§ 43-17-41 — Duty of physicians and others to report injury - Penalty

North Dakota § 43-17-41

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-17: Physicians, Resident Physicians, and Physician Assistants

Text

1. Any physician, physician assistant, naturopath licensed under chapter 43-58,
acupuncturist licensed under chapter 43-61, or any individual licensed under
chapter 43-12.1 who performs any diagnosis or treatment for any individual suffering
from any wound, injury, or other physical trauma:
a. Inflicted by the individual's own act or by the act of another by means of a knife,
gun, or pistol shall as soon as practicable report the wound, injury, or trauma to a
law enforcement agency in the county in which the care was rendered; or
b. Which the individual performing diagnosis or treatment has reasonable cause to
suspect was inflicted in violation of any criminal law of this state, shall as soon as
practicable report the wound, injury, or trauma to a law enforcement agency in the
county in which the care was rendered.
2. The report under subsection 1 must state the name of the injured individual and the
character and extent of the individual's injuries, except when the individual's physical
injury is the result of a sexual offense, as defined in chapter 12.1-20, in which case the
individual's name, address, and any identifying information may not be included in the
report without the individual's written release.
3. When a report of domestic violence, as defined in section 14-07.1-01, or a report of
physical injury resulting from a sexual offense, as defined in chapter 12.1-20, is made
to a law enforcement agency as required by this section, the injured individual must be
provided with information regarding a domestic violence sexual assault organization as
defined in section 14-07.1-01 or other victims' assistance program by the physician,
physician assistant, naturopath, acupuncturist licensed under chapter 43-61, or any
individual licensed under chapter 43-12.1, unless it is known that the information has
previously been provided to the injured individual.
4. The reports mandated by this section must be made as soon as practicable and may
be either oral or in writing. Oral reports must be followed by written reports within
forty-eight hours if so requested by the sheriff or state's attorney to whom the oral
report is originally made.
5. Any individual required to report as provided by this section who willfully fails to do so
is guilty of an infraction.
6. Any individual making or not making a report in good faith pursuant to this section is
immune from liability for making or not making a report.
7. Reports made under this section are exempt records as defined by section 44-04-17.1.