considered 
complete until the supplemental report is filed or the blank returned 
with the statement “died unnamed.” (C.L. 1913.) 
Section 449. Physicians, Midwives and Undertakers to be Regis- 
tered. Every physician, midwife and undertaker shall, without de- 
lay, register his or her name, address and occupation with the local 
registrar of the district in which he or she resides, or may hereafter 
establish a residence, and shall thereupon be supplied by the local 
registrar with a copy of this article, together with such rules and 
regulations as may be prepared by the state registrar relative to 
its enforcement. Within thirty days after the close of each calendar 
year each local registrar shall make a return to the state registrar 
of all physicians and midwives who have registered in this district 
during the whole or any part of the preceding calendar year, and in 
certifying names for payment of certificates of birth filed, the state 
registrar shall not include any physicians or midwives who have 
not complied with the requirements of this section; provided, that 
no fee or other compensation shall be charged by local registrar to 
physicians, midwives or undertakers for registering their names 
under this section, or making returns thereof to the state registrar. 
(C.L. 1913.) 
Section 450. Hospitals to Keep Record. All superintendents or 
managers or other persons in charge of hospitals, lying-in or other 
institutions, public or private, to which persons resort for treat- 
ment of disease, confinement or are committed by process of law, 
are hereby required to make a record of all the personal and statis- 
tical particulars relative to the inmates in their institutions at the 
date of approval of this act, (article) that are required in the form of 32 
STATE OF NORTH DAKOTA 
certificate herein provided for, as directed by the state registrar, 
and thereafter such record shall be made by them for all future 
inmates at the time of admission, and in case of persons admitted or 
committed for medical treatment of disease the physician in charge 
shall specify for entry in the record, the nature of the disease, and 
where, in his opinion, it was contracted. The personal particulars 
and information required by this section shall be obtained from the 
individual himself, if it is practicable to do so, and when they can- 
not be so obtained, they shall be secured in as complete a manner 
as possible from the relatives, friends or other persons acquainted 
with the facts. (C.L. 1913.) 
Section 451. Blanks and Forms Furnished by State Registrar. 
The state registrar shall prepare, print and supply to all registrars 
all blanks and forms used in registering, recording and preserving 
the returns, or in otherwise carrying out the purposes of this article, 
and shall prepare and issue such detailed instructions as may be 
required to secure the uniform observance of its provisions and the 
maintenance of a perfect system of registration, and no other blanks 
shall be used than those supplied by the state registrar. He shall 
carefully examine the certificates received monthly from the local 
registrars, and if any such are incomplete or unsatisfactory, he shall 
require such further information to be furnished as may be necessary 
to make the record complete and satisfactory, and all physicians, 
midwives, informants or undertakers connected with any case, and 
all other persons having knowledge of the facts are hereby required 
to furnish such information as they may possess regarding any birth 
or death, upon demand of the state registrar, in person, by mail, or 
through the local registrar. He shall further arrange, bind and per- 
manently preserve the certificates in a systematic manner, and shall 
prepare and maintain a comprehensive and continuous card index 
of all births and deaths registered, the card to show the name of 
child or deceased, place and date of birth or death, number of cer- 
tificate, and the volume in which it is contained. He shall inform 
all registrars what diseases are to be considered as infectious, con- 
tagious, or communicable and dangerous to the public health, as 
decided by the state department of health, in order that when deaths 
occur from such diseases proper precautions may be taken to pre- 
vent the spreading of dangerous diseases. (C.L. 1913.) 
Section 452. Local Registrars to Correct Returns. It shall be 
the duty of the local registrar to supply blank forms of certificates 
to such persons as require them, and he shall carefully examine 
each certificate of birth or death when presented for record to see 
that it has been made out in accordance with the provisions of this 
article and the instructions of the state registrar, and if any cer- 
tificate of death is incomplete or unsatisfactory it shall be his duty 
to call attention to the defects in the return and to withhold issuing 
the burial or removal permit until they are corrected. If the cer- 
tificate of death is properly executed and complete, he shall then PUBLIC HEALTH LAWS 
33 
issue a burial or removal permit to the undertaker; provided, that 
in case the death occurred from some disease that is held by the 
state department of health to be infectious, contagious or communi- 
cable and dangerous to the public health, no permit for removal or 
other disposition of the body shall be granted by the registrar ex- 
cept under such conditions as may be prescribed by the state and 
local boards of health. If a certificate of birth is incomplete he shall 
immediately notify the informant and require him to supply the 
missing items if they can be obtained. He shall then number con- 
secutively the certificates of birth and of death in two separate 
series, beginning with “number one” for the first birth, and the first 
death in each calendar year, and sign his name as registrar in at- 
test of the date of filing in his office. He shall also make a com- 
plete and accurate copy of each birth and death certificate regis- 
tered by him, upon a form identical with the original certificate, to 
be filed and permanently preserved in his office as the local record 
of such death, in such manner as directed by the state registrar, 
and he shall on the fifth day of each month, transmit to the state 
registrar all original certificates registered by him during the pre- 
ceding months, and if no births and no deaths occur in any month 
he shall, on the fifth day of the following month, report that fact 
to the state registrar in such manner as the state registrar shall 
direct. (C.L. 1913.) 
Section 453. Fees of Registrars. Each local registrar shall be 
entitled to be paid the sum of twenty-five cents for each birth and 
each death certificate properly and completely made out and regis- 
tered with him, and correctly copied and duly returned by him to 
the state registrar, as required by this act; provided, that in cities 
in which the city clerk or health officer, acting as registrar, receives 
a fixed salary of $100.00 per month or more in lieu of fees, no fur- 
ther compensation shall be paid for the duties required by this act. 
In case no births or no deaths were registered during any month, the 
local registrar shall be entitled to be paid the sum of twenty-five 
cents for each report to that effect promptly made in accordance 
with the directions of the state registrar. All amounts payable to 
registrars under provisions of this section shall be paid by the county 
in which the registration districts are located upon certification by 
the state registrar, and the state registrar shall annually certify to 
the auditors of the several counties the number of births and deaths 
registered with the names of local registrars and the amounts due 
each at the rates fixed herein. (1925 Supp.) 
Section 454. Certified Copies of Record of Births or Deaths, 
Fees for. The state registrar shall, upon request, furnish any appli- 
cant a certified copy of the record of any birth or death registered 
under the provisions of this article, for the making and certifica- 
tion of which he shall be entitled to a fee of fifty cents to be paid 
by the applicant, and any such copy of the record of a birth or death, 
when properly certified by the state registrar to be a true copy 34 
STATE OF NORTH DAKOTA 
thereof, shall be prima facie evidence in all courts and places of 
the facts therein stated. For any search of the files and records, 
when no certified copy is made, the state registrar shall be entitled 
to a fee of fifty cents for each hour or fractional hour of time of 
search, to be paid by the applicant, and the state registrar shall keep 
a true and correct account of all fees by him received under these 
provisions, and turn the same over to the state treasurer. (C.L. 
1913.) 
Section 455. Penalty for Failure to Comply With Law: If any 
physician who was in medical attendance upon any deceased per- 
son at the time of death shall neglect or refuse to make out and 
deliver to the undertaker, sexton, or other person in charge of inter- 
ment, removal, or other disposition of the body, upon request, the 
medical certificate of cause of death hereinbefore provided for, he 
shall be deemed guilty of a misdemeanor, and, upon conviction there- 
of, shall be fined not less than five dollars nor more than fifty dollars, 
and if any physician shall willfully or knowingly make a false certifi- 
cation of the cause of death in any case, he shall be deemed guilty 
of a misdemeanor and upon conviction thereof, shall be fined not 
less than fifty dollars and not more than two hundred dollars, and 
any physician or midwife in attendance upon a case of confinement, 
or any other person charged with responsibility for reporting births, 
in the order named in section 446 of this article, who shall neglect 
or refuse to file a proper certificate of birth with the local registrar 
within the time required by this act, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be fined not less 
than five dollars nor more than fifty dollars. If any undertaker, 
sexton or other person acting as undertaker shall inter, remove or 
otherwise dispose of the body of any deceased person without having 
received a burial or removal permit as herein provided, he shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof shall 
be fined not less than twenty dollars nor more than one hundred 
dollars. Any registrar, deputy registrar, or sub-registrar who shall 
neglect or fail to enforce the provisions of this article in his district 
or shall neglect or refuse to perform any of the duties imposed upon 
him by this article, or by the instructions and directions of the state 
registrar, shall be deemed guilty of a misdemeanor, and, upon con- 
viction thereof, shall be fined not less than ten dollars nor more 
than one hundred dollars. Any person who shall wilfully alter any 
certificate of birth or death, or the copy of any certificate of birth 
or death, on file in the office of the local registrar, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
not less than ten dollars nor more than one hundred dollars, or be 
imprisoned in the county jail not exceeding sixty days, or suffer 
both fine and imprisonment in the discretion of the court. Any 
other person or persons who shall violate any of the provisions of 
this article, or shall wilfully neglect or refuse to perform any duties 
imposed upon them by the provisions of this article, shall be deemed PUBLIC HEALTH LAWS 
35 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
not less than five dollars nor more than one hundred dollars. Any 
transportation company or common carrier transporting or carrying, 
or accepting through its agents or employees for transportation or 
carriage, the body of any deceased person without an accompanying 
permit, issued in accordance with the provisions of this article shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be 
fined not less than fifty dollars, nor more than two hundred dollars; 
provided, that in case the death occurred outside the state and the 
body is accompanied by a certificate of death, burial or removal or 
transit permit, issued in accordance with the law or board of health 
regulations in force where the death occurred, such death certificate, 
burial, or removal, or transit permit may be held to authorize the 
transportation or carriage of the body into or through the state. 
(C.L. 1913.) 
Section 456. Enforcement of Law, Who Charged With. Local 
registrars are hereby charged with strict and thorough enforcement 
of the provisions of this article in their districts, under the provision 
and directions of the state registrar. They shall make immediate 
report to the state registrar of any violation of this law coming to 
their notice by observation or upon complaint of any person, or 
otherwise. The state registrar is hereby charged with the thorough 
and efficient execution of the provisions of this article in every 
part of the state, and with supervisory powers over local registrars 
to the end that all of these requirements shall be uniformly com- 
plied with. He shall have authority to investigate cases of irregu- 
larity or violation of law, personally or by accredited representative, 
and all registrars shall aid him, upon request, in such investigation. 
When he shall deem it necessary, he shall report cases of violation 
of any of the provisions of this article to the prosecuting attorney 
or official of the proper county or municipality, with a statement 
of the facts and circumstances, and when any such case is reported 
to them by the state registrar, all prosecuting attorneys, or officials 
acting in such capacity, shall forthwith initiate and promptly follow 
up the necessary court proceedings against the parties responsible 
for the alleged violations of law, and upon request of the state regis- 
trar the attorney general shall likewise assist in the enforcement of 
the provisions of this article. (C.L. 1913.) 
Section 457. County Auditor to Furnish Names of Township 
Clerks. It is hereby made the duty of each county auditor to fur- 
nish, after each township election, the name of the clerk of each 
organized civil township within his county, with his postoffice ad- 
dress, to the state registrar of vital statistics; and any auditor who 
shall wilfully neglect or refuse to furnish such named shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, shall 
be fined not less than ten dollars nor more than fifty dollars. (C.L. 
1913.) 36 
STATE OF NORTH DAKOTA 
Section 437 Sal. Registration of Marriages. In addition to being 
recorded in the office of the judge of the county court, all marriages 
hereafter occurring within the state shall be registered with the state 
registrar of vital statistics at the state capitol as hereinafter pro- 
vided. (1925 Supp.) 
Section 4378a2. Transmitting License and Certificate to Registrar 
of Vital Statistics. The judge of the county court as soon as he has 
recorded a marriage license by him issued and the certificate of the 
person performing the marriage ceremony thereunder, shall trans- 
mit such license together with such certificate to the registrar of vital 
statistics at the state capitol. (1925 Supp.) 
Section 4378a3. Recording Licenses and Certificates; Index; Ac- 
count of Fees Received. As soon as received by him the state regis- 
trar shall record all marriage licenses together with the certificate 
of the person performing the marriage ceremony thereunder in a 
book of records in his office kept for that purpose, and as soon as the 
same has been recorded he shall return said license and certificate 
to the county judge. He shall index all records by him kept and 
when applied to shall issue a certified copy of the same which shall 
be prima facie evidence in all courts and places of the facts stated 
therein, and for which he shall receive a fee of $1.00. He shall 
keep an accurate account of all fees received and turn the same 
over to the state treasurer not later than the 15th of each month. 
The fees thus collected and turned over to the state treasurer shall 
be credited to the general fund. (Laws of 1931, Chapter 180.) 
RECORDS OF ILLEGITIMATE AND ADOPTED CHILDREN 
Chapter 109, 1939 Session, An Act relating to Vital Statistics 
Records of Illegitimate Children, and to provide for the making of a 
New Certificate for a child Legitimatized by Marriage of Parents 
and for a child Legitimatized by Adoption. 
Section 1. All records of illegitimate children are to be kept 
in a separate file and not subject to public inspection and no copies 
shall be issued except to the child, or the mother of the child, or to 
the legal guardian or guardians of the child, or on order of a court of 
competent jurisdiction. Whenever it is alleged that the facts are not 
correctly stated in a certificate of an illegitimate child, the State 
Registrar shall require satisfactory evidence to be presented in the 
form of affidavits or otherwise as may be necessary to establish 
the alleged facts and upon the furnishing of such evidence it shall 
be attached to the certificate on file. 
Section 2. A new certificate of birth shall be made whenever 
the State Registrar receives proof satisfactory to him: 
(a) That the previously unwed parents of a person have 
intermarried subsequently to the birth of such persons; or PUBLIC HEALTH LAWS 
37 
(b) That a court of competent jurisdiction has entered a 
judgment, order or a decree relating to the parentage or adoption 
of a person. 
Such new certificate for any person shall be in the form pre- 
scribed by the State Registrar, subject to the approval of the State 
Department of Health, and shall be prepared on the following basis; 
Such person shall be treated as having had at birth the status sub- 
sequently acquired or established and of which proof is submitted. 
Where such person is illegitimate and paternity has been estab- 
lished by legal proceedings the name of the father shall be inserted; 
Where such person has been adopted the name of the child shall 
be fixed by the decree of adoption and the foster parents shall be 
recorded as the parents of such child. 
Section 3. When a new certificate of birth is made the State 
Registrar shall substitute the new certificate of birth for that then 
on file, if any. The State Registrar shall place the original certifi- 
cate of birth and all papers pertaining to the new certificate of 
birth under seal. Such seal shall not be broken except on order of 
a court of competent jurisdiction. Thereafter when a certified copy 
of the certificate of birth of such person is issued, it shall be a copy 
of the new certificate of birth, except when an order of a court of 
competent jurisdiction shall require the issuance of a copy of the 
original certificate of birth. 
Section 4. It shall be the duty of the clerks of the several 
courts of this state to transmit to the State Registrar upon forms 
to be supplied by him a report of each decree of adoption or ad- 
judication of paternity, and a report of the revocation of any such 
decree. 
Section 5. Upon receipt of a certified copy of the annulment of 
an adoption, the State Registrar shall restore the original certificate 
of birth. (Laws of 1939, Chapter 109.) 
SCHOOL HEALTH LAWS 
Section 1346. Health Inspection of Pupils in Public Schools. 
Upon being petitioned in writing by a majority of the school direc- 
tors of the county the board of county commissioners may, in its 
discretion, employ one or more licensed physicians or graduate nurses 
duly registered and licensed to practice nursing under the laws of 
this state, whose duty it shall be to visit the schools in the county 
and to examine and inspect the pupils attending said schools. 
The school board or board of education of any school corporation 
in the state may, in its discretion, when petitioned by a majority of 
the persons having children attending the schools of the district, 
employ one or more licensed physicians or graduate nurses duly 
registered and licensed to practice nursing in this state. (Laws of 
1933, Chapter 230.) 38 
State of north Dakota 
Section 1134, Report Delinquent Teachers, When. He (county 
superintendent of schools) shall see to it that the pupils are instruct- 
ed in the several branches of study required by law to be taught in 
the schools, as far as they are qualified to pursue them. If any 
teacher neglects or refuses to give instruction as required by law 
in physiology and hygiene and the nature and effect of alcoholic 
drinks and other narcotics, the county superintendent shall promptly 
notify the superintendent of public instruction. (C.L. 1913.) 
Section 1383. Branches to be Taught. Each teacher in the com- 
mon schools shall teach pupils as they are sufficiently advanced to 
pursue the same, the following branches: Orthography, reading, writ- 
ing, arithmetic, language lessons, English grammar, geography, and 
lessons in nature study and elements of agriculture, United States 
history, civil government, physiology and hygiene, giving special and 
thorough instruction concerning the nature of alcoholic drinks and 
narcotics, and their effect upon the human system. There shall also 
be taught in every school in connection with physiology and hygiene 
simple lessons in the nature treatment and prevention of tubercu- 
losis and other contagious and infectious diseases. All pupils in the 
above mentioned schools below the high school and above the third 
year of school work computing from the beginning of the lowest pri- 
mary year, shall receive instructions in hygiene every year from 
text books adapted to grade in the hands of pupils for not less than 
four lessons per week for ten weeks of each school year. In all 
schools above mentioned, all pupils in the (three) lowest primary 
school years, shall be instructed orally in hygiene for not less than 
three lessons per week for ten weeks of each school year by teachers 
using text books adapted to grade for such instruction as a guide or 
standard. Each teacher in schools in special districts and in the cities 
organized for school purposes under special law shall conform to 
and be governed by the provisions of this section. (C.L. 1913.) 
Section 1390. Physical Education. Physical education, which 
shall aim to develop and discipline the body and promote health 
through systematic exercise, shall be included in the branches of 
study required by law to be taught in the common schools, and 
shall be introduced and taught as a regular branch to all pupils in 
all departments of the public schools of the state and in all educa- 
tional institutions supported wholly or in part by money from the 
state. It shall be the duty of all boards of education and boards of 
educational institutions receiving money from the state, to make pro- 
visions for daily instruction in all the schools and institutions under 
their respective jurisdiction, and to adopt such method or methods 
as will adapt progressive physical exercise to the development, health 
and discipline of the pupils in the various grades and classes of 
schools and institutions receiving aid from the state. (C.L. 1913.) 
Section 1403, Health and Decency. It shall be the duty of all 
boards of education and school boards in this state to provide suit- 
able and convenient water closets or privies for each of the schools PUBLIC HEALTH LAWS 
39 
under their charge, at least two in number, which shall be entirely 
separate, each from the other, and having separate means of access; 
and it shall be the duty of the school officers aforesaid to keep the 
same in a clean, chaste and wholesome condition; and a failure to 
comply with the provisions of this article on the part of any board 
of education or school board, shall be sufficient grounds for re- 
moval from office and for withholding from any district any part 
of the county tuition fund. (C.L. 1913.) 
PROHIBITING PUBLIC DRINKING CUPS 
Section 2952. Use of Public Drinking: Cups Prohibited, Where. 
The use of public drinking cups on railroad trains, in railroad sta- 
tions, in the public, parochial or private schools and other educa- 
tional institutions and other public buildings of the state of North 
Dakota is hereby prohibited from and after September first, 1913. 
(C.L. 1913.) 
Section 2953. Drinking Cups for Public Use Not to be Furnished. 
No person or corporation in charge of any railroad train or station, 
no school board, board of education, town board of school directors 
or board of trustees of any public, parochial or private school or 
educational institutions and other public buildings shall furnish any 
drinking cups for public use, and no person or corporation shall per- 
mit upon said railroad trains or in station, or at any said public, 
parochial or private school or educational institution the common use 
of drinking cups. (C.L. 1913.) 
For State Department of Health Regulations concerning schools 
see Regulations 31, 42, 43, 44, 45, 46, 47, 48 and 68. 
MANUFACTURE AND SALE OF DAIRY PRODUCTS 
Section 2860. City Council Provide for Inspection of Milk and 
Dairy Herds. The council of any city or incorporated town may by 
ordinance provide for the inspection of milk and of dairies and dairy 
herds kept for the production of milk within its limits, and issue 
licenses for the sale of milk within its limits, and regulate the same, 
and may authorize and empower the board of health to enforce all 
laws and ordinances relating to the production and sale of milk and 
the inspection of dairies and dairy herds producing milk for sale 
within such city. (1925 Supp.) 
For State Department of Health Regulations concerning milk 
sanitation see Regulation 71. 
Section 2954a. Certificate of Health to Butcher. Every person 
who handles meats in a butcher shop or meat market where meats 
are sold to the public, shall file with the executive officer of the 
board of health a certificate from a physician licensed to practice 
medicine in this state, to the effect that he has examined such per- 
BUTCHERS; CERTIFICATE OF HEALTH 40 
STATE OF NORTH DAKOTA 
son and found him to be free from any infection, contagious, or 
loathsome disease. Every such person must be examined at least 
once in each year. (1925 Supp.) 
SANITATION OF BARBER SHOPS 
Section 2955. Barbers’ Tools Disinfected. Registered barbers or 
barber apprentices, and all persons engaged in hair dressing or mani- 
curing, must disinfect all tools used in the performance of their 
profession before they are brought in direct contact with the person 
of any one of their customers. This disinfection must be carried on in 
a manner approved by the State Department of Health of the State 
of North Dakota. (C.L. 1913.) 
Section 2956, Violation of This Act, How Punished. Any viola- 
tion of this act shall be punished by a fine of not less than twenty- 
five dollars nor more than two hundred. (C.L. 1913.) 
DISINFECTION OF PUBLIC VEHICLES 
Section 2957. Vehicles to be Disinfected, When. It shall be 
unlawful for any person, firm, corporation or association engaged in 
the business of transporting passengers in or through this state in any 
car, coach or boat for the purpose of carrying or transporting passen- 
gers therein unless such car, coach or boat shall have been adequately 
disinfected according to modern scientific rules for the prevention of 
the spread of contagious diseases not more than thirty days from the 
date of the use of such car, coach or boat in this state. (C.L. 1913.) 
Section 2958. Duty of Carrier. It shall be the duty of every such 
person, firm, corporation or association to keep posted in each and 
every car, coach or boat used in this state for the transportation of 
passengers for hire a printed placard and notice which shall contain 
and show the time and place when such car, coach or boat was last 
disinfected. (C.L. 1913.) 
Section 2959. Penalty. Any violation of this article shall con- 
stitute a misdemeanor and subject the offending person, firm, cor- 
poration or association to not more than one hundred dollars for 
each violation thereof. (C.L. 1913.) 
DISINFECTION OF SECOND HAND GOODS 
Section 2960. Dealers in Second-hand Household Goods to Dis- 
infect Same. It shall be the duty of every person, firm or corpora- 
tion dealing in second-hand furniture, before selling or exchanging, 
or offering for sale or exchange, or intending to sell or offer for 
sale or exchange to the public in this state, second-hand furniture, 
bed clothes, wearing apparel or any articles, including kitchen 
equipments and utensils of every description ordinarily used in fur- 
nishing, equipping or decorating a home, to disinfect thoroughly each 
and every such article before the same shall be sold or exchanged, or 
offered for sale or exchange, or in any manner disposed of, in a 
manner approved or prescribed by the state department of health, PUBLIC HEALTH LAWS 
41 
and it shall be the duty of said department to prescribe the rules 
and regulations necessary to secure proper disinfection, as contem- 
plated in this article, and such other rules relative to the working 
or tagging of disinfected articles, as in the judgment of said depart- 
ment may be necessary to the proper safeguard of the public from 
contagious infection. (C.L. 1913.) 
Section 2961. Penalty. Any persons violating any of the pro- 
visions of this article in selling or offering for sale or exchange any 
article or articles of furniture without first having disinfected the 
same as required herein shall be guilty of a misdemeanor, and shall 
be fined in a sum not less than twenty-five dollars and not more 
than one hundred dollars, or be imprisoned in the county jail for 
not less than thirty days nor more than ninety days, in the discre- 
tion of the court. (C.L. 1913.) 
