§ 23-01-05 — Health officer - Qualifications, salary, term, duties

1. The governor shall appoint a state health officer who has:
a. Education, training, or experience in public health; and
b. Relevant leadership experience.
2. The governor shall set the salary of the state health officer within the limits of
legislative appropriations to the department.
3. The state health officer is entitled to receive all necessary traveling expenses incurred
in the performance of official business.
4. The state health officer serves at the pleasure of the governor.
5. The commissioner of the department of health and human services may appoint an
advisory committee to advise the state health officer on matters of public health as
requested by the state health officer. Each member of the advisory committee is
entitled to receive reimbursement of expenses in performing official duties in amounts
provided by law for other state officers. A committee member serves at the pleasure of
the commissioner of the department of health and human services. A meeting of the
advisory committee is not subject to open meeting requirements of chapter 44-04.
6. The duties of the state health officer are as follows:
a. Provide strategy and policy advice to improve health and wellness.
b. Serve in an advisory capacity for local public health and local health officers.
c. Promote the development of local health services and recommend the allocation
of health funds to local jurisdictions.
d. Issue a written order relating to a disease control measure necessary to prevent
the spread of a communicable disease. A disease control measure may include a
special immunization activity and decontamination measure.
(1) The state health officer shall limit a written order issued under this section to
the geographical area affected by the communicable disease. The state
health officer may not issue a statewide order under this section unless the
governor has declared a statewide disaster or emergency under chapter
37-17.1 and the governor consents to the order. The statewide order is
limited in duration to the duration of the declared disaster or emergency
unless terminated earlier pursuant to chapter 37-17.1.
(2) A written order issued under this section has the same effect as a
physician's standing medical order.
(3) The state health officer shall apply to the district court in a judicial district in
which a communicable disease is present for an injunction canceling a
public event or closing a place of business. On application of the state
health officer showing the necessity of the cancellation, the court may issue
an ex parte preliminary injunction, pending a full hearing.
(4) Notwithstanding any other provision of law, an order issued pursuant to this
subsection may not:

(a) Substantially burden a person's exercise of religion unless the order is
in furtherance of a compelling governmental interest and is the least
restrictive means of furthering that compelling governmental interest;
(b) Treat religious conduct more restrictively than any secular conduct of
reasonably comparable risk, unless the government demonstrates
through clear and convincing scientific evidence that a particular
religious activity poses an extraordinary health risk; or
(c) Treat religious conduct more restrictively than comparable secular
conduct because of alleged economic need or benefit.
(5) A person claiming to be aggrieved by a violation of paragraph 1 may assert
that violation as a claim or defense in a judicial proceeding and obtain
appropriate relief, including costs and reasonable attorney's fees.
e. Perform all duties required or provided by law.