US Lawyer Database

Section 34-52-8 – Medical records.

34-52-8. Medical records. A health care professional or the originating site treating a patient through telehealth shall: (1)Maintain a complete record of the patient’s care; (2)Disclose the record to the patient consistent with state and federal laws; and (3)Follow applicable state and federal statutes and regulations for medical record retention and confidentiality. Source: SL 2019, […]

Section 34-53-1 – Definitions.

34-53-1. Definitions. Terms used in this chapter mean: (1)”Action notice,” the director’s communication of a decision on a claim; (2)”Civil recoveries,” funds received by the state or a political subdivision from a third party, other than a pipeline company, as a result of violations of the law and transferred to the fund from the riot […]

Section 34-53-2 – PEACE fund established.

34-53-2. PEACE fund established. There is established in the state treasury the PEACE fund. Money in the fund may be used to pay administrative costs and extraordinary expenses incurred by the state or a political subdivision, arising out of or in connection with pipeline construction. Any interest earned on money in the fund shall be […]

Section 34-53-3 – Claim for extraordinary expense–Records.

34-53-3. Claim for extraordinary expense–Records. The state or a political subdivision may submit a claim for extraordinary expense to the director for disbursement from the PEACE fund in accordance with this chapter. Each claim under this section shall be accompanied by a statement of the basis on which it is made, and true and accurate […]

Section 34-51-10 – Private cause of action not authorized.

34-51-10. Private cause of action not authorized. This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to […]

Section 34-52-1 – Definitions.

34-52-1. Definitions. Terms used in this chapter mean: (1)”Health care professional,” as defined in §58-17F-1; (2)”Health care facility,” any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional; (3)”Originating site,” a site where […]

Section 34-51-2 – Eligible patient defined.

34-51-2. Eligible patient defined. For the purposes of this chapter, the term, eligible patient, means a patient who meets all the following qualifications: (1)Has an advanced illness, attested by the patient’s treating physician; (2)Has considered all other treatment options currently approved by the United States Food and Drug Administration; (3)Has received a recommendation from the […]

Section 34-51-3 – Written, informed consent.

34-51-3. Written, informed consent. For purposes of this chapter, the term, written, informed consent, consists of a signed writing executed by the patient, parent, or legal guardian, if the patient is a minor, or substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C, if the patient […]

Section 34-51-4 – Treatment with investigational drug, biological product, or device.

34-51-4. Treatment with investigational drug, biological product, or device. A manufacturer of an investigational drug, biological product, or device may make the treatment available, and an eligible patient may request the manufacturer’s investigational drug, biological product, or device for treatment pursuant to this chapter. This chapter does not require that a manufacturer make available an […]