VENEREAL DISEASES 
Section 2971bl. Exposure to, Unlawful. Syphilis, gonorrhea and 
chancroid hereinafter designated as venereal diseases are hereby 
declared to be contagious, infectious, communicable and dangerous 
to the public health. It shall be unlawful for anyone infected with 
these diseases or any of them to expose another person to infection. 
(1925 Supp.) 
Section 297 lb2. Report by Physician Diagnosing. Any physician 
or other person who makes a diagnosis in or treats a case of venereal 
disease, and any superintendent or manager of a hospital, dispensary, 
or charitable or penal institution in which there is a case of venereal 
disease, shall make a report of such case to the health authorities 
according to such form and manner as the state department of health 
shall direct. (1925 Supp.) 
Section 297lb3. Requiring Treatment; Investigation of Sources 
of Infection. State, county and municipal health officers, or their 
authorized deputies, within their respective jurisdictions are hereby 
directed and empowered, when in their judgment it is necessary to 
protect the public health, to make examinations of persons reason- 
ably suspected of being infected with venereal disease, and to detain 
such persons until the results of such examinations are known, to 
require persons infected with venereal disease to report for treat- 
ment to a reputable physician and continue treatment until cured 
or to submit to treatment provided at public expense until cured, 
and also, when in their judgment it is necessary to protect the pub- 
lic health, to isolate or quarantine persons infected with venereal 
disease. It shall be the duty of all local and state health officers 
to investigate sources of infection of venereal disease, to cooperate 
with the proper officials whose duty it is to enforce laws directed 
against prostitution and otherwise to use every proper means for 
the repression of prostitution. (1925 Supp.) 42 
STATE OF NORTH DAKOTA 
Section 2971b4. Examination for; Treatment. All persons con- 
victed of a crime or held in quarantine, under the provisions of 
this act, who shall be confined or imprisoned in any state, county or 
city prison in the state shall be examined for and if infected, treated 
for venereal diseases by the health authorities or their deputies. 
The prison authorities of any state, county or city prison are directed 
to make available to the health authorities such portion of any 
state, county or city prison as may be necessary for a clinic or 
hospital wherein all persons who may be confined or imprisoned in 
any such prison and who are infected with venereal disease, and 
all such persons who are suffering with venereal disease at the time 
of the expiration of their terms of imprisonment, and, in case no 
other suitable place for isolation or quarantine is available, such 
other persons as may be isolated or quarantined under the provi- 
sions of section 3, shall be isolated and treated at public expense 
until cured, or, in lieu of such isolation any of such persons may, in 
the discretion of the board of health, be required to report for treat- 
ment to a licensed physician, or submit to treatment provided at 
public expense as provided in section 3. Nothing herein contained 
shall be construed to interfere with the service of any sentence 
imposed by a court as a punishment for the commission of crime. 
(1925 Supp.) 
Section 2971b5. Rules and Regulations. The state department 
of health is hereby empowered and directed to make such rules and 
regulations as shall in its judgment be necessary for the carrying 
out of the provisions of this act, including rules and regulations pro- 
viding for the control and treatment of persons isolated or quaran- 
tined under the provisions of section 3, and such other rules and 
regulations, not in conflict with the provisions of this act, concerning 
the control of venereal diseases, and concerning the care, treatment 
and quarantine of persons infected therewith, as it may from time 
to time deem advisable. All such rules and regulations so made shall 
be of force and binding upon all county and municipal health offi- 
cers and other persons affected by this act, and shall have the force 
and effect of law. (1925 Supp.) 
Section 2971b6. Violations; Penalties. Any person who shall 
violate any of the provisions of this act or any lawful rule or regula- 
tion made by the state department of health pursuant to the auth- 
ority herein granted, or who shall fail or refuse to obey any law- 
ful order issued by any state, county, or municipal health officer, 
pursuant to the authority granted in this act, shall be deemed guilty 
of a misdemeanor, and shall be punished by a fine of not more than 
$1,000 or by imprisonment for not more than one year or by both 
such fine and imprisonment. (1925 Supp.) 
PREVENTING INFANT BLINDNESS 
Section 3168. Preventing Infant Blindness. Duty of Physician, 
Midwife or other Attendant. That whenever a child is born, the PUBLIC HEALTH LAWS 
43 
physician, midwife or any other person who is present and engaged 
as professional attendant, shall report said birth on a blank supplied 
by the state department of health to the health officer having juris- 
diction, within thirty-six hours after such birth occurs. Said birth 
certificate in addition to other data ordered by the state depart- 
ment of health shall have upon it this question: “Were precautions 
taken against ophthalmia neonatorum?” And it shall be a violation 
of this act for any physician or midwife in professional attendance 
at a birth to fail to report same as herein commanded or to omit 
answering the said question, “Were precautions taken against oph- 
thalmia neonatorum?” All bills or charges for professional services 
rendered at a birth shall be unlawful if report is not made as herein 
commanded. (C.L. 1913.) 
Section 3169. Same. It shall be the duty of all physicians or 
midwives in professional attendance upon a birth to always care- 
fully examine the eyes of the infant, and if there is the least reason 
for suspecting of disease of the eyes then said physician or midwife 
in professional attendance shall apply such prophylactic treatment 
as may be recognized as efficient in medical science. (C.L. 1913.) 
Section 3170. Same. Exception. Should one or both eyes of an 
infant become inflamed, swollen or reddened, or show any unnatural 
discharge of secretion at any time within two weeks after its birth, 
and no legally qualified physician is in attendance upon the infant at 
that time, it shall be the duty of its parents, or in their absence, 
whoever is caring for said infant to report the fact in writing within 
six hours after discovery, to the health officer having jurisdiction. 
Provided, said report to said health officer need not be made from 
recognized hospitals. (C.L. 1913.) 
Section 3171. Duty of Health Officer. Upon receipt of a report 
as set forth in section 3170, health officers shall direct the parents 
or whoever has charge of such infant suffering from such inflamma- 
tion, swelling, redness or unnatural secretion or discharge of the 
eyes, to immediately place it in charge of a legally qualified physi- 
cian or in charge of the city or township physician if unable to pay 
for medical services. (C.L. 1913.) 
Section 3172, Penalty. Any violation of the provisions of this 
act shall be punished by a fine of not less than ten dollars nor more 
than fifty dollars. (C.L. 1913.) 
REGULATING MARRIAGES 
Section 4373. Persons Prohibited From Marrying. No woman 
under the age of forty-five years, or man of any age, except he 
marry a woman over the age of forty-five years, either of whom is a 
common drunkard, habitual criminal, epileptic, imbecile, feeble 
minded person, idiot or insane person, or person who has theretofore 
been afflicted with hereditary insanity, or is afflicted with pulmon- 
ary tuberculosis in its advanced stages, or any contagious venereal 44 
STATE OF NORTH DAKOTA 
disease, shall hereafter intermarry or marry any other person within 
this state. (C.L. 1913.) 
Section 4374, Performance of Marriage Ceremony Between Cer- 
tain Persons Prohibited. No clergyman or other officer authorized 
by law to solemnize marriages within this state shall hereafter per- 
form a marriage ceremony uniting persons in matrimony, either of 
whom is an epileptic, imbecile, feeble minded person, common drunk- 
ard, insane person, habitual criminal or person afflicted with pul- 
monary tuberculosis in its advanced stages, or any contagious vener- 
eal disease, unless the female party to such marriage is over the age 
of forty-five years. (C.L. 1913.) 
Section 4375. Affidavits to Obtain Marriage License. The county 
judge, before a marriage license is issued, shall require each applicant 
therefor to file in his office upon blanks to be provided by the 
county for that purpose, an affidavit of at least one duly licensed 
physician other than the person seeking the license, showing that 
the contracting parties are not feeble minded, imbeciles, epileptics, 
insane persons, common drunkards, or persons afflicted with 
pulmonary tuberculosis in its advanced stages, provided that in 
addition, the affidavit as to the male contracting party shall show 
that such male is not afflicted with any contagious venereal disease. 
He shall also require an affidavit of some disinterested, credible 
person, showing that said persons are not habitual criminals; the 
female is over the age of eighteen years and the male is over the 
age of twenty-one years, unless the consent in writing is obtained 
of the father, mother or other guardian of the person for whom 
the license is required in cases where the female is under the age 
of eighteen years and the male is under the age of twenty-one years, 
provided, that no consent shall be given, nor license issued, unless 
such female be over the age of fifteen years. Said affidavit may 
be subscribed and sworn to before any person authorized to ad- 
minister oaths. 
Any one knowingly swearing falsely to the statements contained 
in the affidavit mentioned in this article shall be deemed guilty of 
perjury and punished as provided by the laws of the state of North 
Dakota. (C. L. 1913.) 
Section 4376. License or Marriage of Intoxicated Persons Pro- 
hibited. A license to marry shall not be issued to one under the 
influence of intoxicating liquor at the time of making application 
for license, and no marriage ceremony shall be performed when 
either or both of the contracting parties are under the influence of 
intoxicating liquor or any narcotic drug. (C.L. 1913.) 
Section 4377. Physician’s Fee for Examination and Affidavit 
For making an examination of either of the contracting parties to a 
marriage, and the affidavit required in this act, a physician may 
charge a fee of not to exceed two dollars. (C.L. 1913.) 
Section 4378. Penalty for Violation of Foregoing Provisions. 
Any person violating any of the provisions of this article, or any PUBLIC HEALTH LAWS 
45 
person knowingly swearing falsely to any of the statements contained 
in the affidavits mentioned in this act, shall be punished by a fine 
of not less than fifty dollars or more than five hundred dollars, or 
by imprisonment in the county jail not over thirty days or by both 
such fine and imprisonment. (C.L. 1913.) 
Note: For laws on registration of marriages see Sections 4378al 
to 4378a3 under Vital Statistics laws, page 36. 
SEROLOGICAL TEST FOR SYPHILIS REQUIRED 
Chapter 162, 1939 Session, An Act Providing for Serological Test, 
for Syphilis for all Persons Applying for Marriage Licenses; Pro- 
hibiting Marriage of Any Person Afflicted with Syphilis in Com- 
municable Form; Providing for Proofs of Serological Test to be 
Required by and Submitted to County Judges Before the Issuance 
of a Marriage License; Repealing Acts and Parts of Acts Inconsistent 
with or in Conflict Herewith; Making an Appropriation for the 
State Health Department to Enable it to Comply with the Pro- 
visions Hereof. 
Section 1. It shall be necessary for all persons intending to be 
married to obtain a marriage license from the county judge of the 
proper county as may be provided by law, and to deliver said license, 
within sixty (60) days from the date of issue, to the clergyman or 
other qualified person who is to officiate before the marriage can 
be performed. 
Section 2. Before any person, authorized by law to issue mar- 
riage licenses, shall accept an application for any such license each 
applicant therefor shall file with him a certificate from a duly 
licensed physician and surgeon stating that such applicant has been 
given such examination, including a standard serological test, as 
may be necessary for the discovery of syphilis, made not more than 
thirty (30) days prior to the date of such application, and that, in 
the opinion of such physician and surgeon, the person therein named 
either is not infected with syphilis, or, if so infected, is not in a state 
of that disease which is or may become communicable to the marital 
partner; and no license shall be granted if either party is afflicted 
with syphilis in a communicable form, and no person who is so 
afflicted is to be entitled to marry. 
Section 3. Because of an emergency or other cause shown by 
affidavit or other proof, a judge of the district court, if satisfied 
by medical and/or other testimony that neither the health of the 
individuals nor the public health and welfare will be injuriously 
affected thereby, may make an order, on joint application of both of 
the parties desiring the marriage license, dispensing with those re- 
quirements of Sections 2 and 4 hereof, which relate to the filing with 
the licensing authority by either or both of the parties of the afore- 
said certificates and the laboratory statements, or, the said certifi- 
cates and statements having been filed, extending the thirty (30) 46 
STATE OF NORTH DAKOTA 
day period following the examination and test, to not more than 
ninety (90) days after such examination and test. The order shall 
be accompanied by a memorandum in writing from the judge, re- 
citing his reasons for granting the order. Application for such 
extension may be made before, on or after the expiration of such 
thirty (30) day period. The order and the accompanying memoran- 
dum shall be filed with the county judge and the latter shall there- 
upon accept the application for the marriage license without the 
production or filing of the aforesaid certificates and the laboratory 
statements dispensed with by the order, or shall accept the applica- 
tion within any such extended period, as the case may be. The 
licensing authority and his clerks and employees shall hold such 
memorandum of the judge in absolute confidence. 
Section 4. Each such statement of a physician and surgeon made 
as aforesaid shall be accompanied by a statement from the person 
in charge of the laboratory making the test, or from some other per- 
son authorized to make such statement, setting forth the name of the 
test, the date it was completed and the name and address of the 
person whose blood was tested, but not stating the result of the test. 
The physician’s statement and the laboratory statement shall be on 
the same form sheet. Upon a separate form a detailed report of the 
laboratory test, showing the result of the test, shall be transmitted 
by the laboratory to the physician and surgeon who, after examining 
it and if he deems it desirable, discussing it with either or both the 
proposed marital partners, shall file it with the state health officer, 
where it shall be held in absolute confidence and shall not be open 
to public inspection; provided that it shall be produced for evidence 
at a trial or proceeding in a court of competent jurisdiction, involving 
issues in which it may be material and relevant, on an order of a 
justice or a judge of such court requiring its production. 
Section 5. A standard serological test shall be a laboratory test 
for syphilis approved by the state health officer and shall be per- 
formed by the state department of health, on request for a fee of 
not to exceed fifty cents, to be collected by the county judge and 
by him paid into the State treasury. 
Section 6. Nothing in this Act shall impair or affect existing 
laws, rules, regulations or codes made by authority of law, relative 
to the reporting by physicians and others of cases of syphilis dis- 
covered by them. 
Section 7. Marriage licenses shall be issued to all applicants who 
have complied with the provisions of this Act and all other Acts not 
in conflict herewith, and who are otherwise entitled under the laws 
of North Dakota to apply therefor and to contract matrimony. 
Every such license, when issued, shall have endorsed thereon or 
annexed thereto at the end thereof, a statement, subscribed by the 
person issuing the license, that the application for the license was 
accompanied by papers complying with the applicable requirements PUBLIC HEALTH LAWS 
47 
of Sections 2 and 4 of this Act relative to examination and health of 
the parties or, if such compliance was dispensed with, wholly or 
partly, by order of a judge, a statement to that effect. 
The license issued, including the above statement and the certi- 
ficate duly signed by the person who shall have solemnized the 
marriage therein authorized, shall be returned by him to the county 
judge who issued the same within five (5) days succeeding the 
date of the solemnizing of the marriage therein authorized, and any 
person or persons who shall wilfully neglect to make such return 
within the time above required shall be deemed guilty of a misde- 
meanor and upon conviction thereof shall be punished by a fine of 
not less than Ten Dollars ($10.00) or more than Fifty Dollars ($50.00) 
for each and every offense, or by imprisonment in the county jail 
not exceeding thirty (30) days, or by both such fine and imprison- 
ment. 
Section. 8. Any applicant for a marriage license, any physician 
or surgeon or any representative of a laboratory who shall misrep- 
resent any of the facts called for by the physician’s statement and 
the laboratory report or statement, or any licensing officer who 
shall accept an application for a license without the accompanying 
physician’s and surgeons’ statement and laboratory report, as re- 
quired in Sections 2 and 4 hereof, unless the same shall have been 
dispensed with by judicial order as provided in Section 3 or who 
shall have reason to believe that any of the facts contained in said 
statement or report have been misrepresented and shall nevertheless 
issue a marriage license, or any health officer or his employee who 
shall not hold the laboratory record confidential, except as pro- 
vided in Section 4 hereof with respect to its production for evidence 
on order of a judge, or any officer, clerk or employee of the office 
issuing the license who shall not hold in strictest confidence the 
statement filed with him as to the reasons for granting a judicial 
order, as provided under Section 3 hereof, shall be guilty of a mis- 
demeanor and punishable accordingly. 
Section 9. The sum of Seven Thousand Dollars, ($7,000.00) or 
so much thereof as may be necessary, is hereby appropriated out 
of any moneys in the state treasury to the State Department of 
Health, to cover additional clerical, printing, laboratory and other 
expenses in carrying out the provisions of this act, for the biennium 
ending July 1, 1941. 
Section 10. All Acts and parts of Acts in conflict and inconsistent 
herewith, but only insofar as they are inconsistent or in conflict, 
are hereby repealed. (Laws of 1939, Chapter 162.) 
MISCELLANEOUS LAWS 
BABY FARMING 
Section 9607. License Required. It shall be unlawful for any 
midwife, or other person or corporation, maintaining a maternity 48 
STATE OF NORTH DAKOTA 
hospital, or lying-in hospital or for any private midwife or nurse, 
or any other person or corporation caring for children, to place chil- 
dren in family homes for adoption, or otherwise, without a license 
so to do from the board of administration. (1925 Supp.) 
Section 9608. Violation a Misdemeanor. Any person who vio- 
lates the provisions of section 9607, Compiled Laws for 1913, shall 
upon conviction be guilty of a misdemeanor. (1925 Supp.) 
ADULTERATING MEDICINES 
Section 9741. Adulterating Medicines. Every person who know- 
ingly, willfully or fraudulently, either: 
1. Falsifies or adulterates, or causes or permits to be falsified 
or adulterated, any drug, medicinal preparation authorized or recog- 
nized by any standard work on pharmacy, or used or intended to 
be used medicinally; or, 
2. Mixes or causes or permits to be mixed with any such drug 
or medicinal preparation any foreign or inert substance, for the 
purpose or with the intent of destroying or weakening its medicinal 
power or effect or of lessening its cost; or, 
3. Sells, furnishes or delivers or causes or permits any such 
falsified or adulterated drug or medicinal preparation to be sold, 
furnished or delivered for medicinal purposes, 
Is guilty of a misdemeanor. (1925 Supp.) 
CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY 
Section 9742. Public Nuisance Defined. A public nuisance is a 
crime against the order and economy of the state, and consists in 
unlawfully doing any act or omitting to perform any duty required 
by the public good, which act or omission, either: 
1. Annoys or injures the comfort, repose, health or safety of 
any considerable number of persons; or, 
2. Offends public decency; or, 
3. Unlawfully interferes with, obstructs or tends to obstruct any 
lake or navigable river, bay, stream, canal or basin, or any public 
park, square, street or highway; or, 
4. In any way renders life or the use of property uncomfort- 
able. (C.L. 1913.) 
Section 9744. Maintaining Nuisance. Misdemeanor, Every per- 
son who maintains or commits any public nuisance, the punishment 
for which is not otherwise prescribed, or who wilfully omits to per- 
form any legal duty relating to the removal of a public nuisance, 
is guilty of a misdemeanor. (C.L. 1913.) 
Section 9747. Fouling Waters with Gas Tar. Every person who 
throws or deposits any gas tar or refuse of any gas house or fac- 
tory into any public waters, river or stream, or into any sewer or 
stream emptying into any such public waters, river or stream, is 
guilty of a misdemeanor. (C.L. 1913.) PUBLIC HEALTH LAWS 
49 
Section 9748. Violation of Quarantine Laws. Every master of 
a vessel subject to quarantine or visitation of the health officer, by 
the provisions of any law of this state, now in force or that here- 
after may be enacted, arriving in any port or at the boat landing of 
any city or town in this state, who refuses or omits, either: 
1. To proceed with and anchor or land his vessel at the place 
assigned for quarantine, at the time of his arrival; or, 
2. To submit his vessel, cargo and passengers to the examina- 
tion of the health officer, and to furnish all necessary information 
to enable that officer to determine to what length of quarantine 
and other regulations they ought respectively to be subject; or, 
3. To remain with his vassel at quarantine, during the period 
assigned for her quarantine, and while at quarantine to comply with 
the directions and regulations prescribed by law, and with such as 
any of the officers of health, by virtue of the authority given them 
by law, shall prescribe in relation to his vessel, his cargo, himself, 
his passengers or crew, is punishable by imprisonment in a county 
jail not exceeding one year, or by a fine not exceeding two thousand 
dollars, or both. (C.L. 1913.) 
Section 9749. Offenses by Master of Vessel. Every master of a 
vessel hailed by a pilot or such officer as may be specified by law, 
who either: 
1. Gives false information to such pilot or other officer, rela- 
tive to the condition of his vessel, crew or passengers, or the health 
of the place or places from whence he came, or refuses to give such 
information as shall be lawfully required; or, 
2. Lands any person from his vessel, or permits any person, 
except a pilot or such officer specified by law, to come on board of 
his vessel, or unlades or tranships any portion of his cargo before 
his vessel has been visited and examined by the proper health of- 
ficers; or, 
3. Approaches with his vessel nearer any city or town within 
this state than the place of quarantine to which he may be directed, 
is punishable by imprisonment in the county jail of the county in 
which the offense was committed, not exceeding one year, or by a 
fine not exceeding two thousand dollars, or both such fine and im- 
prisonment. (C.L. 1913.) 
Section 9752. Violating Quarantine Orders. Every person who, 
having been lawfully ordered by any health officer to be detained 
in quarantine, and not having been discharged, leaves the quaran- 
tine grounds or anchorage, or wilfully violates any quarantine law 
or regulation, is guilty of a misdemeanor. (C.L. 1913.) 
Section 9753. Obstructing Health Officer. Every person who 
wilfully opposes or obstructs any health officer or physician charged 
with the enforcement of the health laws, in performing any legal 
duty, is guilty of a misdemeanor. (C.L. 1913.) 
Section 9754. Violation of Health Laws. Every person who wil- 
fully violates any provision of the health laws, the punishment for 50 
STATE OF NORTH DAKOTA 
violating which is not otherwise prescribed by those laws or by this 
code, and every person who wilfully violates or refuses or omits to 
comply with any lawful order, direction, prohibition or regulation 
prescribed by any board of health or health officer, or any regula- 
tion lawfully made or established by any public officer under auth- 
ority of the health laws, is punishable by imprisonment in a county 
jail not exceeding one year, or by a fine not exceeding two thousand 
dollars, or both. (C.L. 1913.) 
SELLING ADULTERATED AND UNWHOLESOME FOOD OR 
MEDICINE 
Section 9758. Apothecary Negligently Endangering Life. Every 
apothecary or druggist, and every person employed as clerk or sales- 
man by an apothecary or druggist, or otherwise carrying on business 
as a dealer in drugs or medicines, who, in putting up any drugs or 
medicines, wilfully, negligently or ignorantly omits to label the same, 
or puts any untrue label, stamp or other designation of contents 
upon any box, bottle or other package containing any drugs or medi- 
cines, or substitutes a different article for any article prescribed or 
ordered, or puts up a greater or less quantity of any article than that 
prescribed or ordered or otherwise deviates from the terms of the 
prescription or order which he undertakes to follow, in consequence 
of which human life or health is endangered, is guilty of a mis- 
demeanor. (C.L. 1913.) 
Section 9759. Record of Poison Sold. Label. No druggist, 
apothecary or other person dealing or trafficking in drugs or medi- 
cines, and no person employed as a clerk or salesman by any apothe- 
cary or druggist, shall sell or give away any poisons or poisonous 
substances, except to practicing physicians, in their ordinary prac- 
tice of medicine, without recording in a book, to be kept for that 
purpose, the names of the person or persons receiving such poison, 
and his, her or their residence, excepting upon the written order or 
prescription of some practicing physician whose name must be at- 
tached to such order or prescription. No person shall sell, give away 
or dispose of any poisonous substance without attaching to the 
phial, box or parcel containing such poisonous substance a label 
with the word “poison” printed or written upon it, in plain and 
legible characters. (C.L. 1913.) 
Section 9760, Violation, Misdemeanor. Any person violating 
any of the provisions of section 9759 shall be deemed guilty of a mis- 
demeanor. (C.L. 1913.) 
