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SB 2255

AN ACT to amend and reenact section 23-01-05 of the North Dakota Century Code, relating to the qualifications, term, and duties of the state health officer.

69th Legislative Assembly (2025-26) Introduced by Dick Dever and 4 co-sponsors

Hospitals and health officials gain stricter qualifications and at‑pleasure appointment for the State Health Officer, with geographically limited disease orders and new religious-l

Filed with Secretary Of State 04/03
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Bill Summary · SB 2255

SB 2255 — Summary (North Dakota, 69th Legislative Assembly)

Bill number: SB 2255
Statute amended: NDCC § 23‑01‑05 (Health officer — qualifications, salary, term, duties)
Status: Filed with Secretary of State 04/03/2025 (signed by Governor 04/02/2025)
Sponsors: Senators Lee, Dever, Hogan; Representatives Porter, M. Ruby

Purpose / intent

To revise statutory requirements for the State Health Officer — clarifying qualifications and leadership experience, altering the officer’s term/appointment structure, defining advisory arrangements, and specifying the scope and limits of the officer’s disease‑control order authority (including procedural and religious‑liberty protections).

Key provisions and changes

  • Qualifications

    • Requires the governor to appoint a State Health Officer who at appointment is a physician with substantive private or public administrative and public‑health experience.
    • Further specifies the officer must have education, training, or experience in public health and relevant leadership experience.

  • Salary, travel, and conflicts

    • Governor sets the officer’s salary within legislative appropriations to the Department.
    • Officer is entitled to reimbursement for necessary travel expenses.
    • Officer may not engage in other occupations or businesses that conflict with statutory duties.

  • Term / appointment

    • The State Health Officer serves at the pleasure of the governor (removing/overriding prior language indicating a fixed four‑year term).

  • Advisory committee

    • The Commissioner of the Department of Health and Human Services may appoint at least three licensed physicians (recommended by the state medical association) to serve as an advisory committee to the State Health Officer.
    • Committee members are reimbursed per state law; their terms coincide with the officer’s term and they serve at the pleasure of the commissioner.
    • Meetings of the advisory committee are explicitly not subject to the state open‑meetings law (chapter 44‑04).

  • Disease‑control orders and limits

    • Authorizes the State Health Officer to issue written orders for disease control measures (e.g., special immunization activities, decontamination) necessary to prevent spread of a communicable disease.
    • Orders must be geographically limited to the area affected; a statewide order may only be issued if the governor has declared a statewide disaster/emergency under chapter 37‑17.1 and the governor consents. Any statewide order is limited to the duration of that declared disaster/emergency.
    • A written order is given the same effect as a physician’s standing medical order.
    • The officer may apply to district court for injunctive relief (e.g., canceling public events, closing businesses); courts may issue ex parte preliminary injunctions pending hearing.

  • Religious‑liberty and legal remedies

    • Orders may not substantially burden religious exercise unless they further a compelling governmental interest and are the least restrictive means.
    • Religious conduct cannot be treated more restrictively than comparable secular conduct unless clear and convincing scientific evidence shows an extraordinary health risk; nor may religious conduct be treated more restrictively for economic reasons.
    • Persons aggrieved by violations of these limits may assert that violation as a claim or defense in court and obtain appropriate relief, including costs and reasonable attorney’s fees.

Who is affected

  • The State Health Officer (new qualification and term rules).
  • Department of Health and Human Services (appointment, budgeting, advisory structure).
  • Local public‑health entities and health officers (advisory role, funding recommendations).
  • Individuals, businesses, and event organizers in areas where communicable diseases are present (subject to geographically limited orders and potential injunctions).
  • Religious organizations (specific protections and standards apply to orders affecting religious exercise).

Procedural / timeline notes

  • Introduced and acted upon by the Human Services Committee (committee report adopted Jan 29, 2025).
  • Passed both legislative chambers (Senate: yeas 40, nays 6; House: yeas 76, nays 16).
  • Signed by the Governor on 04/02/2025 and filed with the Secretary of State on 04/03/2025.

Practical impact

  • Clarifies and tightens professional qualifications and leadership expectations for the State Health Officer.
  • Shifts the officer’s job security to an at‑pleasure appointment, increasing executive control.
  • Narrows the geographic scope for unilateral state health orders and conditions statewide orders on a gubernatorial emergency declaration and consent.
  • Adds explicit religious‑liberty safeguards and a private remedy for persons aggrieved by violations of those safeguards.
  • Provides for a physician advisory committee whose meetings are exempt from open‑meeting requirements.

Compiled from official sources — confirm details with the bill’s official record.

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