Section 9761. Record Subject to Inspection. Every person whose 
duty it is by section 9759 to keep any book for recording the sale or 
gift of poisons, who wilfully refuses to permit any person to inspect 
said book upon reasonable demand made during business hours, is 
punishable by fine not exceeding fifty dollars. (C.L. 1913.) 
Section 9762. Laying Out Poison. Exception. Every person who 
shall lay out strychnine or other poison, within the limits of any PUBLIC HEALTH LAWS 
51 
town, or within one mile of any dwelling house or any barn, stable, 
or outbuilding, used at the time for the keeping or shelter of horses, 
cattle, sheep or swine, or within one-half mile of any traveled 
thoroughfare, or the ceded lands of this state, is guilty of a mis- 
demeanor; provided, nothing in this section shall be construed to 
prohibit the putting out at any time of poisoned grain, for the pur- 
pose of killing gophers. (C.L. 1913.) 
Section 9765. Adulterating Food or Medicines. Every person who 
adulterates or dilutes any article of food, drink, drug, medicine, 
strong, spirituous or malt liquor or wine, or any article useful in com- 
pounding either of them, whe'ther one useful for mankind or for 
animals, with a fraudulent intent to offer the same or cause or per- 
mit to be offered for sale as unadulterated or undiluted, and every 
person who fraudulently sells or keeps or offers for sale the same 
as unadulterated or undiluted, knowing it to have been adulterated 
or diluted, is guilty of a misdemeanor. (C.L. 1913.) 
Section 9766, Adulteration of Candy. No person shall by him- 
self, his servant or agent, or as the servant or agent of any other 
person or corporation, manufacture for sale, or knowingly sell or 
offer to sell any candy adulterated by the mixture of terra alba, 
barytes, talc or any other mineral substance, by poisonous colors or 
flavors or other ingredients deleterious or detrimental to health. 
Whoever violates any of the provisions of this section shall be pun- 
ished by a fine of not exceeding one hundred dollars nor less than 
fifty dollars. The candy so adulterated shall be forfeited and de- 
stroyed under the direction of the court. (C.L. 1913.) 
Section 9767. Knowingly Selling Tainted Food. Every person 
who knowingly sells, or keeps or offers for sale or otherwise disposes 
of any article of food, drink, drug or medicine, knowing that the same 
has become tainted, decayed, spoiled or otherwise unwholesome or 
unfit to be eaten or drank, with intent to permit the same to be 
eaten or drank by any person or animal, is guilty of a misdemeanor. 
(C.L. 1913.) 
Section 9786. Exposing Person with Contagious Disease. Every 
person who wilfully exposes himself or another person, being af- 
fected with any contagious disease, in any public place or thorough- 
fare, except in his necessary removal in a manner not dangerous 
to the public health, is guilty of a misdemeanor. (C.L. 1913.) 
Section 9990. Powers and Duties of Officers as to Enforcement 
of Law Prohibiting False and Misleading Advertising. It shall be 
the duty of the state’s attorneys, sheriffs, police officers, health offi- 
cers and the food commissioners to enforce the provisions of this 
statute, and for the purpose thereof they shall have ingress and 
egress to all places of business where it is believed that violations 
of this statute, hereinbefore defined, are being made. Grand juries 
and state’s attorneys shall have full inquisitorial powers over offenses 
committed under this act, and state’s attorneys shall make investiga- 52 
STATE OF NORTH DAKOTA 
tions and prosecutions when proper evidence is furnished to them. 
(C.L. 1913.) 
Section 10206. Adulterating and Selling Adulterated Food and 
Medicine. Every person who, either: 
1. With intent that the same may be used as food, drink or 
medicine for man, sells or offers or exposes for sale, any article 
whatever, which to his knowledge is tainted or spoiled, or for any 
cause unfit to be used as food, drink or medicine; or, 
2. Knowingly sells any article intended as food or drink for man 
which contains a sufficient quantity of any drug or other substance 
to render such article injurious to health, or compounds the same; or, 
3. Adulterates or dilutes so as to render it injurious to health, 
for the purpose of sale as unadulterated or undiluted, any substance 
intended as food, drink or medicine for man, 
Is guilty of a misdemeanor. (C. L. 1913.) 
Section 10207. Calf Less Than Four Weeks Old. Every person 
who knowingly, either: 
1. Kills or causes to be killed, for the purpose of sale as food for 
man, a calf less than four weeks old; or, 
2. Sells or has in his possession with intent to sell as food for 
man, the meat of any calf killed when less than four weeks old, 
Is guilty of a misdemeanor, and upon conviction thereof is pun- 
ished by imprisonment in the county jail not exceeding thirty days 
or by fine not exceeding fifty dollars, or by both. (C.L. 1913.) 
Section 10208. Meat May be Seized, The meat of any calf killed 
when less than four weeks old and exposed for sale or kept with 
intent to sell for food, may be seized without warrant and destroyed 
by any health officer, sheriff, deputy sheriff or peace officer. (C.L. 
1913.) 
Section 10209. Magistrate May Issue Warrant. Procedure. Any 
magistrate having reasonable cause to believe by complaint on oath 
made to him, that the meat of any calf killed when less than four 
weeks old, is kept or concealed within his county by any person, 
contrary to the provisions of section 10207, may issue his warrant 
to any peace officer of such county commanding him, in the daytime 
only, to search for and, if found, to seize such meat and to notify such 
owner or keeper of such seizure and that he appear forthwith before 
the magistrate issuing such warrant to show cause why such meat 
should not be destroyed. If such owner or keeper does not appear, 
or if upon investigation before such magistrate it is determined that 
such meat is kept in violation of such section, the magistrate shall 
issue his warrant to such officer commanding him forthwith to 
destroy such meat and such officer shall proceed accordingly, or 
if it is determined that such meat is not kept contrary to the pro- 
visions of such section the same shall be returned to the place where 
seized. The cost of the proceedings, if contested, shall be taxed 
against the person claiming such meat if defeated, and collected PUBLIC HEALTH LAWS 
53 
upon execution issued against him, as in a civil action, but if such 
proceedings are not contested the costs shall be taxed and paid by 
the county wherein such proceedings are had. (C.L. 1913.) 
FOULING THE PUBLIC WATERS 
Section 10225. Fouling Public Waters of This State. Every 
person who deposits or places or causes to be deposited or placed 
any dead animal, offal or other refuse matter offensive to the sight 
or smell or deleterious to health, upon the banks or in the waters 
of any lake or stream so far as the same is within the jurisdiction 
of this state, is guilty of a misdemeanor, and upon conviction thereof, 
is punishable by a fine of not less than twenty and not exceeding 
one hundred dollars. (C.L. 1913.) 
Section 10226. Extent of Last Section. The provisions of the 
last section shall be construed to include privies and privy vaults 
and any stable, shed, pen, yard or corral wherein is kept any horse, 
cattle, sheep or swine and located nearer than sixty feet from the 
top of the bank of such lake or stream, and also any slaughter 
house, grave, graveyard or cemetery located nearer than eighty feet 
therefrom. But the provisions of said section shall not be construed 
to prevent any incorporated city within this state from running 
its sewers into any river; provided, that where there is a dam across 
said river within the corporate limits of any such city, any such 
sewer shall connect with such river below such dam. (C.L. 1913.) 
Section 10227. Jurisdiction of Justice’s Court. Any justice of 
the peace within his county shall have concurrent jurisdiction with 
the district court to hear, try and determine any prosecution arising 
under the provisions of sections 10206, 10207, and 10225, and upon 
conviction to impose the punishment prescribed, subject to defend- 
ant’s right to appeal to the district court as provided by law. (C.L. 
1913.) 
JUVENILE COURT 
Section 11413. Sick Children. The court may, when the health 
or condition of any child found to be dependent, neglected or de- 
linquent, requires it, order the guardian to cause such child to be 
placed in a public hospital or institution for treatment or special 
care, or in a private hospital or institution, which will receive it 
for like purposes, subject, however, to the supervision and further 
order of the court. (C.L. 1913.) 
STERILIZATION OF FEEBLEMINDED, INSANE, ETC. 
Section 1. It shall be the duty of the superintendent, or head 
of each State Institution in the State of North Dakota, including 
the State Penitentiary, the State Hospital for the Insane, the State 
Training School, and the State Hospital for the Feebleminded to 
report quarterly to the Board of Examiners herein provided for, all 
feebleminded, insane, epileptic, habitual criminals, moral degener- 54 
STATE OF NORTH DAKOTA 
ates and sexual perverts, who are potential to producing off-spring, 
who, because of inheritance or inferior or antisocial traits, would 
probably become a social menace or wards of the State. (Laws 
of 1927, Chapter 263.) 
Section 2. For the purpose of carrying into effect the provisions 
of this Act, there is hereby created a Board of Examiners to consist 
of three competent physicians and surgeons who shall be appointed 
by the State Board of Administration upon recommendations made 
by the State Medical Board, each of whom shall serve during the 
pleasure of said Board of Administration. Such Board shall appoint 
one of its members as chairman and one as secretary. (Laws of 
1927, Chapter 263.) 
Section 3. It shall be the duty of such Board of Examiners to 
examine into the innate traits, the mental and physical condition, 
the personal records and the family traits and history of all persons 
reported so far as the same can be ascertained; and for this pur- 
pose, said Board shall have the power to summon and examine wit- 
nesses and hold a hearing as hereinafter provided; and if, in the 
judgment of the entire board, procreation by any such person would 
produce children with an inherited tendency, to feeble-mindedness, 
insanity, epilepsy, criminality or degeneracy, and there is no prob- 
ability that the condition of such person so examined will improve 
to such an extent as to render procreation by any such person ad- 
visable, or of the physical or mental condition of any such person 
will be substantially improved thereby, then it shall be the duty of 
said Board after such examination and hearing to make an order 
requiring such person to be sterilized. (Laws of 1927, Chapter 263.) 
Section. 4. Each inmate so examined shall, before any order is 
made adjudging him to be a proper subject for sterilization, be 
entitled to a hearing before such Board upon reasonable notice, and 
shall be entitled in his own behalf, or by anyone appearing for him, 
to offer evidence, either in the nature of expert testimony or other- 
wise, for the purpose of showing that he is not a proper subject for 
sterilization under the provisions of this Act. Such notice of hearing 
shall be in writing and shall be served upon such inmate personally 
in all cases, and in cases of insane and feeble-minded persons, upon 
their legal guardian, if any, and if none, upon their nearest kin re- 
siding within the State of North Dakota, and in case of a minor, 
upon his parents or guardian. (Laws of 1927, Chapter 263.) 
Section 5. The purpose of said examination, findings and order 
of said Board shall be for the betterment of the physical, mental, 
neural, or psychic condition of the inmate, or to protect society from 
the menace of procreation by said inmate, and not in any manner 
as a punitive measure; and no person shall be sterilized under the 
authority of this Act except that such operation shall be found to 
be necessary to improve the physical, mental, neural, or psychic 
condition of the inmate, or to prevent such inmate from producing PUBLIC HEALTH LAWS 
55 
off-spring that would probably become a menace to society, or 
wards of the state. (Laws of 1927, Chapter 263.) 
Section 6. After completing such examination and hearing, 
said Board shall make separate written findings, for each of the 
inmates so examined, and the same shall be preserved in the records 
of said Board and a copy thereof, shall be furnished to the superin- 
tendent or head of the institution in which the inmate is confined, 
and if an operation is deemed necessary by said Board, then a copy 
of the order of said Board shall forthwith be served on the inmate, 
and in case said inmate is an insane or feeble-minded person, upon 
his legal guardian, if any, and if none, then upon the nearest kin 
within the State of North Dakota, and in case such inmate is a minor, 
then upon his parents or guardian. (Laws of 1927, Chapter 263.) 
Section 7. Any such inmate desiring to appeal from the order 
of said Board, or in case the inmate is under guardianship or is a 
minor, then the guardian of said inmate or the parents of such 
minor, as the case may be, may take an appeal to the District Court 
of the County in which the Institution where the inmate is con- 
fined, is located. Notice of appeal shall be filed with the Sec- 
retary of said Board within 15 days after the date when the notice 
of said Board’s order is served upon the inmate, or his guardian, 
and said notice of appeal shall stay proceedings of said Board on said 
matter until the same is heard and determined on said appeal; 
provided, further, that no sterilization operation shall be performed 
upon any inmate until the time for appeal from the order of the 
Board has expired. (Laws of 1927, Chapter 263.) 
Section 8, Upon an appeal being taken, the Secretary of said 
Board where the notice of appeal is filed, must within fifteen days 
thereafter, or such further time as the Court or the judge thereof 
may allow, transmit a certified copy of the notice of appeal and 
transcript of the proceedings, findings and order of the Board to the 
clerk of the court appealed to. The trial on appeal shall be de novo 
as provided by the Statutes of the State for the trials of actions in 
equity. Upon such appeal if the inmate be without sufficient finan- 
cial means to employ an attorney then the court shall appoint an 
attorney to represent the said inmate, and such attorney shall be 
compensated upon order of the court as in case of indigent defend- 
ants, and it shall be the duty of the State’s Attorney of the county 
wherein such trial is had to represent the said Board. (Laws of 1927, 
Chapter 263.) 
Section 9. If the court shall affirm the findings of said Board, 
said court shall enter a judgment, adjudging that the order of said 
Board shall be carried out as herein provided; if the court fails to 
affirm the decision of said Board appealed from, then said order 
shall be null and void and of no further effect. (Laws of 1927, 
Chapter 263.) 
Section 10. Upon the receipt of the order from said Board of 
Examiners, the superintendent or head of the Institution to which 56 
STATE OF NORTH DAKOTA 
it is directed shall, after the time for appeal has expired, or in case 
an appeal upon the entering of a judgment affirming the order of 
the Board, and it is hereby made his lawful duty to perform, or 
cause to be performed such surgical operation for the sterilization of 
the inmate named therein as may be specified in the order of the 
Board of Examiners, provided, that such operation shall not under 
any circumstances be by castration or ovariotomy except when organs 
are diseased. All such operations shall be performed with due regard 
for the physical condition of the inmate and in a safe and humane 
manner. (Laws of 1927, Chapter 263.) 
Section 11. No surgeon performing the operation provided for 
in the preceding sections shall be held criminally liable therefor 
or civilly liable for any loss or damage on account thereof, except 
in case of negligence in the performance of such operation. (Laws 
of 1927, Chapter 263.) 
Section 12. The criminals who shall come within the operation 
of this law shall be those who are moral degenerates and sexual 
perverts or those who are addicted to the practice of sodomy or the 
crime against nature, or to other gross, bestial and perverted sexual 
habits and practices prohibited by Statute. (Laws of 1927, Chapter 
263.) 
Section 13. The provisions of this Act shall apply to both male 
and female inmates of any of the institutions designated therein. 
(Laws of 1927, Chapter 263.) 
Section 14. As compensation for their services as members of 
said Board of Examiners, each of them shall be entitled to a per 
diem of $10.00 per day while in the actual performance of their 
duties and actual necessary expenses to be paid out of the funds of 
the institution where the services are performed upon the approval 
of the Board of Administration. (Laws of 1927, Chapter 263.) 
Section 15. The Board of Examiners shall keep all files and 
records in any proceeding had under the provisions of this Act to- 
gether with full minutes of all meetings of such Board, and for that 
purpose the Secretary of the Board of Examiners shall be the cus- 
todian of all records and files pertaining to proceedings had by such 
Board. (Laws of 1927, Chapter 263.) 
Section 16. It shall be the duty of the Chief Medical Officer 
of any institution in which any sterilized inmates are confined to 
make careful observations of each of such inmates, particularly with 
the view of ascertaining the effect of such operation upon the 
moral, mental and physical condition of such sterilized persons and 
shall annually make a written report to the Board of Examiners 
on each of such persons, and keep a copy thereof on file with the 
records of such institution. (Laws of 1927, Chapter 263.) 
Section 1. Definition. The words “Tourist Camp” as used in 
this act shall be construed to mean any plot of land used, main- 
TOURIST CAMPS PUBLIC HEALTH LAWS 
57 
tained or held out to the public as a place for use for camping pur- 
poses by transient guests, whether equipped with tents, tent-houses, 
huts or cottages, or not so equipped, and by whatever name the 
same may be called, and whether any fee is charged for the use 
thereof or not. (Laws of 1931, Chapter 299.) 
Section 2. License, Penalty for Operation Without License. No 
person, firm or corporation, municipal or private, shall establish or 
maintain any tourist camp in this State without first obtaining a 
license therefor from the State Food Commissioner, and the State 
Food Commissioner shall have the power to revoke any license issued 
upon the failure of the holder thereof to comply with the provisions 
of this Act, or any other law, or any of the rules and regulations 
made and promulgated by the State Food Commissioner under 
authority of this Act. Any person, the members of any firm, and 
the officers of any corporation, private or municipal, who shall main- 
tain or operate a tourist camp without first obtaining such license, 
or who shall operate the same after the revocation of such license, 
shall be guilty of a misdemeanor and upon conviction thereof shall 
be punished by a fine not exceeding three hundred dollars, or im- 
prisonment in the county jail not exceeding ninety days, or both such 
fine and imprisonment. (Laws of 1931, Chapter 299.) 
Section 3. Application for License. Application for such license 
shall be made in writing to the State Food Commissioner. The ap- 
plication shall state the location of the camp, type of camp, the 
approximate number of guests for which facilities are to be fur- 
nished, the probable duration of use, the proposed water supply for 
such camp, the proposed method of sewage and garbage disposal, 
and such other information as may be required by the State Food 
Commissioner. Forms for such applications shall be prepared by 
the State Food Commissioner, and distributed upon request. (Laws 
of 1931, Chapter 299.) 
Section 4. Inspection. License. Fees. As soon as possible after 
the receipt of such application, the State Food Commissioner shall 
cause an inspection of said premises to be made, and if such Com- 
missioner is satisfied, from such application and inspection, that the 
existing or proposed tourist camp will not be a source of danger 
to the health of the guests of such camp or the general public, he 
shall notify the applicant of his approval of such camp and of the 
fees for a license therefor. Fees shall be charged and collected upon 
the basis of the number of sleeping rooms available for use by guests 
for hire, whether in tents, tent-houses, huts, cottages, or in a single 
building or several buildings. For tourist camp grounds offering no 
sleeping rooms, or having not more than five sleeping rooms, the 
fee shall be Five ($5.00) Dollars; for any tourist camp having more 
than five and less than eleven sleeping rooms, Ten ($10.00) Dol- 
lars; and for any tourist camp having eleven or more sleeping 
rooms, Twenty ($20.00) Dollars. A fee of Five ($5.00) Dollars shall 
be charged and collected for a license to operate any tourist camp 58 
STATE OF NORTH DAKOTA 
which makes no charge to guests for any of the facilities offered by 
such tourist camp, provided, however, that no license fee shall be 
charged for any municipally owned and operated tourist camp. 
Upon receipt of the required fee, and upon the approval of the ap- 
plication, the State Food Commissioner shall issue a license in writing 
to the person, firm or corporation named in the application upon a 
form to be prescribed by the State Food Commissioner. Such 
license shall be for a term of one year, from January 1 to December 
31, and shall be renewable upon the same basis as the same was 
issued in the first instance. Such licenses shall be transferable only 
with the consent of the State Food Commissioner, who may, upon 
application, take up and cancel a license issued for the operation of 
any tourist camp and issue a new license to the transferee for the 
balance of the year. The proceeds of all such fees shall be deposited 
with the State Treasurer by the State Food Commissioner, and 
credited to the “State Regulatory Fund,” and paid out in the same 
manner as other moneys in such fund. (Laws of 1931, Chapter 299.) 
Section 5. Regulations. The State Food Commissioner shall 
have general supervision of the health and sanitary condition of all 
tourist camps in this State, and shall have the power to make, pro- 
mulgate and enforce such rules and regulations as may be neces- 
sary or desirable for the preservation of the same. The State Food 
Commissioner and any and all inspectors designated by him, shall 
have full and free right of access to the premises of each and every 
tourist camp, and each and every part thereof, at such times as may 
be proper and reasonable for the inspection of said premises. (Laws 
of 1931, Chapter 299.) 
Section 6. Garbage Disposal. Suitable garbage containers of a 
kind to be approved by the State Food Commissioner shall be pro- 
vided at a convenient point or points in each tourist camp for the 
disposal of garbage and refuse, and all garbage and refuse shall be 
deposited therein. Any person who shall throw or leave garbage 
or refuse of any kind upon the ground in any such tourist camp 
shall be guilty of a misdemeanor, and upon conviction shall be pun- 
ished by a fine not exceeding Twenty-five ($25.00) Dollars. (Laws 
of 1931, Chapter 299.) 
Section 7. Sickness in Tourist Camps. Penalty for Failure to 
Report. It shall be the duty of every guest of any such tourist 
camp immediately to report to the person in charge of such camp, 
or the local or state health authorities every case of sickness in his 
or her tent, tent-house, hut, cottage or sleeping room. Any person 
who shall fail to make a report of such sickness as aforesaid shall 
be guilty of a misdemeanor, and upon conviction shall be punished 
by a fine not exceeding Twenty-five ($25.00) Dollars. (Laws of 
1931, Chapter 299.) 
(Note: Sections eight to twelve of this chapter do not pertain 
to public health.) PUBLIC HEALTH LAWS 
59 
REGULATIONS FOR PREVENTION OF 
DISEASE 
ADOPTED BY THE STATE DEPARTMENT OF HEALTH 
OF NORTH DAKOTA UNDER THE AUTHORITY CON- 
FERRED UPON SAID DEPARTMENT BY THE 
LAWS OF THE STATE 
January 1939 
GENERAL REGULATIONS 
Regulation 1. State Health Officer Given Discretionary Powers. 
The state health officer may, from time to time, as he shall deem it 
of the greatest good to the community, modify, omit, or add to the 
requirements herein prescribed with regard to communicable diseases, 
and he may require quarantine for other diseases than those men- 
tioned in the following regulations. 
Regulation 2. Diseases Designated as “Contagious and Infec- 
tious.” The following diseases are hereby declared to be “dangerous, 
contagious, and infectious diseases” and reportable in this state: 
Actinomycosis Plague, bubonic, septicemic, pneu- 
Ancylostomiasis (hookworm dis- monic 
ease) Pneumonia, acute lobar 
Anthrax Poliomyelitis 
Botulism Psittacosis 
Chancroid Puerperal infection (puerperal 
Chicken pox (varicella) septicemia) 
Cholera Rabies 
Conjunctivitis, acute infectious Rocky Mountain spotted (or tick) 
Dengue fever 
Diphtheria Scarlet fever (scarlatina) 
Dysentery, amebic (amebiasis) Septic sore throat (streptococcus 
Dysentery, bacillary throat infection) 
Encephalitis, infectious, lethar- Smallpox (variola) 
gic and nonlethargic Syphilis 
Erysipelas Tetanus 
Favus Trachoma 
German measles (rubella) Trichinosis 
Glanders (farcy) Tuberculosis, pulmonary 
Gonorrhea Tuberculosis, other than pulmon- 
Influenza ary 
Leprosy Tularemia 
Malaria Typhoid fever 
Measles (rubeola) Typhus fever 
Meningococcus meningitis Undulant fever (brucellosis) 
Mumps (parotitis) Vincent’s Infection 
Paratyphoid fever Whooping cough 
Yellow fever 60 
STATE OF NORTH DAKOTA 
Regulation 3. Who Shall Report Diseases. Methods. (1) All 
physicians; (2) Any person who treats or administers to the sick 
by whatever method; (3) householders; (4) hotel or lodging house- 
keepers; (5) nurse; (6) school teacher; (7) any other person or per- 
sons treating, nursing, lodging, caring for, or having knowledge of 
the existence of any communicable reportable disease enumerated 
in Regulation 2 shall immediately report the same to the nearest 
health officer having jurisdiction by the quickest means of commu- 
nication. This report must be followed within twenty-four hours 
by a written report on blank forms furnished by the county or city 
board of health, which shall specify the following particulars: name 
of patient, age, sex, residence, occupation, diagnosis or disease sus- 
pected, probable source of infection, date of exposure, date of onset 
of the disease, school attended or place of employment, name and 
address of person making report, and any other available information 
likely to assist the health officer in the prevention or spread of the 
disease. 
Regulation 4. Morbidity Reports. All morbidity reports must 
be made as soon as clinical diagnosis is made, but laboratory con- 
firmation is desirable. 
Regulation 5. Weekly Record and Reports. Section 1. Each 
health officer shall keep a record of all reportable diseases occur- 
ring in his jurisdiction, showing all of the particulars designated 
on the original report card. All original report cards shall then be 
mailed to the State Health Officer once each week, together with 
the summary report, as specified in Section 2 of this regulation. 
Section 2. Each Saturday at the close of business each county 
or city health officer shall submit to the State Department of Health 
a summarized report of the communicable diseases reported to him 
during the week. When no cases have been reported during the 
week, a card shall be mailed as usual, the notation “No Cases re- 
ported” being placed on the face of the card. Report cards shall be 
supplied by the State Department of Health. 
Regulation 6, Annual Report. Every city and county health 
officer must make an annual report in triplicate, not later than 
January 15 of each year, on forms furnished by the State Health 
Officer, covering all health activities in his jurisdiction during the 
calendar year just ended. One copy of this report must be sent to 
the county or city commissioners, one copy to the State Health 
Officer, and one copy retained for his own files. 
Regulation 7. Telegraphic Reports. Health officers shall notify 
the State Health Officer by telegram of any unusual outbreak of 
disease within his district and of any case of leprosy, bubonic plague, 
rabies, anthrax, encephalitis, psittacosis, botulism, Rocky Mountain 
spotted fever, and such other diseases as the State Department of 
Health may from time to time designate. PUBLIC HEALTH LAWS 
61 
Regulation 8. Health Officer Must Investigate. Section 1. When 
any contagious or infectious disease is reported to a health officer 
or when he has reasons to suspect that such disease exists within 
his district, he shall make a thorough investigation, if necessary, (any 
case not reported by a legally qualified physician requires investi- 
gation) and if such disease is found to exist, he shall take such steps 
as are required by the laws of the state and by these regulations. 
If upon investigation the health officer shall find that a disease for 
which quarantine is required has recently existed on any premises 
within his district, he shall place such premises under quarantine 
until the expiration of the incubation period and until such premises 
have been disinfected, as required by these regulations. 
Section 2. Each health officer must investigate whenever and 
wherever he has reason to suspect that any unsanitary condition 
dangerous to public health exists within his district, and if such un- 
sanitary condition is found to exist, he shall order its removal within 
a specified time by a written notice served on the owner or agent 
of the property whereon such unsanitary condition exists; and if 
said owner or agent shall fail to remove or remedy such unsani- 
tary condition within the time specified in such written notice, the 
health officer shall bring the matter to the attention of the county 
attorney and, if necessary, file a complaint against such owner or 
agent for maintaining an unsanitary condition dangerous to public 
health and in violation of the laws of the state and regulations of 
the State Department of Health. 
Regulation 9. Sale of Food Forbidden in Certain Cases. When 
a case of diphtheria, encephalitis lethargica, epidemic or septic sore 
throat, amebic or bacillary dysentery, epidemic cerebrospinal menin- 
gitis, typhoid fever, paratyphoid fever, scarlet fever, smallpox, acute 
anterior poliomyelitis (infantile paralysis), tuberculosis, undulant 
fever, or leprosy exists on any farm or dairy producing milk, cream, 
butter, cheese, garden truck, or other foods, no such foods shall be 
sold or delivered from such farm or dairy, except under the follow- 
ing conditions: 
1. That such foods are not brought into the house where such 
case exists. 
2. That all persons coming in contact with such foods, eat, 
sleep and work wholly outside such house. 
3. That such persons do not come in contact in any way with 
such house or its inmates or contents. 
4. That said inmates are properly isolated and separated from 
all other parts of said farm or dairy and efficiently cared for; and 
5. That a permit be issued by the local health officer. He may 
cancel this permit at any time when, in his judgment, the circum- 
stances and conditions warrant such action. 
6. That the local and State Health Officer may add other com- 
municable diseases to this list at any time when the severity and 
other circumstances surrounding the case seem to justify it. 62 
STATE OF NORTH DAKOTA 
Regulation 10. Destruction of Foods in Certain Cases. When a 
case of any disease mentioned in Regulation 9 exists on any farm 
or dairy producing milk, cream, butter, cheese, or other foods, the 
State Health Officer or the local health officer may destroy or order 
the destruction of any such foods which, in his opinion, may have 
been so contaminated as to be a source of danger. 
Regulation 11. Handling of Food Forbidden in Certain Cases. 
Section 1. No person affected with or suspected of being a carrier 
of any communicable disease shall handle food or food products 
intended for sale which are liable to convey infective material. 
Section 2. No person who resides, boards, or lodges in a house- 
hold where he comes in contact with any person affected with any 
disease mentioned in Regulation 9 shall handle food or food products 
intended for sale or human consumption. 
Section 3. No waiter, waitress, cook, or other person of a board- 
ing house, hotel, restaurant, or other place where food is served, 
who lodges or visits in a household where he comes in contact with 
any person affected with any disease mentioned in Regulation 9, 
or is a carrier of any other communicable disease, or is affected 
himself with such a disease shall prepare, serve, or handle food for 
others in any manner whatsoever. 
Regulation 12. Milkmen, Grocerymen, Etc. Section 1. Milk- 
men shall empty milk delivered to premises infected with a quaran- 
tinable disease into covered containers placed outside the door of 
such premises or shall deliver the milk in containers which shall 
not be used again but shall be burned as soon as they are emptied. 
They shall not enter such premises or remove milk bottles or any- 
thing else therefrom until the house has been released from quar- 
antine and disinfected and the bottles have been sterilized by boiling 
under the instructions of the health officer. 
Section 2. Grocerymen and other persons delivering merchand- 
ise are forbidden to enter such premises or remove packages or 
other articles therefrom. Laundrymen are forbidden to enter such 
premises or to remove any clothing therefrom until such articles 
have first been boiled or otherwise sterilized under the instructions 
of the health officer. 
Regulation 13. Duty of the Owners or Persons in Charge of 
Dairy Farms. It shall be the duty of the owners or persons in charge 
of any farm or dairy producing milk, cream, butter, cheese or of 
one in charge of a creamery or milk station to report forthwith to 
the local health officer the name and address and all known facts 
relating to the illness and physical condition of any person who is 
affected with or suspected of being a carrier of any communicable 
disease; who is employed or resides on or in such farm, dairy, cream- 
ery, or milk station; or who comes in contact in any way therewith 
or with its product. 
Regulation 14. Specimens to be Submitted. Any person sus- 
pected of being a carrier of disease that may be spread through his PUBLIC HEALTH LAWS 
6? 
or her bodily excretions or discharges or in any other way shall 
on request of any health officer of North Dakota submit to the State 
Department of Health specimens of such bodily excretions or dis- 
charges in manner and amount, at such intervals, and under such 
supervision as prescribed by the State Health Officer. If deemed 
necessary by the local or State Department of Health for the control 
of spread of infection, supervision of the collection of specimens 
shall include temporary hospitalization at public expense. 
Regulation 15. Periods of Incubation, The average and the 
maximum periods of incubation for the purpose of these regulations 
of the following communicable diseases shall be as follows; 
Average 
Maximum 
Chickenpox 
14 days 
21 days 
Measles 
12-14 days 
18 days 
Mumps 
18 days 
26 days 
Poliomyelitis 
7-14 days 
14 days 
Scarlet Fever 
3-4 days 
7 days 
Smallpox 
8-16 days 
21 days 
Whooping Cough 
7-10 days 
16 days 
Diphtheria 
2-5 days 
Typhoid Fever 
7-14 days 
38 days 
Paratyphoid 
4-7 days 
10 days 
Meningococcus Meningitis 
2-7 days 
10 days 
Septic Sore Throat 
1-3 days 
QUARANTINE 
Regulation 16. Quarantine Must Be Established by the Health 
Officer or His Assistant. When any contagious or infectious 
disease for which quarantine is required is reported to any health 
officer, he shall, in person or through his duly appointed assistant, 
place the premises where such disease exists under quarantine in 
the manner prescribed by these regulations. 
Regulation 17. Quarantine Placards. Section 1. All diseases 
where quarantine or provisional quarantine is instituted shall be 
placarded as follows: 
The health officer shall cause to be securely attached to each 
entrance of the premises under quarantine a placard of a distinctive 
color, not less than 6x12 inches in size, upon which is printed, the 
name of the disease and the words “KEEP OUT” in letters not less 
than 2V2 inches in height and the words, “THIS PLACE IS QUAR- 
ANTINED IN ACCORDANCE WITH LAW.” “BY ORDER OF THE 
HEALTH OFFICER.” 
Section 2. This card must not be removed, defaced, or de- 
stroyed by any person except the health officer or his authorized 
agent and not by him until the premises have been thoroughly dis- 
infected in a manner approved by these regulations. 
Regulation, 18. Quarantine. Section 1. By quarantine is meant 
the limitation of freedom of movement of persons or animals who 
have been exposed to communicable disease for a period of time 
equal to the longest usual incubation period of the disease to which 
they have been exposed. 64 
STATE OF NORTH DAKOTA 
Section 2. Quarantine is released only upon permission of the 
health officer in charge in accordance with rules and regulations. 
Section 3. The following diseases require quarantine: small- 
pox, diphtheria, scarlet fever, poliomyelitis, plague, cholera (asiatic), 
typhus fever, and yellow fever. 
Section 4. Any member of the family who can show positive 
evidence of having had the disease or who has been properly im- 
munized to the satisfaction of the health officer and who is not a 
carrier may be released after personal disinfection, but such person 
is forbidden to re-enter the premises. 
Regulation 19. Isolation. Section 1. By isolation is meant the 
separating of persons suffering from a communicable disease, or 
carriers of the infecting micro-organism from other persons, in such 
places and under such conditions as will prevent the direct or indirect 
conveyance of the infectious agent to susceptible persons. 
Section 2. Any member of the family who cannot show evidence 
of having had the disease in question or having been satisfactorily 
immunized, is strictly forbidden from attending any public, private, 
or parochial school, any church or place of amusement or public 
gathering of any kind unless otherwise stated in these regulations 
or by written permission of local health officer. 
Section 3. When, in the judgment of the health officer having 
charge; after consideration of the circumstances and conditions sur- 
rounding each case; isolation is apt to be ineffective, he shall insti- 
tute quarantine in such cases. 
Section 4. Isolation is released only upon permission of the 
health officer in charge. 
Section 5. The following diseases require isolation: typhoid 
fever, paratyphoid fever, whooping cough, measles, german measles, 
septic sore throat, chicken pox, mumps, meningitis, and lobar pneu- 
monia. 
Section 6. The placard for diseases where isolation only is re- 
quired shall be similar in size but of different color than that of a 
quarantine sign. On this card will be printed the word “WARN- 
ING” and the name of the disease in letters not less than 2Vz inches 
in height. 
Regulation 20. Provisional Quarantine. When any case is re- 
ported to a health officer as suspected of being a contagious or in- 
fectious disease for which quarantine is required by these regula- 
tions, the health officer shall place the premises where such disease 
exists, or is suspected, under provisional quarantine in the following 
manner: A card bearing the words “PROVISIONAL QUARAN- 
TINE, KEEP OUT” printed in letters not less than 2\h. inches in 
height, shall be securely attached to each entrance to the premises, 
and the head of the house shall be instructed that the premises are 
under provisional quarantine and will remain so until the nature 
of the disease shall have been determined. If the case proves to 
be one requiring quarantine, the provisional sign shall be removed PUBLIC HEALTH LAWS 
65 
and the regular quarantine sign installed. If the case proves to be 
one not requiring quarantine, the sign shall be removed and the 
quarantine released. 
Regulation 21. Special Restrictive Precautions. Special restric- 
tive precautions by the health officer may require that the patient 
be prohibited from attending any public gathering or from asso- 
ciating freely with other persons. Individual eating utensils, towels, 
napkins, and clothing may be required for the patient. Toys, books, 
and anything handled by the patient should not be used by others. 
Special quarters may be provided and sleeping with other members 
of the family prohibited. 
The corrective treatment or restrictive measures vary with the 
nature of the disease and are subject to the judgment of the health 
officer in charge. Restrictive measures are dispensed with only on 
the consent of the health officer. 
Upon failure of members of the household or the patient to 
comply with isolation or restrictive precautionary measures pre- 
scribed by the health officer when reasonable or lawful and where 
in his judgment the health of others is jeopardized thereby, he shall 
institute and enforce quarantine in such cases. 
The following diseases may require restrictive measures as spe- 
cified: tuberculosis, trachoma, ophthalmia neonatorum, enterocolitis 
(epidemic), favus, erysipelas, impetigo contagiosa, scabies, influ- 
enza, actinomycosis, hookworm, spotted fever, anthrax, rabies, dysen- 
tery (amebic), syphilis, and gonorrhea. 
Regulation 22. Exclusion of Household Pets. Dogs, cats, and 
other household pets shall not be permitted to enter rooms where 
communicable disease exists. 
DISINFECTION 
Regulation 23. Disinfection. By this term is meant the destroy- 
ing of the vitality of pathogenic micro-organisms by chemical or 
physical means. All disinfection for a disease requiring any form 
of quarantine shall be done under the supervision of the health 
officer or his assistant. All disinfection shall be carried out in the 
manner prescribed by these regulations. 
Regulation 24. Concurrent Disinfection. When the word “con- 
current” is used as qualifying disinfection, it indicates the applica- 
tion of disinfection immediately after the discharge of infectious 
material from the body of an infected person, or after the soiling of 
articles with such infectious discharges, all personal contacts with 
such discharges or articles being prevented prior to their disinfec- 
tion. Keeping the sick room and patient clean is the most important 
feature in preventing the transmission of disease. The health officer 
and attending physician must insist upon an efficient disinfection of 
the patient’s nose, throat, bowel and bladder discharges, bed and 
body linen. The attendant’s hands, all utensils and appliances must 66 
STATE OF NORTH DAKOTA 
be kept disinfected; the floors, woodwork, etc., should be frequently- 
scrubbed with soap and hot water, the room well ventilated, and 
direct sunlight admitted as much as possible. 
Regulation 25. Fumigation, Fumigation, except under special 
circumstances, is not an effective means of disinfection and is not 
recommended except where the destruction of insects, mosquitoes, 
body lice, and animals such as rats is accomplished by the employ- 
ment of gaseous agents. 
Regulation 26. Terminal Disinfection. When the word “termi- 
nal” is used as qualifying disinfection, it indicates the process of 
rendering the personal clothing and immediate physical environment 
of the patient free from the possibility of conveying the infection 
to others at the time when the patient is no longer a source of in- 
fection. Before the release of quarantine, isolation, and restrictive 
measures, the health officer must be satisfied that the patient, mem- 
bers of the family, attendants, and premises are no longer a source 
of danger to others and that the following procedure is carried out: 
1. Everything of little value that has been in contact with the 
patient or sick room must be burned. 
2. The patient and attendants must take a thorough antiseptic 
bath and must be supplied with a complete change of uninfected 
clothing. 
3. Before removal from the patient’s room all washable cloth- 
ing, sheets, dishes, etc., must be immersed in a 5 percent carbolic 
acid solution or other equally potent disinfectant for one-half hour 
or must be boiled for one-half hour. 
4. Other articles in the room of such a nature that they cannot 
be burned, boiled, or otherwise disinfected should be exposed to the 
direct rays of the sun, for four or five days after thorough cleaning. 
5. All floors, woodwork, furniture, etc., must be thoroughly 
scrubbed with soap and warm water and wiped with a 1-1000 bi- 
chloride of mercury solution, or otherwise treated in a manner satis- 
factory to the health officer in charge. 
Regulation 27. Renovation. When, in the judgment of the health 
officer, the circumstances and conditions of the premises or the 
nature of the disease seem to warrant it, a thorough renovation shall 
be required, in addition to disinfection, by repainting or varnishing, 
repapering or calcimining the sick room or entire premises. 
Regulation 28. Approved Disinfectant Agents. 
1. 1-3000 bichloride solution. 
2. 5% carbolic acid solution. 
3. Lysol, creolin—B.K. in strengths recommended by manu- 
facturers. 
4. Chloride of lime and standard chlorine products. 
5. Fresh air and sunshine. 
Most of these disinfectants are poisonous and should not be used 
except under the direction of a physician or after a careful reading 
of the directions of the manufacturer found on the original container. PUBLIC HEALTH LAWS 
67 
Regulation 28B. Failure to Disinfect Premises. Whenever the 
order or direction of the local health officer requiring disinfection 
or cleansing of articles, premises, or apartments shall not be com- 
plied with, he shall cause a placard in words and form as follows 
to be placed upon the door of such an apartment or premises, to 
wit: 
NOTICE 
is a communicable disease. These 
apartments have been occupied by a patient 
and may be infected. They must not be occupied until the 
order of the health officer directing their renovation and 
disinfection has been complied with. 
This notice must not be removed under penalty of law 
except by the health officer or an authorized officer. 
COMMON CARRIERS 
Regulation 29. Federal Regulation. Adopted. All common car- 
riers operating in the state of North Dakota, whether engaged in the 
interstate business or intrastate business or both, shall comply with 
the regulations of the U. S. Public Health Service made and promul- 
gated for the control of common carriers engaged in interstate busi- 
ness, and the regulations made by the said U. S. Public Health 
Service are hereby declared to be a part of these regulations of the 
state department of health of North Dakota. 
REGULATIONS OF COMMUNICABLE DISEASES 
SMALLPOX 
Regulation 30. Section 1. Isolation and quarantine are required. 
Section 2. Period of Isolation. Isolation shall be maintained 
until the disappearance of all scabs and crusts and until the thorough 
disinfection of persons and premises is performed. 
Section 3. Quarantine. There must be isolation of all contacts 
until vaccinated and daily medical observation of these contacts 
until the height of the reaction is passed, if vaccination was per- 
formed within twenty-four hours of first exposure. Contacts who 
cannot produce positive evidence of having had the disease or of a 
recent successful vaccination as determined by the health officer, 
must be isolated for 16 days from the last exposure. 
Section 4. Placard. (See Regulation 17 and 18.) 
Section 5. Concurrent and Terminal Disinfection are Required. 
(See Regulation 24-26.) 
Section 6. Health Officers and Physicians Must State on all 
Reports the Type of the Disease. 68 
STATE OF NORTH DAKOTA 
CHICKENPOX 
Regulation 30b. Section 1. Chickenpox in Adults. When 
chickenpox exists in adults, the same quarantine regulations required 
in smallpox may be maintained at the discretion of the health officer. 
Section 2. Chickenpox in Children. Isolation. There must be 
exclusion from school and avoidance of contact with non-immune 
persons for 10 days. 
Section 3. Concurrent and Terminal Disinfection are Required. 
(See Regulation 24-26.) 
Section 4. Placard. (See Regulation 19, Section 6.) 
DIPHTHERIA 
Regulation 31. Section 1. Isolation and Quarantine are Required. 
Section 2. Period of Isolation. Strict isolation of a case or sus- 
pected case of diphtheria shall be maintained until two cultures 
from the throat and two from the nose, taken not less than twenty- 
four hours apart and submitted to a State Public Health Laboratory, 
fail to show the presence of diphtheria bacilli. If cultures are still 
positive three weeks after the onset of the disease, a virulence test 
may be done, and if the organisms present are an avirulent form, 
isolation may be terminated. Cultures must be taken by the health 
officer personally or by an authorized deputy and must be submitted 
to one of the State Public Health Laboratories. 
Section 3. Quarantine. All intimate contacts must be quaran- 
tined until shown by bacteriological examination not to be carriers. 
Section 4. Persons Released From Quarantine or Isolation must 
not re-enter the premises until quarantine or isolation has been re- 
moved and the premises properly disinfected. 
Section 5. Adult Members Of The Family wishing to pursue 
their occupation may change their residence by permission of the 
health officer in charge and by compliance with this regulation. 
(See Section 3.) 
Section 6. Diphtheria in Schools. When diphtheria appears in 
school, cultures should be taken from all those who have been ex- 
posed or who show signs of throat infection. All persons from whom 
cultures show positive evidence of diphtheria bacilli should be ex- 
cluded from school and isolated until two negative cultures have 
been obtained as required in Section 1 of this regulation. 
Section 7. Placard. (See Reg. 18.) 
Section 8. Concurrent and Terminal Disinfection Are Required, 
as Described in Regulation 26. 
Section 9. Every Physician And Health Officer having knowl- 
edge of a case or suspected case of diphtheria must obtain laboratory 
confirmation from the State Public Health Laboratory. 
MENINGOCOCCUS MENINGITIS 
(Epidemic Cerebrospinal Meningitis) 
Regulation 32. Section 1. Isolation is Required. PUBLIC HEALTH LAWS 
69 
Section 2. Period of Isolation of infected persons shall be 14 
days after the onset of the disease or until negative swabs are 
obtained from the naso-pharynx. 
Section 3. No Quarantine of Exposed Persons is Required. 
Section 4. Placard. (See Regulation 19.) 
Section 5. Concurrent and Terminal Disinfection. (See Regu- 
lation 24-26.) 
Section 6. Each case of meningitis must be considered epidemic 
until the health officer is satisfied that it is not. 
SCARLET FEVER 
Regulation 33. Section 1. Isolation and Quarantine Are Re- 
quired. 
Section 2. Period of Isolation. Isolation shall be maintained for 
a minimum of 21 days from the onset and until there are no longer 
any discharges from the nose, throat, ears, abscesses, or wound sur- 
faces. Epidermal scales do not spread the disease. 
Section 3. Quarantine of Exposed Persons. Exposed children 
must be isolated, teachers excluded from association with children, 
and food handlers from their work until 7 days have elapsed since 
the last exposure to a recognized case. 
Section 4. Placard. (See Regulations 17 and 18.) 
Section 5. Concurrent and Terminal Disinfection Are Required. 
(See Regulations 24-26.) 
(Scarlatina) 
POLIOMYELITIS 
(Infantile Paralysis) 
Regulation 34, Section 1. Reporting. All cases are to be re- 
ported as poliomyelitis, paralytic, or as poliomyelitis, non-paralytic, 
as the case may be. 
Section 2. Isolation and Quarantine Are Required. 
Section 3. Period of Isolation. The patient shall be isolated for 
at least two weeks from the onset. 
Section 4. Quarantine. Exposed children of the household of 
school age are to be kept from school, and adults of the household 
whose vocations bring them into contact with children or with food 
to be eaten uncooked are to be kept from such vocation for 14 days 
from last exposure to recognized case. 
Section 5. Whenever Poliomyelitis Prevails In A Locality, the 
local board of health may cause a search for and a careful examina- 
tion of all ill children and young adults to be made, and all of these 
having suggestive symptoms shall be placed under a provisional 
isolation pending diagnosis. 
Section 6. Placard. (See Regulations 17 and 18.) 
Section 7. Concurrent and Terminal Disinfection. (See Regula- 
tions 24-26.) 70 
STATE OF NORTH DAKOTA 
TYPHOID FEVER, PARATYPHOID FEVER 
Regulation 35. Section 1. Isolation Required. All cases of 
typhoid fever and paratyphoid fever shall be isolated in a room 
screened against flies. 
Section 2. Period of Isolation. No patient shall be released from 
isolation until reports of two negative laboratory examinations of 
both the urine and feces, collected not less than twenty-four hours 
apart, shall have been returned from the State Public Health Labora- 
tory. 
Section 3. Source of Infection. When a case of typhoid fever 
or paratyphoid fever is discovered, the health officer having juris- 
diction shall immediately proceed in a systematic approved manner 
to search for the source of infection, missed case, carrier or conva- 
lescent, and shall make a special report to the State Department Of 
Health, describing in detail his method of search and his ultimate 
conclusions. When the source of infection is discovered, immediate 
abatement must be instituted. 
Section 4. Placard. (See Regulation 19.) 
Section 5. Concurrent and Terminal Disinfection. (See Regu- 
lations 24-26.) 
(Note: Chloride of lime or other chlorine preparations, 20 
per cent solution of carbolic acid are antiseptics of choice.) 
Section 6. All Foods liable to be contaminated must be de- 
stroyed before quarantine is released. 
Section 7. Laboratory Confirmation. Every physician or health 
officer having knowledge of a case or suspected case of typhoid 
fever, paratyphoid fever, or any continued fever not otherwise diag- 
nosed must obtain laboratory confirmation by the usual approved 
methods, if possible. Report, however, shall be made immediately 
on a clinical diagnosis. 
Section 8. At the request of the state or local health officer, 
any case or suspected case or carrier of typhoid fever or paratyphoid 
fever shall submit stool and urine specimens to the State Public 
Health Laboratory. These specimens shall be collected under the 
supervision of the local health officer. 
Section 9. When any drinking water supply is shown to be a 
positive or probable source of infection, specimens shall be col- 
lected under the supervision of the local health officer. 
Section 10. Any drinking water supply shown to be a positive 
or probable source of typhoid fever or other diseases, shall be con- 
demned either by the local board of health or by the State Depart- 
ment of Health, and when so condemned shall not be used again as 
a drinking water supply until declared safe by the condemning 
party. 
Section 11. Reporting of Cases in Hospitals and Sanitoria. It 
shall be the duty of the superintendent of any public or private hos- PUBLIC HEALTH LAWS 
71 
pital or sanitarium to report in writing to the State Department of 
Health, within twenty-four hours of time of diagnosis each case of 
typhoid fever or paratyphoid fever or typhoid infection or para- 
typhoid infection occurring among inmates or employees, giving all 
available epidemiologic data. 
On discharge from any hospital or sanitorium of any person suf- 
fering or convalescent from typhoid or paratyphoid fever or of any 
person known to be a carrier of typhoid or paratyphoid organisms, 
it shall be the duty of the superintendent of such hospital or sani- 
torium to report the fact in writing to the State Department of 
Health within a period of 24 hours, giving the destination of such 
person. 
Section 12. Control of Typhoid Carriers. For the purpose of 
these regulations, a typhoid carrier is a person who harbors typhoid 
bacteria and emits them, regularly or intermittently. This condi- 
tion may or may not follow a recognized attack of typhoid fever. 
A person continuing to discharge typhoid bacteria following an at- 
tack of typhoid fever shall be regarded as a case rather than a 
carrier, for a period of at least twelve (12) weeks following sub- 
sidence of clinical symptoms. After that period the health officer 
may, in his discretion, declare such person to be a carrier. 
Section 13. The health officer, upon the discovery of a typhoid 
carrier, shall immediately report the fact to the State Department 
of Health, giving the full name, age, occupation, and address of such 
carrier (together with any other information relative to possible or 
probable infection of others), and shall also communicate the fact 
to the carrier himself, or his guardian, imparting to him detailed in- 
formation regarding the precautions to be observed in the disposing 
of his discharges, in preventing contamination of his hands, and 
thus protecting others from infection. This information to the car- 
rier himself shall be confirmed by a written notice to such carrier, 
giving special and specific instructions as may be required in special 
circumstances. The health officer shall keep the copy of such 
written instructions given to each carrier on file in his office. 
Instruction given by the health officer shall include directions 
to wash the hands thoroughly with soap and water immediately 
after using the toilet, and to use individual towels and drinking and 
eating utensils, which should be thoroughly cleansed, preferably by 
boiling, before being used by others. 
Section 14. Bowel or bladder discharges of a carrier should be 
deposited in a sewer, cess-pool, or privy, properly located, of an 
approved sanitary construction. The privy should be screened from 
flies and its interior should be scrubbed at intervals. The privy box 
should be disinfected from time to time. 
Section 15. No typhoid carrier may engage in any occupation 
involving the handling of ready-to-eat food and milk, or to work 
as a food, drink, or milk handler, or to work in or around any place 72 
STATE OF NORTH DAKOTA 
where food or drink is manufactured, packed, stored, deposited, 
collected, prepared, produced, or sold. It is extremely important 
that typhoid carriers do not prepare food or drink for anyone ex- 
cept themselves or their immediate families; and especially that they 
do not supply any food, drink, milk or milk products to visitors at 
their homes, or at community or social gatherings of any type. It 
is recommended that immediate members of the household should 
all be immunized against typhoid fever every two years. 
Section 16. No typhoid carrier shall leave the community in 
which he resides without notification to the local health officer, who 
is to be informed of his destination, including his new address. The 
health officer should immediately notify the State Department of 
Health of the change of address. The typhoid carrier shall not leave 
the state without notifying the State Department of Health. 
Section 17. The local health officer shall visit each typhoid 
carrier within his jurisdiction at least once monthly in order to 
determine whether instructions are being observed; and once in 
each quarter shall render a report regarding such carrier to the 
State Department of Health, upon a form prescribed for the pur- 
pose. 
Section 18. The health officer shall cause samples of the bowel 
and bladder discharges from each carrier to be examined bacteri- 
ologically at intervals, at one of the State Department of Health 
Laboratories, or a laboratory approved by the State Department 
of Health, and a carrier may be regarded as recovered and be dis- 
charged from observation when four (4) successive samples of the 
bowel and of the bladder discharges, taken not less than twenty- 
four (24) hours apart shall have been found not to contain typhoid 
bacteria; Provided, that in case the history shows that the person 
has been a carrier for a period of over two years, this rule shall not 
apply as to recovery of carrier; And provided further, that chronic 
carriers of over two years’ duration may be released by the State 
Department of Health upon satisfactory evidence of recovery. 
Regulation 36. Section 1. Isolation Required. Whenever a case 
of measles or German measles is discovered, the health officer shall 
immediately isolate the case. 
Section 2. Period of Isolation. (a) Measles. Minimum of 9 
days, from 4 days before to 5 days after the appearance of the rash 
and until the cessation of all abnormal mucous membrane secretions, 
(b) German measles. Separation of patient from non-immune chil- 
dren and exclusion from school and public places for 7 days from 
the onset of catarrhal symptoms. 
Section 3. Quarantine, (a) Measles. Exclusion of exposed sus- 
ceptible children and teachers from school until 14 days from the 
last exposure and of exposed susceptible children from public gath- 
erings for the same period, (b) German Measles. None. 
MEASLES, GERMAN MEASLES PUBLIC HEALTH LAWS 
73 
Section 4. Adults May Attend To Their Usual Vocations, pro- 
vided they do not visit the sick room or mingle with or visit places 
where there are children. 
Section 5. Placards. (See Regulations 18, 19.) 
Section 6. Concurrent and Terminal Disinfection. (See Regu- 
lations 24-26.) 
WHOOPING COUGH 
Regulation 37. Section 1. Isolation and Quarantine Required. 
Section 2. Isolation shall consist of separation of the patient 
from susceptible children and exclusion of the patient from school 
and public places during the communicable stage. Isolation should 
not be insisted upon at the expense of fresh air in the open, if 
weather permits. The communicable stage must be considered to 
extend from seven days after exposure to an infected individual to 
three weeks after development of the characteristic whoop. 
Section 3. Quarantine. Quarantine is limited to the exclusion 
of non-immune children from school and public gatherings for 10 
days after their last exposure to a recognized case. 
Section 4. Placard. (See Regulation 19.) 
Section 5. Concurrent Disinfection and a good clean-up of 
premises with soap and water, fresh air and sunshine. (See Regula- 
tions 24-26.) 
Section 6. There are no healthy carriers of whooping cough. 
(Pertussis) 
Regulation 38. Section 1. Isolation Required. This shall con- 
sist of separation of the patient from non-immune children and 
young adults and exclusion of the patient from school and public 
places until the parotid gland has returned to normal size. 
Section 2. Quarantine. None. Exposed susceptible individuals 
should be regularly inspected for the presence of initial symptoms 
for three weeks from the date of last exposure. Exposed children 
medically certified as having had the disease should not be excluded 
from school as susceptibles. 
Section 3. Adults From Families in Which Mumps Is Present May 
Attend to Usual Vocations, provided they do not visit the sick room. 
Section 4. Placard. (See Regulation 19.) 
Section 5. Concurrent Disinfection. (See Regulation 24.) 
Section 6. There are no healthy carriers of mumps. 
MUMPS 
OPHTHALMIA NEONATORUM 
Regulation 39. Section 1. Use of Silver Nitrate Urged. Since 
it has been clearly demonstrated that a considerable percentage of 
the cases of ophthalmia neonatorum are due to pyogenic organisms 
other than the gonococcus and since the prophylactic value of silver 
nitrate is fully proven in all cases, therefore, all physicians are 74 
STATE OF NORTH DAKOTA 
urged to use 1 per cent solution of silver nitrate in the eyes of all 
new-born babies. 
Section 2. Midwives and Nurses Must Report. All midwives, 
nurses and other persons having charge of a new born infant shall 
report immediately to the health officer, or a legally qualified physi- 
cian, if any pus or secretion forms on the eyes or on the eyelids, or 
if one or both eyes become reddened or swollen within two weeks 
after birth. 
Section 3. The Patient and Nurse Shall Be Isolated. 
Section 4, Concurrent Disinfection. (See Regulation 24.) 
Note: Refer Sec. 3168, C. L. 1913 (page 42). 
RABIES 
Regulation 40. Section 1. How Reported. Whenever any physi- 
cian or other person has knowledge that any person or animal has 
been bitten or injured by a dog or other animal infected or sus- 
pected of being infected with rabies and whenever he has knowledge 
of a case of rabies or suspected rabies, he shall report the fact 
immediately to the nearest health officer. The local health officer 
shall then transmit this report to the State Health Officer by wire. 
Section 2. When Animals Should Be Killed Or Quarantined. 
Animals suspected of being infected with rabies must be effectively 
quarantined by being closely confined under the direction and close 
observation of the local health officer or an authorized agent of the 
State Livestock Sanitary Board. When any dog or other animal 
shows positive symptoms of rabies, it shall be immediately killed 
in such a manner as to preserve the brain intact. Heads of animals 
which have been killed for suspected rabies or those that have died 
from suspected rabies must be sent to a State Public Health Labora- 
tory for examination. (When an animal is killed in the early stages 
of the disease, it is always difficult and often impossible to find the 
negri bodies. Whereas the process is comparatively simple in the 
latter stages of the disease.) 
Section 3. Treatment for Rabies. Any person who has been 
bitten by a rabid animal may secure the Pasteur Treatment, put up 
in glass ampules which may be administered at home, by having 
their physician or health officer wire a request to any reliable firm 
manufacturing biological products or to their authorized branches in 
your nearest large city. 
Section 4. Concurrent Regulation in Co-operation with the State 
Livestock Sanitary Board. Methods of Quarantine and Immuniza- 
tion. Whenever a case of rabies or suspected rabies has been re- 
ported to either the State Livestock Sanitary Board or to the State 
Department of Health, a strict quarantine of all dogs or other ani- 
mals susceptible to rabies may be ordered under the direct super- 
vision of the State Veterinarian or his authorized agents, covering 
as large an area and for such period of time as in their judgment 
seems reasonable and necessary. Quarantine in such cases shall PUBLIC HEALTH LAWS 
75 
consist in effectively muzzling and closely confining all dogs and 
other animals susceptible to rabies in the quarantined area in a man- 
ner as directed by the State Veterinarian and State Health Officer; 
provided, that any dog or other animal under quarantine having 
been properly immunized and certified to by the State Veterinarian 
may be released from quarantine after a period of 21 days. 
Section, 5. All Other Rules and Regulations of the State Live- 
stock Sanitary Board pertaining to rabies are hereby declared to be 
a part of these regulations when not in conflict therewith. All 
health officers shall co-operate in their enforcement. 
Regulation 41. Section 1. Typhus Fever, Cholera, Plague, 
Spotted Fever, Malaria, Anthrax, Glanders, Pellagra, Amebic Dysen- 
tery, Trichinosis Infection, Undulant Fever, Psittacosis, Encephalitis 
and all other diseases unusual to this state must be reported imme- 
diately to the state health officer and a quarantine instituted, pend- 
ing special regulations and laboratory confirmation. 
Section 2. Placard. (See Regulation 18.) 
Section 3. Concurrent and Terminal Disinfection. (See Regu- 
lations 24-26.) 
PREVENTION OF DANGEROUS COMMUNICABLE DISEASES 
AMONG SCHOOLS AND SCHOOL CHILDREN 
Regulation 42. Trachoma. Section 1. Protection of School 
Children. No person suffering from trachoma shall be permitted 
to attend any school (public, private, parochial, or church) unless 
under active treatment by a physician licensed to practice medicine 
in North Dakota, who shall certify in writing to the school board 
and the health officer that treatment is being faithfully carried on 
with full cooperation and faithful compliance with all of his orders 
and instructions by patients and parents. 
Section 2. Modification of Restriction. Any local health officer 
may modify these restrictions where in his judgment the circum- 
stances and surroundings of any case justify it, in order to prevent 
the spread of trachoma. 
Regulation 43. Tuberculosis. Exclusion from School. Any 
health officer upon request from the county superintendent of schools, 
any school principal or patron, or when he has reason to suspect 
that tuberculosis in any pupil, teacher, or janitor, exists, must make 
an investigation. If, upon investigation and examination, the health 
officer decides any pupil, teacher or janitor to be tuberculous, he 
shall exclude such person from school nor shall any such person 
be allowed to return to school until proof satisfactory to the health 
officer that such person is not suffering from tuberculosis, is 
established. 
Regulation 44. Section 1. Exclusion from School. All children, 
teachers, janitors, or other persons suffering from or exposed to any 76 
STATE OF NORTH DAKOTA 
disease requiring quarantine shall be excluded from all schools, nor 
shall they be allowed to attend school when living or lodging at any 
place where a quarantinable disease exists. 
Section 2. Any pupil, teacher, janitor, or others absent from 
school for more than three days for illness or when other members 
of the family are ill for more than three days where the cause is 
unknown and a possibility of its being a communicable disease exists 
shall be excluded from school until a written permit is presented 
from a physician licensed to practice medicine in North Dakota, or 
health officer, stating that the disease is or is not communicable and 
that there is no danger of communicating the disease to others. 
Regulation 45. Exclusion from School for Special Diseases. In 
addition to the diseases elsewhere declared by these rules to be 
subject to quarantine, any child shall be excluded from any public, 
private, or parochial school by the health officer, when such child 
is afflicted with the following diseases: 
Contagious conjunctivitis, impetigo contagiosa, mumps, pedicu- 
losis (lice), ringworm, scabies (itch), or any suppurative disease of a 
foul or offensive nature; provided, that in case of ringworm or 
scabies or pediculosis, the child may be allowed to continue school 
attendance at the discretion of the health officer, if proper treat- 
ment be immediately instituted and continued until a cure is af- 
fected. 
Regulation 46. Disinfection of School Buildings. Whenever any 
pupil, janitor, or teacher in any public, private, or parochial school 
is afflicted with any disease for which disinfection is required by 
the rules of the State Department of Health, the school buildings, 
school room, or rooms must be declared infected and dangerous 
to the public health; and such school building, room, or rooms shall 
not be used again for school purposes until thorough disinfection of 
the same has been carried out under the direction of the local 
health officer. 
Regulation 47. Teacher Must Report Suspected Cases. When- 
ever any school principal or teacher in any private, public, or paro- 
chial school has reason to suspect that any pupil is suffering from 
or has been exposed to any communicable disease, such principal 
or teacher shall send the child home with instructions to see his 
family physician, and any pupil so excluded shall not be permitted 
to attend school again until such pupil shall present a certificate 
from a physician licensed to practice medicine in North Dakota stat- 
ing that the child is not suffering from a communicable disease and 
that it is safe for him to return to school. Such principal or teacher 
shall also report any such suspected case to the local health officer, 
who, upon receipt of such report, shall use his best judgment as to 
the necessity for further investigating the case. If no legally quali- 
fied physician reports to him within the required time, the health 
officer must investigate. PUBLIC HEALTH LAWS 
77 
Section 2. Must Notify School Teachers. When any officer 
shall have knowledge of the existence of any communicable disease 
within his district in any house from which any child attends school 
or in which any person resides who is in the habit of frequenting 
any school building, he shall immediately notify the superintendent 
of schools, if located in a town having a superintendent of schools, 
or the school teacher of the school in the immediate school district, 
of the existence of the disease and the house in which it is located. 
Regulation 48. School May be Closed. Whenever, in the judg- 
ment of the State Department of Health or of any county or city 
health officer, it is advisable to close the schools because of the 
prevalence of any contagious or infectious disease or diseases, he 
shall serve written notice upon the board of school directors or the 
responsible officials of any private, parochial, public, or Sunday 
school in the same district in which such disease or diseases pre- 
vail, directing them to close all schools immediately, nor shall any 
such schools be reopened until ordered by the proper health official. 
Regulation 49. Section 1. Toilets, How Constructed and Lo- 
cated. All human excreta must be disposed of in sanitary sewers, 
properly constructed settling tanks, or sanitary privies. Settling 
tanks, cesspools, privies, or other sources of pollution should be 
located downgrade and at such distances from any well, spring, 
stream, or cistern used as a source of domestic water supply; pro- 
vided, that in no case shall such a source of pollution be located 
within 50 feet, measured horizontally, from a domestic water supply. 
No privy shall be located within 25 feet of a dwelling. All privies 
must be constructed as to prevent flies from coming into contact 
with the privy contents. All privy vaults must be maintained in a 
sanitary manner. 
Section 2. No settling tank, cesspool, or privy shall be permitted 
where sewer connections are available. 
Section 3. Public Toilets. All toilets used by guests or patrons 
of any public place or place of business must at all times be kept 
clean and free from dirt and filth, and the person, persons, firm, or 
corporation conducting such public place or place of business shall 
be responsible for the observance of this regulation. It shall be the 
duty of the local or county health officer or his assistant to see that 
this regulation is enforced. 
Regulation 50. Disposal of Animal Manure. No person shall 
dispose of any manure into any street, alley, or other highway within 
one-half mile of any house used as a residence. No person shall 
permit any manure to remain within 500 feet of any house used as 
a residence, located in an organized village or city, for a longer 
period than one week, unless such manure is contained in a fly-proof 
receptacle. 
MISCELLANEOUS REGULATIONS 78 
STATE OF NORTH DAKOTA 
Regulation 51. Public Health Nursing. Section 1. All public 
health nurses, including city school nurses, county school nurses, 
community welfare nurses, etc., doing work within the State of 
North Dakota shall be under the immediate control and supervision 
of the local boards of health where the services are being rendered 
and as such under the direct control of the State Department of 
Health, and subject to such rules and regulations of said State De- 
partment of Health as may from time to time become effective. 
It shall be the duty of the State Health Officer to direct the State 
Public Health nursing program; to require regular, adequate, and 
uniform reports; and to assist all efforts in the field to improve the 
quality of the service. 
Section 2. All public health nurses, including city school nurses, 
county school nurses, community welfare nurses, etc., before enter- 
ing on their duties as such within the State of North Dakota, shall 
procure from the State Health Officer a permit, certifying to their 
registration within the State of North Dakota as a member of the 
North Dakota Nursing Association, individual training, qualifica- 
tions, and fitness for such position, and of having had special public 
health nursing training satisfactory to the State Health Officer. 
Provided, however, that all those who are engaged as public health 
nurses within the State of North Dakota shall be granted a permit 
if applied for within six months from the date of publication of this 
regulation. 
Regulation 52. Standard Railway Sanitary Code. Hereafter 
contractors and other persons who may establish an industrial camp 
or camps, for the purpose of logging or any like industry, or for the 
purpose of construction of any road, railroad, or irrigation canal, 
or other work, or any other temporary or permanent industrial camp 
of whatsoever nature, shall report to the State Health Official con- 
cerning the location of such camp or camps and shall arrange such 
camp or camps in a manner approved by the State Health Official, 
so as to maintain good sanitary conditions, and shall at all times 
keep such camp or camps in a sanitary condition satisfactory to the 
State Health Official. The rules governing construction camps con- 
tained in the Standard Railway Sanitary Code, which are a part of 
this Regulation, shall govern all camps unless otherwise specified. 
Note: The Railway Sanitary Code is published separately. Copy 
will be sent on application. 
CONTROL AND SUPPRESSION OF VENEREAL DISEASE 
Regulation 54. Rules and Regulations for the Control and Sup- 
pression of Venereal Disease. 
Rule I. Venereal Disease Dangerous to Public Health. The 
State Department of Health finds the following diseases, namely— 
syphilis, gonorrhea, and chancroid—are communicable and danger- 
ous to the public health. PUBLIC HEALTH LAWS 
79 
Rule 2. Prostitution a Prolific Source of Venereal Disease. 
Prostitution is hereby declared to be a prolific source of venereal 
disease and the repression of prostitution is hereby declared to be a 
public health measure. 
Rule 3. Venereal Disease to be Reported. By Whom to Whom. 
Every physician, nurse, attendant, druggist or pharmacist, dentist, 
superintendent or principal directing officer of a hospital, jail, asy- 
lum, home or similar institution, or other person having knowledge 
of a known case of venereal disease shall, within twenty-four hours 
of such knowledge of such known or suspected case coming to his 
notice, report same to the State Department of Health. 
Rule 4. Form of Report. Such reports shall be on forms pre- 
pared and furnished by the State Department of Health. 
Rule 5. Report of Termination of Case. Upon the termination 
of treatment of any case of venereal disease the attending physician 
shall report the fact to the State Department of Health, giving the 
name, the date upon which the case was terminated, and upon what 
grounds the case was terminated, (i.e., cured, transferred to an- 
other physician, dismissed uncured or died, etc.). If the diseased 
person discontinues treatment without permission and is still un- 
cured, the name and address of such person shall be reported to the 
State Department of Health. 
Rule 6. Hospitals and Institutions. For the purpose of control- 
ling and suppressing venereal disease, the State Department of 
Health and through its authorized agents may inspect hospitals, dis- 
pensaries, charitable and penal institutions, all of the records of 
diseases treated and laboratory examinations made. 
Rule 7. Record Kept by Druggists. Reports Required. Every 
druggist, pharmacist, or other person who sells any drugs, specific, 
compound, or preparation of any kind for the cure or treatment of 
venereal diseases shall keep a record of name, address, color, and 
sex of person making such purchase, together with the name and 
description of the articles purchased, and shall make a report 
thereof within 24 hours to the State Department of Health on forms 
provided for that purpose. In case, however, a person presents a 
prescription issued by a legal practicing physician for such drugs 
or remedies, then the record kept by such druggist, pharmacist, or 
other person and the report thereof shall show the name of the 
physician who issued the prescription, the name and address of the 
patient, and the date of the prescription. Such record shall at all 
reasonable times be open to the inspection of the local health auth- 
orities and the State Department of Health. 
Rule 8. Reports Confidential. All information and reports con- 
cerning persons infected with venereal disease shall be confidential 
and shall be inaccessible to the public. 
Rule 9. Rules and Circular of Information. Every physician 
and every person who treats a person afflicted with venereal dis- 80 
STATE OF NORTH DAKOTA 
ease shall give to such diseased person a circular of information and 
advice concerning venereal disease, furnished or approved by the 
State Department of Health. 
Rule 10. Change of Physician. A physician upon being applied 
to for treatment by a venereally diseased person shall inquire of and 
ascertain from such person if he has previously consulted with or 
been treated by another physician for the disease with which he is 
afflicted; and, if so, the physician now applied to shall: 
(a) ascertain the name and address of the physician pre- 
viously consulted; and 
(b) report the case to the State Department of Health as 
provided in these rules, noting on such report the fol- 
lowing: “Transfer case from Dr , (giving 
the name of the physician previously consulted).” 
Nothing in these rules shall be construed to prohibit a 
diseased person from transferring from one physician 
to another. Such transfer may be made at any time in 
accordance with the provisions of this rule. 
Rule 11. Application of Diseased Person to Health Authorities 
for Diagnosis. Any person being treated for venereal disease who 
may suspect an incorrect diagnosis of his disease, or who may have a 
suspicion that he is being continued under treatment an unneces- 
sary period of time, or who has been threatened that his identity 
will be revealed if he discontinues treatment may apply to the local 
health authorities of the State Department of Health for examina- 
tion and advice, or he may transfer to another physician in accord- 
ance with the provisions of Rule 10. 
Rule 12. Exposure of Other Persons to Infection Prohibited. 
Any person having a known or suspected venereal disease is pro- 
hibited from inoculating any other person with venereal disease, and 
such person shall not perform or commit any act which exposes any 
other person to inoculation of or infection with any venereal disease. 
Rule 13. Reports by Local Health Authorities to Overseer of 
Poor. When. Upon being advised of a case of venereal disease in 
any person who is unable to pay for the necessary medicines, medi- 
cal attention, or hospital care, local health authorities shall report 
the case to the overseer of the poor, who shall supply medicine, 
medical attention, and hospital care to such person. 
Rule 14. Rules for Isolation. Control and Quarantine. All cases 
of venereal disease are subject to the following rules of isolation, 
control, and quarantine: 
(a) Whenever, in the opinion of the physician responsible 
for the conduct of the diseased person or health officer, isolation is 
necessary to protect the public health, to isolate such diseased person. 
(b) The physician or health officer shall exercise diligence 
to see that the diseased person shall not expose others to infection. PUBLIC HEALTH LAWS 
81 
(c) The diseased person shall not during the period of in- 
fectiousness be employed or engaged in any of the following occu- 
pations: 
(1) In the preparation, manufacture, or handling of 
milk, milk products, or food stuffs: 
(2) In any milk products or food manufacturing or food 
handling establishment; 
(3) In the care or nursing of children or of the sick; 
(4) In any occupation the nature of which is such that 
infection may be imparted to others. 
(d) Whenever possible cases of venereal diseases shall be 
removed to a hospital for treatment. 
(e) The period of control and treatment in all cases shall 
be as follows: 
(1) Gonorrhea: Female: All cases to be kept under con- 
trol and treatment for a minimum period of one month and there- 
after until at least three consecutive negative smears, taken at in- 
tervals of not less than 24 hours, are obtained from the cervix, 
vagina, and urethra. 
Male: All cases to be kept under control and treatment 
for a minimum period of one month and thereafter until at least 
three consecutive negative smears, taken at intervals of not less 
than 24 hours, are obtained from the urethra following the massage 
of the prostate. 
(2) Syphilis: All cases to be kept under control and 
treatment for a minimum period of one year, and thereafter until 
all lesions of the skin and mucous membrane have healed, and a 
negative Wassermann reaction is obtained. (In event of persistent 
positive Wassermann reaction following a reasonable period of ap- 
proved treatment, the facts of such case shall be presented to the 
State Department of Health, for a special ruling on the disposition of 
the case.) 
(3) Chancroid: Until all lesions are fully healed and a 
negative Wassermann test is obtained. 
(f) No prostitute, suspected prostitute, or habitual associate 
of prostitutes shall be released from control or quarantine until such 
control or quarantine has been terminated by order of the State 
Department of Health. For the purpose of determining when con- 
trol or quarantine may be terminated, the necessary smears or 
specimens of blood, or both as the case may require, taken by the 
State Department of Health or its specially authorized agent, shall 
be submitted to the State Public Health Laboratory for examination. 
(g) No private patient under treatment of a physician for 
a venereal disease shall be pronounced cured (non-infectious) and 
released from control until it has been definitely determined by 
laboratory examination made by a laboratory approved by the 
State Department of Health that the period of infectiousness as es- 
tablished in this rule, (Sections e (1) (2) (3) ) have elapsed. 82 
STATE OF NORTH DAKOTA 
Rule 15. Enforcement by Local Health Authorities. In addition 
to the other duties prescribed by these rules, the local health auth- 
orities shall: 
(a) Use every available means to ascertain the existence of 
venereal disease, and to investigate all cases reported. 
(b) Ascertain, so far as possible, the source of infection and 
all persons exposed to the same. 
(c) Make examinations of persons reasonably suspected of 
having venereal diseases. (Owing to the prevalence of such diseases 
among prostitutes and persons associated with them, all such persons 
may be considered within the above class.) 
(d) In making examinations of females for the purpose of 
ascertaining the existence of venereal diseases, to appoint, when re- 
quested by the person examined, women physicians, where the ap- 
pointment of such women physicians is practicable and feasible. 
(e) Cooperate with proper officials whose duty it is to 
enforce the laws against prostitutes and otherwise use means for 
the suppression of prostitution. 
(f) Keep all records pertaining to inspection and examina- 
tion in files not open to public inspection and to make every reason- 
able effort to keep secret the identity of those affected by venereal 
disease so far as may be consistent with the public health. 
(g) Report to the State Department of Health on forms 
provided for that purpose. 
Rule 16. Placarding. When Permitted. The following premi- 
ses may be placarded: 
(a) Premises used for immoral purposes when such premises 
are known to harbor a person afflicted with venereal disease. 
(b) Premises where the diseased person cannot be isolated 
or controlled. No placard shall be placed on either of the above 
described premises unless the diseased person will not consent to 
removal to a hospital or sanitarium during the period of infectious- 
ness. 
Rule 17. Certificate of Freedom from Venereal Disease. No 
physician, local health authority, or other person shall issue a cer- 
tificate of freedom from venereal disease to any person known to be 
or suspected of practicing prostitution. 
Rule 18. Removal From One Health Jurisdiction to Another. 
No person having venereal disease shall move or oe moved from 
one health jurisdiction to another without first securing permission 
to do so from the local health authorities of the place from which 
removal is to be made or from the State Department of Health. 
Such permission may be granted under the following conditions: 
(a) The object of the proposed removal shall be deemed 
by the issuing health officer as urgent and legitimate and not for 
the purpose of relieving one community of an undesirable burden 
at the expense of another. PUBLIC HEALTH LAWS 
83 
(b) Removal can and will be made without endangering 
the health of others, either in transit or at destination. 
(c) The patient agrees to report in person to the local health 
authorities immediately upon arrival at destination, or agrees to 
place self under the care of a reputable physician (to be named in 
the removal permit) on arrival at destination, and the attending 
physician assumes responsibility for fulfillment of this agreement. 
(d) Removal shall not begin within 24 hours after notice 
of removal has been forwarded by first class mail to the health of- 
ficers at the proposed destination of the venereally infected person, 
which notice shall be made out and signed by the health authority 
granting permission for removal. 
Rule 19. Definitions. The following words and phrases as used 
in these rules shall be defined as follows: 
“Venereal Disease” (a) Syphilis; (b) gonococcus infections; or 
(c) chancroid. 
“Prostitute” a person known to be practicing sexual intercourse 
promiscuously. 
“Diseased Person” one infected or suspected of being infected 
with venereal disease. 
Rule 20. Giving False Information. It is a violation of these 
rules for any diseased person or for any physician, drugless healer, 
pharmacist, dentist, hospital superintendent, attendant, nurse, or 
other person of whom information is required by these rules to 
give knowingly an incorrect name and address or to impart any 
false information. 
Regulation 55. Embalming, Undertaking and Transportation of 
the Dead. Note: These rules and regulations are published separ- 
ately. Copy will be sent upon application. 
WATER, SEWERAGE AND REFUSE DISPOSAL 
Regulation 56. Regulations Governing Water, Sewerage and 
Refuse Disposal. 
Section 1, Quality of Water. No supply of water furnished to 
people in the state for general use shall contain bacteriological, chem- 
ical, or physical impurities which shall injuriously affect or tend to 
affect public health. It shall satisfy the bacteriological standards of 
the United States Public Health Service for waters used by the pub- 
lic on interstate common carriers. The source of water supply, the 
location, and construction features, and the method of distribution 
shall be satisfactory according to a sanitary survey. Any water 
supply falling below these requisites shall be either improved in 
order to fulfill the standards or discontinued. 
Section 2. Disposal of Sewage. No sewage shall be placed, or 
permitted to be placed, discharged, or permitted to flow into any of 
the waters of the state except as hereinafter provided. This regu- 
lation shall not prevent the discharge of sewage from any public 84 
STATE OF NORTH DAKOTA 
sewer system owned and maintained by a municipality or sewerage 
company, provided such sewer system was in operation and was 
discharging sewage into the waters of the state on January 1, 1920; 
but this exception shall not permit the discharge of sewage from 
any sewer system that shall have been extended subsequent to the 
aforesaid date, nor shall it permit the discharge of any sewage which, 
upon investigation by the State Department of Health, shall be 
found to be polluting the waters of the state in a manner prejudicial 
to the health and comfort of its inhabitants. Whenever complaint 
shall be made to the State Department of Health of the pollution 
or of the polluted condition of any of the waters of the state or 
whenever the State Department of Health shall have reason to 
believe that any of the waters are being polluted in a manner pre- 
judicial to the health and comfort of any of its inhabitants, it shall 
be the duty of the State Department of Health to make an investi- 
gation covering the pollution or the polluted condition. Whenever 
an investigation shall be undertaken by the State Department of 
Health, it shall be the duty of any organization or person concerned 
in such pollution to furnish upon request to the State Department of 
Health, such information as may be required as to the amount and 
character of the polluting material discharged into the said waters 
by such organization or person. If the State Department of Health 
shall find that any of the waters of the state have been or are being 
polluted in a manner prejudicial to the health and comfort of its 
inhabitants, the State Department of Health shall have the authority 
to make an order requiring such pollution to cease within a reason- 
able time, or requiring such manner of treatment or of disposition 
of the sewage or other polluting material as may in its judgment 
be necessary to prevent the future pollution of such waters, or both. 
And it shall be the duty of the organization or person to whom such 
order is directed to fully comply with the said order of the State 
Department of Health. If the organization or person shall consider 
the requirements of the said order to be illegal, unjust, or unreason- 
able, an appeal therefrom within 30 days after the making of the 
order can be made to the district court of the county in which the 
pollution or polluted condition occurs; and the said court shall hear 
the said case without delay, and shall render a decision approving, 
setting aside, or modifying the said order, or fixing the terms upon 
which said permit shall be granted, and stating the reasons therefor. 
Sewage is a combination of the liquid wastes conducted away 
from residences, business buildings, and institutions, together with 
those from industrial establishments; and with such ground, sur- 
face and storm water as may be present. 
By the term “organization” in this regulation is meant munici- 
pality, company, corporation, or institution. 
Section 3. Care and Disposal of Refuse and Garbage. No house 
refuse, offal, garbage, dead animals, decaying vegetable matter, or 
organic waste matter of any kind shall be thrown upon any street, PUBLIC HEALTH LAWS 
85 
road, or public place; and no such refuse, decaying animals, or vege- 
table matter shall be kept in any house, cellar, or adjoining outhouses 
or premises in any incorporated or unincorporated city, town, vil- 
lage or built-up community for more than 48 hours from May 1 to 
Oct. 31 and not longer than four days from Nov. 1 to April 30. All 
receptacles for such garbage, etc., shall be so constructed as to be 
of sufficient dimensions for the reception of all garbage, shall be 
water-tight, shall be made of tight-matched lumber or galvanized 
iron, shall stand at least nine inches from the ground, and shall be 
provided with a suitable cover which must be kept properly adjusted 
to the same, so as to protect the contents from flies, insects, rats, 
and animals or vermin. All garbage or refuse containers shall have 
their contents emptied at least once every 48 hours. 
Section 4. Filling in of Land. No filling in or making of land 
by the dumping of rubbish or other material shall be done within, 
or in the vicinity of, any incorporated or unincorporated city or 
town limits unless approved by the health officer having jurisdic- 
tion. 
Section 5. Exemption. Cities having in force ordinances for 
the disposal of refuse and garbage equivalent to those demanded 
by the State Department of Health are not affected by these rules. 
Section 6. Submission of Plans for Approval. No system of 
water supply, sewage or refuse disposal for public use in the state, 
which affects or tends to affect public health shall be installed, nor 
shall any such existing system be materially altered or extended, 
until complete plans and specifications for the installation, altera- 
tion, or extension, together with such information as the State De- 
partment of Health may require, have been submitted in triplicate 
and approved by the State Department of Health so far as relates 
to their sanitary features. All construction shall take place in ac- 
cordance with the plans as approved, whether with or without modi- 
fication. Whenever any governing body having charge thereof shall 
determine that there shall be any material change in the plans, con- 
struction, or operation of any such system, such governing body 
shall submit to the State Department of Health a detailed statement 
of such action or such contemplated changes before it shall enter 
upon the making of such changes or enter into any contracts there- 
for or any part thereof, and then such changes shall be made only 
after approval by the State Department of Health as to all matters 
liable to affect public health. 
Section 7. Submission of Plans for Water Supply and Water 
Treatment Works. Plans nn triplicate shall be submitted to the 
State Department of Health for examination at the earliest possible 
date prior to the date upon which action by the department is de- 
sired. From this it is not to be inferred that action by the de- 
partment will always be taken within the time mentioned. 
Plans shall be accompanied by three copies of specifications and 
three copies of an engineer’s report on the project. 86 
STATE OF NORTH DAKOTA 
On approval, one set of the plans, the specifications, and the 
engineer’s report will be retained for the files of the State Depart- 
ment of Health; one set will be delivered to the organization for 
which the work is to be done; and the third set will be returned to 
the engineer. 
Section 8. Information Required. The plans for a complete 
water supply and water system shall consist of the following parts: 
(a) A general plan of the municipality or district, showing 
the proposed system. 
(b) Detailed drawings showing the construction of any spe- 
cial structures in the distribution system. 
(c) General and detailed plans for the water treatment 
works. 
(d) A comprehensive report upon the proposed system by 
the designing or consulting engineer. This report to be typewritten 
on letter-size paper, and the sheets are to be firmly bound together. 
(a) The general map referred to in Section 8 shall be drawn 
to a scale not greater than 100 nor less than 300 feet to one inch, 
covering the entire area of the municipality or district to be sup- 
plied with water, and shall accompany each application in the case 
of a new water system, or any extension or modification of any 
water supply or water treatment system, unless such a general plan 
of the entire area has been previously submitted. 
If the municipality is greater than two (2) miles in length, the 
map may be divided into sections, conforming in size to those men- 
tioned in Section 10. The sheets shall be bound together and a small 
index map supplied, showing by number the area covered by the 
various sheets. 
(b) Details of Map. This map shall show all existing or 
proposed streets, the surface elevations of all street intersections, 
and the elevations of the principal parts of the water system, such 
as water at the intake, in the reservoir or standpipe, etc. The map 
should show that water supply facilities can be provided for all 
sections of the municipality or district, even though the construction 
of pipe lines in some of the streets is to be deferred indefinitely. 
The location of intakes, valves, hydrants, reservoirs, pumps, stand- 
pipes, the purification plant, and any special structures shall be 
shown and referenced in a legend near the title. The size of pipes 
shall be written between the street lines and along the pipe. The 
map shall also show the true or magnetic meridian, title, scale, date, 
the municipal or district boundaries, and the mean, low and high 
water elevations of water at the intake. If the site of the pumping 
plant is subject to flooding, the elevation of the highest known flood 
water must be given. 
(c) Letters and figures shall be clearly and distinctly made. 
Pipe lines to be built at present shall be shown by solid lines and 
those to be later constructed shall be shown by broken lines. All 
Section 9. General Plan. PUBLIC HEALTH LAWS 
87 
topographical symbols used are to be the same as those used by the 
United States Geological Survey. 
(d) The elevations of the street intersections shall be placed 
outside of the street lines in the upper right hand angle or oppo- 
site their respective positions in the street. 
(e) Detail drawings of all special appurtenances, such as 
blow-offs, siphons, intakes, conduits, reservoirs, collecting galleries,, 
filters, etc., shall be submitted. 
(f) Profiles of long conduits or pipe lines may be plotted 
to a convenient scale and shown on sheets of the sizes mentioned 
below. 
Section 10. Treatment Works General Plans. 
(a) The plans for the treatment works shall consist of a 
general plan upon which reserve areas or future extensions must 
be shown and also the general layout of the various units of the 
process, together with the piping system. 
(b) The detail drawings shall include longitudinal and trans- 
verse sections sufficient to show the construction of each unit and 
part of the plant. They shall also show the distributing, drainage, 
and cleansing systems, the general arrangement of any automatic 
devices, the sizes and depth of stone gravel or sand used for filter- 
ing material, and such other information as is required for the 
intelligent understanding of the plans. 
(c) All drawings submitted shall be neatly and plainly ex- 
ecuted and may be traced directly on tracing cloth, printed on 
transparent cloth, or printed on any of the various papers which 
give distinct lines. 
(d) The following dimensions are suggested for ordinary 
use, with the exception of the general map: Distance from top to 
bottom, 20 or 30 inches; length, 24 inches, 32 inches, 40 inches, 48 
inches or thereabouts. By this section it is intended to prevent the 
use of unnecessarily long or large maps, which are difficult to file 
or to use. 
(e) Each drawing shall have legibly printed thereon the 
name of the municipality or persons for whom the drawings are 
made, the name of the engineer in charge, the date, the scale and 
such references in the title as are necessary for the complete under- 
standing of each drawing. 
Section II. Engineer’s Report. A report, written by the de- 
signing or consulting engineer, shall be presented with all plans 
for complete systems, and shall give all data upon which the design 
is based or which is required for the complete understanding of the 
plans. 
Where a purification or treatment plant is to be constructed, a 
measuring device shall be provided at some convenient point, and 
the installation of a recording device is recommended, and in par- 
ticular instances may be required. 88 
STATE OF NORTH DAKOTA 
Section 12. Wells and Collecting Galleries. If the water supply 
is to be taken from wells, description shall be given of the number, 
depth, size and construction of the same, the method of pumping, 
the capacity of the pumps, the kind of strainer used, the nature of 
ground through which wells will be driven, and the probable flow 
of the wells. If collecting galleries are to be used, their construction 
shall be described. 
Section 13. Information Concerning Treatment Plant. The fol- 
lowing information concerning the treatment plant is required: The 
method of treatment and a description of the units of the system; 
the rate of operation of each of the systems; the rate of operation 
of each unit of the plant; if any chemicals are used, the nature and 
quantity of each with a description of the appliances for adding the 
same to the water; a description of all conditions which are pecu- 
liarly characteristic of the water or locality and which in any man- 
ner affect the design or operation of the system; a description of all 
special appliances used, any special methods of maintenance or oper- 
ation of the plant, and the extent of treatment expected or guar- 
anteed. 
The report should further include a description of the nature and 
extent of the area to which it is proposed to supply water, or which 
will ultimately be supplied from the system, the quantity of water 
to be supplied daily, and the population to be served, the portion 
of the system to be constructed at present, and the minimum depth 
of pipe below the surface of the ground. A description of any pro- 
vision for future units of pumping plants, filters, etc., should be 
given. 
Section 14. Unsupplied Districts. Should there be areas in the 
municipality or districts which, on account of topography or for 
other reasons, cannot be supplied with water, a definite statement 
to this effect must be made and the probable future supply of this 
omitted territory should be discussed. 
Section 15. Specifications. Specifications and an estimate of 
the cost for the construction of water supply and water treatment 
systems shall accompany all plans for new or original systems. 
Section 16. Extensions to or Modifications of Present Systems. 
If the plans are solely for the extension to or modification of the 
existing system, only such information as is necessary for the com- 
prehension of the plans will be required. This information shall in 
general conform to the above requirements for a complete system. 
Section 17. General Requirements. Application for Approval. 
The application for approval of plans shall be made by the proper 
municipal authorities, persons for whom the work is to be done, or 
their properly authorized agents. Blank forms for the applications 
will be supplied by the State Department of Health. 
Section. 18. Samples of Water to be Analyzed. The State De- 
partment of Health will collect and analyze at regular intervals 
samples from all public water supplies. Requests for the analysis PUBLIC HEALTH LAWS 
89 
of the special samples should be made to the department in writing, 
as samples will not be examined unless collected according to regu- 
lations of the State Department of Health. 
Section 19. Approval of Plans. Preliminary rejection of plans 
or suggested changes will generally be taken up with the engineer 
designing the system. Final approval or rejection will be indicated 
on each sheet of the plans and profiles, and in a letter on the pro- 
ject as a whole. Copies of said letter will be sent to the engineer 
and to the mayor or other executive of the city, village, or institu- 
tion for which the system or plant is designed. 
Section 20. Submission of Plans for Sewerage Systems and 
Sewage Treatment Works. 
Plans in triplicate shall be submitted for examination at the 
earliest possible date prior to the date upon which action by the 
department is desired. From this it is not to be inferred that action 
by the department will always be taken within the time mentioned. 
Plans shall be accompanied by three copies of the specifications 
and three copies of an engineer’s report of the project. 
On approval, one set of the plans, the specifications, and the en- 
gineer’s report will be retained for the files of the State Department 
of Health, one set will be delivered to the organization for which the 
work is to be done; and the third set will be returned to the engi- 
neer. 
Section 21. Information Required. The plans for a complete 
sewerage and sewage treatment system shall include the following: 
(a) A general map of the municipality or sewage district. 
(b) Profiles of all sewers proposed. 
(c) Details of construction of manholes, flush tanks, and 
special structures pertaining to the sewers. 
(d) General and detailed plans for disposal works. 
(e) A comprehensive report upon the proposed system by the 
designing or consulting engineer. This report is to be typewritten 
on lettersize paper, and the sheets are to be firmly bound together. 
Section 22. Map or General Plan. 
(a) The general plan referred to in Section 21 shall be 
drawn to a scale not greater than 100 nor less than 300 feet to one 
inch and shall show the entire area of the municipality or district. 
If the municipality is greater than two (2) miles in length, the map 
may be divided into sections, conforming in size to those mentioned 
in Section 26. The sheets shall be bound together and a small 
index map supplied, showing by number the area covered by the 
various sheets. A general plan shall accompany each application for 
a new sewer system or for any extension or modification of any 
existing sewer system, unless such general plan has already been 
submitted. 
(b) This plan shall show all existing or proposed streets 
and the surface elevations at all street intersections. 90 
STATE OF NORTH DAKOTA 
If it is intended to defer the construction of sewers in some of 
the streets, the plan shall show that sewerage facilities are provided 
for all such sections of the municipality or sewerage district. The 
plans shall also clearly show the location of all existing sewers, 
either “separate” or “combined,” and the location of existing and 
proposed sewer outlets or overflows. The true or magnetic merid- 
ian, the town or borough lines, title, date, scale, direction of flow, 
and average water elevation of the stream shall also be clearly 
shown. The elevation of the highest known freshets at the out- 
lets and site of the disposal plant shall be given. Any area from 
which sewage is to be pumped shall be shown by light shading, 
coloring, or other distinctive marks. 
(c) Letters and figures shall be clearly and distinctly made. 
Sewers to be built at present shall be shown by solid lines, and 
sewers to be constructed later shall be shown by a line of dashes, as 
. Existing sanitary sewers shall be shown by the fol- 
lowing symbol, , and combined sewers by dot and dash, 
. All topographical symbols are to be the same as 
those of the United States Geological Survey. 
(d) Elevations of the surface of the streets should be placed 
outside the street lines in the upper right angle or opposite their 
respective positions in the street. The elevations of sewer inverts 
should be shown at street intersections, ends of lines, and wherever 
a change of grade occurs. The elevations of the sewer shall be 
written close to the point to which they refer, parallel with the 
sewer line, and between the street lines. The elevations of surface 
shall be shown to the nearest 1-10 foot; those of the sewer invert 
shall be shown to the nearest 1-1000 foot. The sizes and gradients 
of all proposed and existing sewers shall be marked along the line 
of the sewer. 
(e) All sewer appurtenances and unusual features, such as 
manholes, flush tanks, siphons, pumps, etc., shall be designated on 
the plans by suitable symbols and referenced by a legend near the 
title. 
Section 23. Profiles. Profiles of all sewers where gradients 
less than that given below are used shall accompany the applica- 
tion. Profiles of all sewers must be approved before they are con- 
structed. 
Profiles of sewer lines shall be prepared and drawn to such a 
scale as to clearly show the structural features of the sewer. For 
ordinary use, the following scales are suggested: Vertically, 10 feet 
to one inch; horizontally, 100 feet to one inch. Both scales must be 
clearly shown upon each sheet. Upon these profiles shall be shown 
all manholes, flush tanks, siphons, and stream crossings, with eleva- 
tions of stream bed and normal water. Figures showing the sizes 
and gradients of sewers, surface elevations, sewer inverts, etc., 
should be shown with the same frequency as required for the map. PUBLIC HEALTH LAWS 
91 
Every sewer should be laid to a grade which will produce a 
mean velocity, when the pipe is flowing full or one-half full, of at 
least two feet per second. In computing this velocity by Kutter’s 
formulae, the coefficient of roughness for vitrified claypipe shall 
be taken as — 0.013. The grades for various pipe sizes which are 
necessary to produce this velocity are substantially as shown in 
Table A. 
The grades of the upper two blocks or the first 600 feet of all 
lateral sewers may be less than those shown in Table A only under 
exceptional circumstances where adequate provisions for flushing 
are provided; in no case shall the grades be less than those shown 
in Table B. 
The grades of lateral sewers two or more blocks, or 600 feet 
from the upper end, and of all trunk sewers may under exceptional 
circumstances be less than those shown in Table B. In such cases, 
good reasons for using lower grades shall be submitted in writing 
with the plans. Engineers are cautioned not to specify pipes of sizes 
which are obviously larger than is necessary for satisfactory carry- 
ing capacity but which are specified in order to meet grade re- 
quirements. 
Table A 
Size of Pipe Grade 
(Nominal inside diameter) (Fall in feet per 100 
feet of sewer) 
6-inch 0.60 
8-inch 0.40 
10-inch 0.30 
12-inch 0.22 
Table B 
6-inch 0.33 
8-inch 0.25 
10-inch 0.23 
12-inch 0.20 
15-inch 0.16 
18-inch 0.12 
20-inch 0.10 
24-inch 0.08 
These grade requirements do not apply to outfall sewers from 
sewage treatment plants where the sewers normally carry a clari- 
fied or completely treated sewage. 
Where a pipe sewer is increased in size, the invert of the larger 
pipe should be lower than the invert of the smaller pipe by not less 
than one-half the difference in their vertical diameters. 
Section 24. Detail Plans. Detail drawings of sewer sections, 
except where terra cotta or iron pipe is used, and of all sewer ap- 
purtenances, such as manholes, lampholes, flush tanks, inspection 
chambers, siphons, and any special structures, shall accompany the 
general sewer plans. 92 
STATE OF NORTH DAKOTA 
The detail plans shall be drawn to such a scale as to show suitably 
and clearly the nature of the design and all details, such as man- 
hole frame and covers, iron pipes, valves, gates, etc. 
Section 25. Disposal Works, (a) All drawings submitted shall 
be neatly made and shall include a general plan, upon which re- 
serve areas or future extensions are clearly shown, and detail plans 
of the various units and structures which comprise the plant. 
A weir or other measuring device shall be provided at some con- 
venient point. The installation of a recording device is recommended, 
and in particular instances may be required. 
(b) The detail plans shall show longitudinal and trans- 
verse sections sufficient to explain the construction of each unit. 
They should also show the distributing and drainage systems; general 
arrangement of any automatic device; sizes of stone, gravel or sand 
used as filtering material; and such other information as is required 
for the intelligent understanding of the plans. 
Section 26. Drawings, (a) All drawings submitted shall be 
neatly and plainly executed and may be traced directly on tracing 
cloth, printed on transparent cloth, or printed on any of the various 
papers which give distinct lines. All prints shall be clear and 
legible. 
(b) With the exception of the map, the following dimensions 
are suggested for ordinary use: Distance from top to bottom 20 or 30 
inches; length 24 inches, 32 inches, 40 inches, 48 inches, or there- 
abouts. By this section it is intended to prevent the use of long 
profiles and unnecessarily large maps, which are difficult to file 
or to use. 
(c) Each drawing shall have legibly printed thereon the 
name of the town or persons for whom the drawing is made, the 
name of the engineer in charge, the date, the scale, and such refer- 
ences in the title as are necessary for the complete understanding 
of each drawing. 
Section. 27. Engineer’s Report. A report written by the design- 
ing or consulting engineer should accompany all plans for complete 
sewerage systems and shall give all data upon which the design is 
based, such as: 
(a) Information Concerning Sewer Systems. 
(1) The nature and extent of the area which is pro- 
posed to be included within the present system of sewage, and of 
the area which is planned to drain ultimately into this system. 
(2) The estimated per capita daily flow of sewage to be 
cared for. 
(3) The population to be served, that at the present 
time and that estimated for 25 years hence. 
(4) The total and per capita water consumption of the 
town at the present time. 
(5) The allowance made for leakage into the sewers. 
(6) The estimated daily flow of sewage, including leaks. PUBLIC HEALTH LAWS 
93 
(7) The character of the sewage, (whether domestic or 
including manufacturing wastes. In case of the latter, the nature 
and approximate quantity of the same shall be stated in specific 
terms). 
(8) Method of flushing or periodically cleaning the 
sewers. 
(9) That portion of the sewers to be built at the present 
time. 
(10) The minimum grades of sewers for each size used. 
(11) If there are sections which cannot drain into this 
system, the extent of such sections and the probable future dispo- 
sition of the sewage from these sections shall be given. 
A list of bench marks or fixed elevations should be in- 
cluded in this report. 
(b) Information Concerning Treatment Plant. With regard 
to the treatment plant, the engineer’s report shall cover the follow- 
ing subjects: 
(1) The method of treatment to be adopted and a de- 
scription of the units of the system. 
(2) The rate of working of such unit. 
(3) If disinfection is to be used, the name of the disin- 
fecting substance, the quantity per million gallons of sewage, and 
the method of application. 
(4) The nature of the body of water into which the efflu- 
ent discharges, with particular reference to the run-off during dry 
weather. 
(5) The disposal of sludge. 
(6) All conditions peculiarly characteristic of the local- 
ity and which in any way affect the design of the system. 
(7) Special devices used in connection with the treat- 
ment system. 
(8) Special methods of maintenance or operation of the 
system. 
(9) The results expected from the purification system. 
(10) Explain any provisions for reserve units in pump- 
ing plants, pipe lines, filters, etc. 
Section 28. Specifications and Estimate of Cost. Specifications 
for the construction of the system of sewers and sewage treatment 
works and an estimate of the cost of the same shall accompany all 
plans for new or original systems. 
Section 29. Extensions to or Modifications of Present Systems. 
If the plans are solely for the extension to or modification of an 
existing system, then only such information as is necessary for the 
comprehension of the plans will be required. This information must 
in general conform to the above requirements for a complete system. 
Section 30. General Requirements. Application for Approval. 
The application for approval of plans shall be made by the proper 
municipal authorities, persons for whom the work is to be done, or 94 
STATE OF NORTH DAKOTA 
their properly authorized agents, upon blank forms which will be 
supplied by the State Department of Health. 
Section 31, Systems on Separate Plan. Under ordinary circum- 
stances the State Department of Health will approve such plans 
only when designed upon the separate plan in which all rain water 
from roofs, streets, and other areas and all ground water, other than 
unavoidable leakage, is to be excluded. 
Section 32. Samples of Sewage to be Analyzed. The State De- 
partment of Health will collect and analyze samples of sewage from 
all public sewer systems at regular intervals. 
Section 33. Approval of Plans. Preliminary rejection of plans 
or suggested changes will generally be taken up with the engineer 
designing the system. Final approval or rejection will be indicated 
on each sheet of the plans and profiles and in a letter on the sub- 
ject as a whole, copies of which will be sent to the engineer and to 
the mayor or other executive of the city, village, or institution for 
which the system or plant is designed. 
Section 34. Water and Sewer Connections. Whenever any North 
Dakota city or village having power to do so installs or constructs 
a municipal sewer and water plant within its corporate limits along 
any public street or alley, it shall be the duty of every owner or 
occupant of any abutting property, platted into lots and blocks with 
a dwelling house or business property situated therein, to install a 
flush toilet system in said dwelling or business property and to make 
connection thereof with the water and sewer in the street or alley 
adjacent thereto. Said connection shall be made within 30 days 
after written notice is given by the authorized local official to such 
owner or occupant. When the owner or occupant of any property so 
notified in writing shall fail, refuse, and neglect to install a toilet and 
make such sewer and water connection within 30 days and when 
proof of the service of such notice shall fail, such governing body 
may by a resolution direct that a toilet be installed and connection 
made with the sewer and water and that cost of said installation be 
paid in the first instance by the city or village out of the general 
fund of revenue, and the actual cost thereof assessed against the said 
property so benefitted. After such installation and connection is 
completed, there shall be served written notice of such assessment 
and an order directing the owner or his or her representative of 
such property to pay said assessment and within 10 days after the 
service of said written notice to the treasurer of such city or village. 
After proof of such notice and order and proof that the assessment 
has not been paid within said 10 days, the same shall be certified 
to the county auditor for collection as other assessments for bene- 
fits, except that such assessments may be spread over a term of 
three years, if so requested when certified, and shall become a lien 
upon said property until paid. 
Section 35. Penalty for Failure to Make Connection. Any per- 
son who shall in any way interfere with the carrying out of the PUBLIC HEALTH LAWS 
95 
provisions of this section shall be subject to punishment by a fine 
of not less than twenty-five dollars ($25.00) when convicted or more 
than one hundred dollars ($100.00) or to imprisonment in the coun- 
ty jail for not more than three months or by both fine and im- 
prisonment, at the discretion of the trial court. 
Regulation 57. Vital Statistics. The laws governing vital statis- 
tics are sufficient for present needs. 
(THE FOLLOWING RULES AND REGULATIONS NOT OF 
GENERAL INTEREST WILL BE PUBLISHED SEPARATELY.) 
Regulation 58. Sanitation of Barber Shops. 
Regulation 59. Governing Beauty Parlors. 
Regulation 60. Standard Minimum Plumbing Code. 
STERILIZATION OF SECONDHAND GOODS 
Regulation 61. Regulations for the Sterilization of Secondhand 
Mattresses, etc. In order to properly sterilize secondhand mattresses, 
upholstered furniture, feather pillows, comforters, and cushions, or 
contaminated materials used for the filling of these commodities, it 
is provided by law that articles and materials must be sterilized and 
disinfected by a process or processed approved by the State Depart- 
ment of Health. 
The State Department of Health hereby declares and rules that 
the sterilization and disinfection of these articles or materials shall 
be by one of the following methods and under the conditions out- 
lined in such methods: 
Section 1. Steam Under Pressure. By subjecting to steam un- 
der pressure for a period of 15 minutes, the pressure of the steam 
to be a minimum of IVi pounds per square inch and the temperature 
of the steam to be a minimum of 230 degrees F. A properly checked 
steam-pressure gauge and a thermometer, both visible from the out- 
side of the chamber, shall be provided. 
Section 2. Vacuum Chemical Method, (a) Vacuum of not less 
than 27 inches, and (b) to fumes generated by not less than 30 
ounces of formaldehyde and one pound permanganate per 1,000 cubic 
feet for two hours as a germicide, together with four pounds of 
carbon disulphide as an insecticide, (c) Temperature of not less 
than 212 degrees F. shall be maintained during the use of the gas. 
Section 3. Wet Method. Immerse in water maintained at a tem- 
perature of 212 degrees F. for at least 10 minutes, with proper ar- 
rangements for agitation of the material while in the vat, and if 
after disintegration the material will pass through a hole IV2 
inches in diameter. 
Section 4. Dry Heat Method. By subjecting to temperature of 
230 degrees for a period of not less than 30 minutes. When dry 
heat is used, a suitable chamber must be provided and equipped 
with means to keep the hot air in circulation, and thermometers 
must be maintained on the outside of such chamber to show the 96 
STATE OF NORTH DAKOTA 
actual heat inside the chamber. These thermometers must be 
placed one not higher than 12 inches from bottom of chamber and 
one not lower than 12 inches from top of chamber. 
Filthy or badly soiled articles of bedding offered for sale shall 
not be considered properly sterilized unless the fabric covering 
such articles is laundered or replaced by clean or new covering 
and the filling materials subjected to one of the sterilizing methods 
outlined herein. 
Secondhand upholstered furniture presents the same potential 
danger of spreading disease and vermin and comes under the same 
general classification as articles of bedding in which filling mate- 
rials are concerned. The State Department of Health hereby re- 
quires that secondhand upholstered furniture which has been 
or could be used for sleeping purposes before it shall be offered 
for sale for use shall be subjected to sterilization under the same 
condition and restrictions as the other articles named in this reso- 
lution. 
Section 5. Sanitary Requirements. Under the general sanitary 
laws and in order to insure full compliance with these rules, all 
premises, rooms, chamber, etc., used for the purpose of sterilization 
shall be kept in a clean and orderly condition, free from dust, dirt, 
or other filth. Places and vehicles used for the handling, storing, or 
transportation of such articles shall be kept free from vermin by 
the use of an effective insecticidal spray at frequent intervals. 
Section 6. Renovated Secondhand Materials Must be Labeled. 
All mattresses, pillows, comforters, upholstered furniture, etc., con- 
taining secondhand used or renovated materials in any quantity 
must be labeled by the manufacturer in such a way as to leave no 
misunderstanding as to the nature, kind and proportion of materials 
used. The label must show a serial or recorded identification num- 
ber, that the article contains secondhand material, and that it has 
been disinfected in a manner approved by the State Department 
of Health. Such label must be permanently stitched or sewn on 
to the finished article in a conspicuous place. 
Regulation 62. Disinfection of Used Wearing Apparel and Bed 
Clothing. Section 1. No secondhand furniture, bed clothing, wear- 
ing apparel, or any articles, including kitchen equipment and uten- 
sils of every description, ordinarily used in furnishing or decorating 
a home shall be sold, exchanged, or given away by any person, cor- 
poration, or agency without first thoroughly cleaning and disinfect- 
ing the same in a manner prescribed by these regulations or in such 
other manner or equal efficiency approved by the state or local 
health officer. 
Section 2. All secondhand or used wearing apparel, bed cloth- 
ing, and other articles described in these regulations will be deemed 
properly disinfected after being loosely hung in a tight room in 
such a manner as to allow free circulation of formaldehyde gas to 
all surfaces of the material, after which formaline must be evapor- PUBLIC HEALTH LAWS 
97 
ated in the room in the proportion of one quart to 1,000 cubic feet 
of air space and allowed to stand tightly closed for a period of not 
less than 12 hours. The room should then be opened and the mate- 
rial thoroughly aired. 
Section 3. All properly cleaned and disinfected articles de- 
scribed in these regulations when intended for distribution should 
be tied or packed in a bundle of convenient size and labeled, “Dis- 
infected by on at ” 
Name of Agency Date Place 
in a manner prescribed by the laws of North Dakota and the regu- 
lations of the State Department of Health. 
Section 4. All secondhand clothing, bedding, or other materials 
described in these regulations and all storage or distribution depots 
shall be open for inspection at all times by any state or local health 
officer. 
Section 5. No secondhand wearing apparel, bed clothing, or 
other materials mentioned in these regulations shall be accepted or 
shipped into this state or from one point to another within the state 
from localities where any communicable disease exists. 
Section 6. No person, corporation, or agency shall be permitted 
to distribute secondhand or used wearing apparel or bedding without 
first notifying the state or local health departments of the name and 
postoffice address of the person or agency making the distribu- 
tion and the location of the distribution depot. 
OTHER MISCELLANEOUS REGULATIONS 
Regulation 63. Reporting Disease in Outing and Tourist Camps. 
It shall be the duty of any proprietor, employer, superintendent, 
foreman, master, teacher, matron, policeman, town marshal, watch- 
man, or other person in charge of or responsible for the care of any 
industrial, civil training, “settlement,” “fresh air,” outing or tourist 
camp to report to the local health officer any case of reportable 
disease occurring among camp dwellers, campers, employees, or visi- 
tors. 
Regulation 64. Books Exposed to Infection. Library books, or 
books owned by a school shall not be loaned to persons residing in a 
house where anterior poliomyelitis, diphtheria, epidemic meningitis, 
scarlet fever, smallpox, typhoid fever, pulmonary or other form of 
tuberculosis exist, except by written permission of the local health 
officer. 
Upon notification of a case of any of the above mentioned dis- 
eases the health officer shall make inquiry as to the use of library 
or school books. If such books have been exposed to infection, he 
shall notify the library or school authorities, directing what shall be 
done with the books. 
Such books exposed to infection of the above named diseases, 
except tuberculosis, and if not unduly soiled, shall be withdrawn 98 
STATE OF NORTH DAKOTA 
from circulation and use for a period of not less than three months, 
during which period the books shall be subjected to a warm dry 
atmosphere of at least 70 degrees F. combined with as much open 
air and direct or indirect sunlight as possible. 
Books badly soiled by a person having any of the above diseases, 
except tuberculosis, shall be burned unless of unusual value, intrinsic 
or real, justifying special means and expense for disinfection to be 
borne by the owner and to be carried out under the direction of the 
local health officer. 
Books handled by a person having tuberculosis in an infectious 
stage shall be burned or, if of unusual value, disinfected, as sug- 
gested in the preceding paragraph, unless the local health officer is 
satisfied from the nature of the case and the character and habits of 
the individual that withdrawal of the books from circulation and 
use under conditions above specified is sufficient to insure safety. 
Regulation 65. Tuberculosis, Disinfection of Premises. Section 1. 
Infected Premises, Disinfecting. In case of any apartments or premi- 
ses being vacated by death from tuberculosis or by the removal there- 
from of a person or persons sick with tuberculosis, it shall be the 
duty of the person or physician in charge to notify the health officer 
of such town, incorporated village, or city, aforesaid, of said removal 
within 24 hours thereafter, and such apartments or premises to be 
vacated shall not again be occupied until renovated and disinfected 
as hereinafter provided. 
After the place has been vacated, the health officer shall order 
that such premises or apartments and all infected articles therein 
be properly and suitably renovated and disinfected. In case there 
shall be no remaining occupants in such premises or apartments, 
then the health officer shall cause a notice in writing to be served 
upon the owner or agent of the owner of such premises or apart- 
ments, ordering the renovation and disinfection of such premises 
or apartments, under the direction of and in conformity with the 
regulations of the State Department of Health. 
Section 2. Placard to be Posted on Infected Premises. In case 
any orders or directions of the health officer requiring the disin- 
fection of any articles, premises, or apartments, as hereinbefore pro- 
vided, shall not be complied with within 36 hours after such orders 
or directions shall be given, then it shall be the duty of the health 
officer to cause a placard in words and form as follows to be placed 
upon the door of the infected apartments or premises, to wit: 
NOTICE 
Tuberculosis is a communicable disease. These apartments 
have been occupied by a consumptive and may be infected. 
They must not be occupied until the order of the health officer 
directing their renovation and disinfection has been complied 
with. 
This notice must not be removed under a penalty of law ex- 
cept by the health officer or an authorized officer. PUBLIC HEALTH LAWS 
99 
Section 3. Sputum, Saliva, etc. It shall be unlawful for any 
person having pulmonary tuberculosis to dispose of his sputum, 
saliva, or other secretions or excretions so as to cause offense or 
danger to any person or persons. 
Regulation 66. Importation of Parrots, Parakeets, and Other 
Birds of the Psittacine Family. No person, firm, or corporation shall 
import into North Dakota, and no common carrier shall accept for 
shipment into North Dakota, any parrot, parrakeet, love bird, macaw, 
cockatoo, lory, lorikeet, or any other bird of the parrot or psittacine 
family, unless an accompanying certificate has been obtained from 
the state health authority of the state from which shipment is made, 
to the effect that to the best of their knowledge and belief, such bird 
as may be offered for shipment has originated from an aviary or 
other distributing establishment free from psittacosis infection, as 
determined by inspection of birds and the environment in which 
they have been reared and housed, the history of such establishment 
as regards psittacosis infection, supplemented by such laboratory 
examination of birds, selected by a representative of the certifying 
authority, as may be deemed necessary to enable the certifying 
authority to determine that the birds offered for shipment are free 
from psittacosis infection; provided, that no bird of the species above 
mentioned that is under eight months of age shall be offered or 
accepted for importation into North Dakota. 
Certificates accompanying shipment of psittacine birds into North 
Dakota as provided in Section 15 Vi of the United States Public 
Health Service Interstate Quarantine Regulations shall be surrend- 
ered by the common carriers to the health authorities at the destina- 
tion of the shipment, and a copy of such certificate forwarded to the 
State Department of Health at Bismarck. 
Regulation 67. Swimming Pools. No swimming pool used or 
intended for use by the public or by any school, club, organization, 
or institution shall be constructed, nor shall any such swimming 
pool now or hereafter existing, used or intended for such use, be 
materially altered or enlarged until complete plans and specifications 
therefor, together with such further information as the State De- 
partment of Health may require, shall have been submitted in trip- 
licate and approved by the department so far as sanitary features are 
concerned. After such plans have been approved by the State 
Department of Health, no modification affecting the sanitary fea- 
tures thereof shall be made without the approval of the State De- 
partment of Health. No contract for the construction, alteration, 
or enlargement of any such swimming pool shall be let until the 
plans and specifications therefor have been approved as herein 
provided. 
Regulation 68. School Water and Sewerage Systems. Section 
1. School Water Supplies. No school in the state shall install a 
system of water supply or connect to an existing system, nor shall 
present school sanitary systems be materially altered or extended 100 
STATE OF NORTH DAKOTA 
until the approval as to sanitation and public health has been 
secured in writing from the State Department of Health. 
Section 2. School Sewerage Systems. No school in the state 
shall install a sewerage system or sewage disposal facilities or con- 
nect to an existing sewerage system, nor shall present sewerage 
systems be materially altered or extended, until approval as to 
sanitation and public health has been secured in writing from the 
State Department of Health. 
Regulation 69. Sale of Bulk and Bottled Water Supplies In- 
tended for Domestic Purposes. After January 1, 1939, no individual 
company, or corporation shall sell or offer for sale to the public in 
the state, bottled water, or water in bulk, transported by physical 
means, until the source of supply, the equipment and the method of 
handling have been approved in writing by the State Department of 
Health. Provided, that this regulation shall not apply to municipal 
water supplies distributed to the consumers under pressure from a 
water works system approved by the North Dakota State Depart- 
ment of Health. 
Regulation 70. Trailer Camps. The State Department of Health 
is authorized to assist county, city, or district health authorities in 
the formulation of and recommendations for establishing, main- 
taining, and regulating the public health conditions in trailer camps, 
temporary camps, summer camps, construction camps, and the like. 
The personnel and facilities of the department are to be utilized as 
far as practicable in the inspection, ratings, and the establishment 
of policies to regulate the sanitary conditions of such camps. 
Regulation 71. Milk Sanitation. Section 1. It shall be the 
duty of the State Department of Health to work with and assist 
city, county, and district boards of health in inaugurating and con- 
ducting milk sanitation programs. The department shall: 
(a) Study the city milk supplies when requested or agreed to 
by city health officers and city officials, with reports to these of- 
ficials of true conditions and recommendations for the improvement 
of the supplies and correction of defects. 
(b) Assist and advise in the formulation and inauguration of 
local ordinances and in the provision for city inspection and labora- 
tory services for the enforcement of such ordinances. 
(c) Assist in training local inspectors and aiding health offi- 
cers in milk sanitation work and supervision of those in such work. 
(d) Furnish technical assistance beyond that ordinarily avail- 
able from city inspectors, who may not have technical training in 
milk sanitation or general public health engineering. 
(e) Maintain advisory service for dairymen and pasteurization 
plant operators who contemplate new construction or remodeling 
existing plants to insure that such alterations or construction meets 
modern standards and practices. PUBLIC HEALTH LAWS 
101 
(f) Investigate for or with local health officials special condi- 
tions where there is evidence that a milk supply has spread or may 
spread, or cause disease. 
(g) Standardize the milk inspection work of the local health 
departments, according to the program as outlined by the United 
States Public Health Service Milk Ordinance and Code, currently 
in effect. 
(h) Cooperate with and assist out-of-state agencies and health 
departments interested in milk sanitation work in North Dakota 
from a standpoint of interstate supplies. 
Section 2. The United States Public Health Service Milk Ordi- 
nance and Code currently in effect shall be recommended to cities 
as the minimum requirements for satisfactory regulation for the 
production and handling of milk and milk products. 
Section 3. No pasteurization plant, which sells milk or milk 
products for human consumption, shall be constructed, nor shall any 
such existing plant be materially altered or extended, until complete 
plans and specifications for the installation, or extension, together 
with such information as the State Department of Health may re- 
quire, have been submitted in triplicate and approved by the State 
Department of Health so far as relates to their sanitary features. 
All construction shall take place in accordance with the plans as 
approved. 
Regulation 72. Repealing Previous Regulations. All regulations 
heretofore adopted by the State Department of health are hereby 
annulled, the foregoing rules and regulations being declared the rules 
and regulations of the State Department of Health and promulgated 
in accordance with the provisions of the law. 102 
STATE OF NORTH DAKOTA 
INDEX 
Law or 
Regulation Page 
Actinomycosis, reportable *2 59 
Adulteration of food, see: Food 9765, 10206 50, 51, 52 
of medicine, see: Medicine 9741, 9765, 10206 48, 50, 52 
Advertising, false and misleading 9990 51 
Advisory council, see: Public health advisory 
council 396d2 5 
Amebiasis, see: Dysentery *2 59 
Ancylostomiasis, reportable , *2 59 
Animal manure, disposal of *50 77 
Animals, powers of state department of health 400 6 
powers of county boards of health 407 9 
Anthrax, regulations concerning *41 75 
reportable *2 59 
Apothecary, see: Druggist 9758 50 
Appropriations, see: Sheppard-Towner Act 396d5 6 
Asiatic cholera, see: Cholera *2, *41 59, 75 
Baby farming, by midwives 9607 47 
Barber shops, sanitation of 2955 40 
Birth registration, see: Vital statistics ....438, 446, 447, 448 26, 29, 30, 31 
Blindness, see: Infant blindness 3168-’72 42 
Boards of health, see: City, County, State, 
Township, Village, Local 
Books exposed to infection *64 97 
Botulism *2 59 
Brucellosis, see; Undulant fever 75 
Bubonic plague, see: Plague *2, *41 59,75 
Burial, depth of graves for *55 83 
permits for 444 29 
preparation of bodies for *55 83 
regulations concerning 427, 439 18, 26 
supervision of *55 83 
see also: Vital statistics, burial 439 26 
Butchers, certificates of health for 2954a 39 
Calves, for food 10207-10209 52 
Camp sanitation *52 78 
Camps, see: Tourist camps; Trailer camps *63 56, 97 
Candy, adulteration of 9766 51 
Certificates, see: Vital statistics 25 
Certified copies, see: Vital statistics 25 
Chancroid, reportable *2 59 
treatment for *54 78,81 
see also: Venereal diseases 41 
Chickenpox, regulations concerning *30b 68 
reportable *2 59 
Child hygiene, division of 403a2 7 
Cholera, regulations concerning *41 75 
reportable *2 59 
City boards of health, aldermanic, duties of officers 412b 12 
jurisdiction of 3595 12 
meetings of 412a 12 
organization of 411 11 
see also; Local boards of health 16 
City boards of health, commission system 3783 12 
commissioner of, powers of 3820 14 
salary of 3823 15 
* Denotes rules and regulations. Numbers not starred denote statutes. PUBLIC HEALTH LAWS 
103 
Law or 
Regulation Page 
health regulations of 3821 14 
inspection of premises by 3824 15 
ordinances of 3819 14 
reports of, to state department 3826 16 
reports to, by physicians 3825 15 
see also: Local boards of health 16 
City health departments, see: City boards of health 11 
Clothing, infected 430 20 
Coffin sellers, see: Undertakers 83 
Coffins, report of sales *55 83 
Commissioner of health, see; City boards 12 
Common carriers, disinfection of 2957-2959 40 
must comply with federal regulations *29 67 
must require transit permit 455 34 
transportation of dead bodies by *55 83 
Communicable diseases, burial of persons 
dead from 427, *55 18, 83 
death from, to be reported 422 18 
designated *2 59 
exclusion from school for *44 75 
exposure to, unlawful 9786 51 
incubation periods for *15 63 
inoculation for 425a 1, *8 18, 61 
investigation of *8 61 
persons infected with, removal of 428,4183 19,23 
temporary hospitals for 429, 4184 20, 23 
premises infected with, deliveries to *12 62 
quarantine for, see: Quarantine; Isolation 63 
removal of persons sick with 424 18 
reporting of *3 60 
annual reports 176, *6 10, 16, 60 
telegraphic reports *7 60 
to local health authorities *3 60 
to state health officer *5, *6, *7 60 
weekly reports *5 60 
restrictive precautions for *21 65 
vaccination for 425al 18 
Concurrent disinfection, see; Disinfection *24 65 
Conjunctivitis, exclusion from school for *45 76 
reportable *2 59 
Contagious diseases, see: Communicable diseases.... 59 
Coroner, investigation of death by 442 28 
County auditor to supply names of township clerks 457 35 
County boards of health, compensation of 409 11 
duties and powers of 407 9 
general duties of 405 8 
meetings of 406 9 
organization of 404 8 
see also: Local boards of health 16 
County health departments, see: County boards 
of health 8 
County health officers, appointment of 404 8 
duties and powers of 408 9 
general duties of 405 8 
reports of 405 8 
annual reports 176, *6 10, 16, 60 
* Denotes rules and regulations. Numbers not starred denote statutes. 104 
STATE OF NORTH DAKOTA 
Law or 
Regulation Page 
telegraphic reports *7 60 
weekly reports *5 60 
County superintendent of health, see: County 
health officer 8 
Dairy products, inspection of 2860 39 
sale of 3818 14 
see also: milk sanitation *71 100 
Dead bodies, burial of 427, 439 18, 26 
miscellaneous regulations *55 83 
removal of 424 18 
Death, registration of, see: Vital statistics 25 
Dengue, reportable *2 59 
Deputy registrars, see: Vital statistics 25 
Diphtheria, deaths from *55 83 
regulations concerning *31 68 
reportable *2 59 
Disinfection, agents approved for *28 66 
concurrent *24 65 
defined *23 65 
failure to comply with rules for *28b 67 
of clothing 430 20 
of coffins *55 83 
of dead bodies *55 83 
of embalmer’s instruments *55 83 
of embalming room *55 83 
of materials from corpse *55 83 
of public vehicles 2957 40 
of schools 415 16 
of secondhand goods 2960, *61, *62 40, 95, 96 
terminal *26 66 
Drinking cups, public, prohibited 2952-2953 39 
Druggists, endangering of life by 9758 50 
records, for poisons 9759 50 
for venereal diseases *54-7 79 
Dysentery, regulations for *41 75 
reportable *2 59 
Embalmers, apprentices of *55 83 
duties in vital statistics 442-443 28 
penalty for neglect of 455 34 
registration of, with registrars 449 31 
with state health officer *55 83 
requirements for, miscellaneous *55 83 
Encephalitis, regulations for *41 75 
reportable *2 59 
Epidemic cerebrospinal meningitis, see: Menin- 
gococcus 68 
Farcy, see: Glanders 75 
Favus, reportable *2 59 
Foods, adulterated 9765,10206 51, 52 
calves used for 10207-10209 52 
destruction of food in certain cases *10 62 
handling of, forbidden when *11 62 
tainted, sale of *9 61 
Fouling public waters 9747, 10225 48, 53 
see also: Sewage, disposal of 83 
* Denotes rules and regulations. Numbers not starred denote statutes. PUBLIC HEALTH LAWS 
105 
Law or 
Regulation Page 
Funds, acceptance of, by state department 
of health 396d6 6 
Funeral directors, see: Undertakers. 
Funerals, attendance at *55 83 
conducted at undertakers’ parlors *55 83 
public *55 83 
supervision of *55 83 
see also: Dead bodies. 
Garbage, regulations concerning *56-3 84 
German measles, regulations concerning *36 72 
reportable *2 59 
Glanders, regulations concerning *41 75 
reportable *2 59 
Gonorrhea, reportable *2 59 
treatment for *54-14el 81 
see also: Venereal diseases 41, 78 
Health department, see: City; County; State. 
Health inspection of school pupils 1346 37 
Health instruction, see: Schools 37 
Health laws, violation of 9754 49 
Health officers, see: City; County; State. 
Hookworm disease, see: Ancylostomiasis 59 
Hospitals, for contagious diseases 429 20 
inspection of, for venereal disease *54-6 79 
provided by townships and villages 4184 23 
records of inmates 450 31 
to report venereal disease *54-3 79 
Hotel keepers to report contagious diseases 423 18 
Illegitimate births, see: Vital statistics 25, 36 
Impetigo, exclusion from school for *45 76 
Incubation periods, for communicable diseases *15 63 
Infant blindness, examination for 3169 43 
prevention of 3168 42 
reporting of infections causing 3170 43 
treatment for infections 3171 43 
see also: Ophthalmia neonatorum 73 
Infantile paralysis, see: Poliomyelitis *34 59,69 
Infectious diseases, see: Communicable diseases .... 59 
Influenza, reportable *2 59 
Inoculation, see: Vaccination 18 
Inspection of dairy herds 2860 39 
Isolation, regulations concerning *19 64 
see also names of special diseases. 
Juvenile court, placement of sick children by 11413 53 
Laboratories, operation of....Chapter 189, Laws of 1933....1650 24 
Leprosy, reportable *2, *41 59, 75 
Local boards of health, defined 413 16 
duties of, general 413 16 
in contagious diseases 428 19 
to destroy or disinfect infected clothing.... 430 20 
to disinfect schools 415 16 
to make sanitary regulations 414 16 
to provide temporary hospitals 429 20 
to publish regulations 416 17 
to regulate burials 427 18 
to remove nuisances 417 17 
expenses of 431 20 
neglect of duty, penalty for 433 21 
* Denotes rules and regulations. Numbers not starred denote statutes. 106 
STATE OF NORTH DAKOTA 
Law or 
Regulation Page 
physicians must report to 421 17 
see also: City boards; County boards. 
Local health officers, see: City; County. 
Malaria, regulations for *41 75 
reportable *2 59 
Manure, see: Animal manure *50 77 
Marriage, affidavits required for 4374 44 
of intoxicated persons prohibited 4376 44 
performance of, prohibited when 4374 44 
persons prohibited from 1 4373 43 
physical examination for 4375 44 
fees for 4377 44 
records of, see: Vital statistics 36 
serological test for syphilis required; 
Chapter 162, Laws of 1939 Session 45 
violation of laws, penalty for 4378 44 
Matching of funds, by state department 
of health 396d6 6 
Measles, regulations for *36 72 
reportable , *2 59 
Medical inspection, see: Health inspection 37 
Medicine, adulteration of 9741 48, 50 
Meningococcus meningitis, regulations for *32 68 
reportable : *2 59 
Midwives, duties of, in filing birth certificates 446 29 
in preventing infant blindness 3169 43 
in reporting infections 3170 43 
in registering with local registrars 449 31 
prohibited from baby farming 9607 47 
Milk sanitation, also see: Dairy products *71 100 
Morbidity reports, see: Communicable diseases, 
reports. 
Mumps, regulations for *38 73 
reportable *2 59 
Nuisance, removal of, by local boards 417 17 
by township boards 4178 22 
see also: Public nuisance 48 
Nurses, to inspect school pupils 1346 37 
to report ophthalmia neonatorum *39-2 74 
to report venereal disease *54-3 78 
see also; Public health nurses 78 
Ophthalmia neonatorum, regulations for *39 73 
see also: Infant blindness 42 
Paratyphoid fever, reportable *2 59 
see also; Typhoid fever 70 
Parotitis, see: Mumps 73 
Parrots, importation of *66 99 
Pediculosis, exclusion from school for *45 76 
Pellagra, regulations for *41 75 
Pharmacists, see; Druggists 50, 79 
Physicians, duties of, in case of death 422 28 
in preventing infant blindness 3168-3170 42 
in registering 449 31 
in reporting diseases, to city health officer .... 3825 15 
to local health officer 421 17 
when venereal disease exists *54-3, 2971b2 41, 79 
* Denotes rules and regulations. Numbers not starred denote statutes. PUBLIC HEALTH LAWS 
107 
Law or 
Regulation Page 
in vital statistics, filing birth certificate 446 29 
preparing medical certificate of death 441 27 
to inform state registrar 451 32 
employment of, to inspect school pupils 1346 37 
fees for examination for marriage 4377 44 
penalty for failure to comply with vital 
statistics law 455 34 
Placarding, see: Quarantine, placards for 63 
Plague, regulations for *41 75 
reportable *2 59 
Pneumonia, when reportable *2 59 
Poisons, labeling of 9759 50 
laying out of 9762 50 
records of sale of 9759 50 
subject to inspection 9761 50 
Poliomyelitis, regulations concerning *34 69 
reportable *2 59 
Prostitution, repression of *54-2 78 
see also: Venereal diseases, prostitutes 41 
Provisional quarantine, see: Quarantine 63 
Psittacine birds, importation of *66 99 
Psittacosis, regulations for *41 75 
reportable *2 59 
Public drinking cups, prohibited 2952-2953 39 
Public health advisory council, general powers of.... 400a 7 
meetings of 399 6 
organization of 396d2 5 
powers of 400 6 
Public health laboratory, see: Laboratories 24 
Public health nurses, control of *51-1 78 
permits for *51-2 78 
Public health nursing, division of child hygiene and..403a2 7 
Public nuisance, defined 9742 48 
maintenance of, a misdemeanor 9744 48 
Public vehicles, disinfection of 2957 40 
Public waters, see: Waters 48 
Puerperal infection, reportable *2 59 
Puerperal septicemia, reportable *2 59 
Quarantine defined *18-1 63 
authority of county boards in 407 9 
burials from premises under *55 83 
diseases requiring *18-3 64 
establishment of „ *16 63 
placards for *17 63 
provisional *20 64 
regulations for, by local boards 428 19 
by state department 400 6 
by township boards 4182 22 
release from *18-2 64 
violation of laws for 9748 49 
violation of orders for 9752 49 
see also: Isolation; names of special diseases. 
Rabies, regulations for *40 74 
reportable *2 59 
Registrars, see: Vital statistics 25 
* Denotes rules and regulations. Numbers not starred denote statutes. 108 
STATE OF NORTH DAKOTA 
Law or 
Regulation Page 
Regulations of local boards, publication of 416 17 
punishment for violation of 414 16 
Removal of sick persons 424 18 
Reportable diseases *2 59 
Reports 
Annual Reports .’. 176, *6 10, 16, 60 
Of communicable diseases *2 59 
Telegraphic reports *7 60 
To local health authorities *3 60 
To state health officer *5, *6, *7 60 
Weekly reports *5 60 
Rocky mountain fever, reportable *2 59 
Rubella, see: German measles 72 
Rubeola, see: Measles 72 
Sanitary engineering, division of 403a2 7 
Sanitation of barber shops 2955 40 
Sanitation of camps *52 78 
Sanitation of schools 1403 38 
Scabies, exclusion from school for *45 76 
Scarlet fever, regulations concerning *33 69 
reportable *2 59 
School officials, duties of 426 18 
School teacher must report diseases *47 76 
Schools, cleanliness in 408 9 
closing of, when *48 77 
diphtheria in *31 68 
disinfected 415 16 
disinfection of *46 76 
duties of officials of 426 18 
exclusion from, for communicable diseases.. *44, *48 75, 77 
for miscellaneous diseases *44 75 
for trachoma *42 75 
for tuberculosis *43 75 
health inspection of pupils in 1346 37 
health instruction of pupils 1383 38 
health officer must notify teachers in *47-2 77 
physical education 1390 38 
teachers of, to report contagion *47 76 
water and sewage systems for, also see; 
Sanitation *68 99 
Secondhand goods, disinfection of *62 96 
disinfection required when 2960 40 
distribution of *62-6 97 
inspection of *62-4 97 
labeling of *61, *62-3 95, 97 
shipment of *62-5 97 
sterilization of *61 95 
Septic sore throat, reportable *2 59 
Serological test, see: Marriage 45 
Sewage, defined *56-2 83 
disposal of *56-2 83 
samples to be analyzed *56-32 94 
treatment works, see: Sewerage systems 83 
Sewerage systems and sewage treatment works 
plans for, approval required *56-6 85 
detail drawings *56-24 91 
• Denotes rules and regulations. Numbers not starred denote statutes. PUBLIC HEALTH LAWS 
109 
Law or 
Regulation Page 
disposal works *56-25 92 
drawings in *56-26 92 
engineer’s report for *56-27 92 
grades of sewers *56-23b 91 
map included in . *56-22 89 
profiles *56-23 90 
requirements for *56-20 89 
specifications in *56-28 93 
for schools .> *68-2 100 
Sexton, duties of 445 29 
Sheppard-Towner act, accepting provisions of 396d4 6 
appropriation to match allotment of 396d5 6 
Sick children, placement of 11413 53 
Smallpox, regulations for *30 67 
reportable *2 59 
Spotted fever, regulations for *41 75 
Standard railway sanitary code *52 78 
State board of health, see: Public health 
advisory council 5 
State department of health, acceptance of funds by..396d6 6 
control of laboratories by, Chapter 190, Laws 
of 1933 24 
divisions of 403a2 7 
duties of 400a 7 
office space for 403a3 8 
organization of 396dl 5 
see also: Public health advisory council; 
state health officer 5 
State health department, see: State department 
of health 5 
State health officer, appointment of 396d3 5 
reports to the governor 402 7 
Sterilization of feebleminded, Chapter 263, 
Laws of 1927 53 
Sterilization of secondhand goods *61 95 
Stream pollution, see: Fouling public waters; 
Sewage 53, 83 
Streptococcus throat infection, see: Septic sore 
throat 59 
Superintendent of health, see: State health officer 5 
Swimming pools, plans for *67 99 
Syphilis, periods of treatment for *54-14e2 81 
serological test required....Chapter 162, Laws 
of 1939 45 
see also: Venereal diseases 41 
Temporary hospitals 429, 4184 20, 23 
Tetanus, reportable *2 59 
Toilet systems, when required *56-34 94 
Toilets, construction and location of *49 77 
Tourist camps, reporting disease in *63 97 
sanitary conditions of, Chapter 299, Laws 
of 1931 56 
Township boards of health, organization of 4175 21 
powers of, general 4176 21 
entering infected premises 4180 22 
issuing orders and regulations 4177 22 
• Denotes rules and regulations. Numbers not starred denote statutes. no 
STATE OF NORTH DAKOTA 
Law or 
Regulation Page 
providing hospital 4184 23 
quarantine by 4182 22 
removing nuisances 4178 22 
regulations of 4177 22 
responsibility to health officer 4176 21 
supervised by county health officer 408 9 
Trachoma, protection of school children from *42 75 
reportable *2 59 
Trailer camps *70 100 
see also: Tourist camps 56 
Transit permit, see: Burial permit 444 29 
Transportation of dead *55 83 
Trichinosis, regulations for *41 75 
reportable *2 59 
Tuberculosis, disinfection of premises *65-1 98 
exclusion from school for *43 75 
placarding of premises *65-2 98 
Tularemia, reportable *2 59 
Typhoid fever, regulations for *35 70 
reportable *2 59 
Typhus fever, regulations for *41 75 
reportable *2 59 
Undertakers, registration of 449 31 
see: Vital statistics, undertakers; Embalmers.... 25 
Undulant fever, regulations for *41 75 
reportable *2 59 
Unusual diseases, regulations for *41 75 
Vaccination 425al 18 
Variola, see: Smallpox 67 
Venereal diseases, advice on *54-9 79 
certificates of freedom from *54-17 82 
clinics for 2971b4 42 
defined *54-19 83 
diagnosis, request for *54-11 80 
druggists, records of *54-7 79 
examinations for 2971b3, *54-15 82 
exposure to, unlawful 2971bl, *54-12 80 
health authorities, duties of *54-15 82 
infected persons, restrictions on *54-14c 81 
information, false *54-20 83 
inspection of hospitals and records *54-6 79 
investigating sources of 2971b3 41 
isolation, rules for *54-14 80 
laboratory examinations for *54-14 80 
laws, violation of 2971b6 42 
placarding for *54-16 82 
prisoners, examination of 2971b4 42 
prostitutes, defined *54-19 83 
quarantine for *54-14f 81 
suppression of *54-2 79 
quarantine, see: Venereal diseases, isolation .... 80 
removal of infected persons *54-18 82 
reports *54-3 79 
confidential nature of *54-8 79 
form of *54-4 79 
from druggists *54-7 79 
Denotes rules and regulations. Numbers not starred denote statutes. PUBLIC HEALTH LAWS 
Law or 
Regulation Page 
on change of physician *54-10 80 
on termination of case *54-5 79 
to overseer of poor *54-13 80 
rules and regulations for 2971b5 42 
transfer of treatment for *54-10 80 
treatment for, period of *54-14e 81 
Village board of health, organization of 3861 23 
supervised by county health officer 408 9 
Vital statistics 434 25 
births, registration of 446 29 
adopted children....Chapter 109, Laws 
of 1939 36 
certified copies 454 33 
form of certificates for 447 30 
illegitimate children....Chapter 109, laws 
of 1939 36 
necessity of 438 26 
of stillbirths 440 26 
place of 438 26 
supplemental name report 448 31 
blanks for 451 32 
burial permit, form of 444 29 
issuance of 439 26 
necessity of 439 26 
deaths, registration of 441 27 
certified copies of certificates 454 33 
filling in of 441 27 
form of 441 27 
stillbirths 440 26 
without medical attendance 442 28 
deputy registrar, state 435 25 
deputy registrars 437 26 
division of, creation of 403a2 7 
establishment of 434 25 
offices for 435 25 
state deputy registrar of 435 25 
state registrar of 434 25 
storage of records of 403a3 8 
law, enforcement of 456 35 
violation of 455 34 
local registrars of 437 26 
correction of certificates by 452 32 
fees of - 453 33 
filing birth certificates with 446 29 
filing death certificates with 443 28 
marriage records, certified copies of 4378a3 36 
filing of licenses 4378a2-a3 36 
registration of marriages 4378al 36 
serological test required. Chapter 162, 
Laws of 1939 45 
registration districts for 436 
removal permits, see; Burial permits 29 
sextons, duties of 445 29 
state registrar of 434 25 
storing records of 403a3 8 
sub-registrars 437 26 
• Denotes rules and regulations. Numbers not starred denote statutes 112 
STATE OF NORTH DAKOTA 
Law or 
Regulation Page 
undertakers, duties of 443 28 
Water supplies, sale of *69 100 
Water systems for schools *68-1 99 
Water systems, plans for *56 83 
approval, indication of *56-19 89 
required *56-6 85 
engineers’ reports *56-11 87 
information required *56-8 86 
maps showing *56-9 86 
submission of *56-7 85 
Water treatment works, plans for *56-10 87 
information required in *56-13 88 
see also: Water systems 83 
Water, public 9747 48 
fouling of 9747,10225 48,53 
requirements for *56-1 83 
samples of *56-18 88 
Whooping cough, reportable *2, *37 59, 73 
Yellow fever, reportable *2 59 
* Denotes rules and regulations. Numbers not starred denote statutes.