Can I collect age information from participants in North Dakota? What are the requirements?

Based on the documents provided, you can collect age information from participants in North Dakota if it is necessary for a legitimate business need, such as treatment, obtaining payment for treatment, health care operations, to comply with public health reporting requirements, and as required by law ^[1.1]. However, you must follow the North Dakota health information network policies and procedures, which include identifying all authorized users, providing training for authorized users, and establishing a unique identifier for each authorized user ^[1.1].

If you are collecting age information for purposes other than those listed above, you must ensure that you are not violating any federal, state, or local laws, rules, or regulations ^[1.2].

To collect age information, you must also comply with the requirements for determining an individual’s age as outlined in NDCC Section 14-10-00.1. The individual’s date of birth as provided by a state government in the form of a birth certificate, other state-issued identification, or a certified copy of a birth certificate that includes the individual’s date of birth is presumed to be the individual’s legal date of birth ^[2.1].

If you are collecting age information for housing purposes, you must comply with the provisions regarding familial status and age in North Dakota Century Code chapter 14-02.5, which do not apply to housing intended and operated for persons fifty-five years of age or older ^[6.1].

In summary, you can collect age information from participants in North Dakota if it is necessary for a legitimate business need and you comply with the relevant policies, procedures, and laws.

Source(s):

• [1.1] Authorized participants.
• [2.1] Presumption of age.
• [1.2] Use and disclosure of protected health information.
• [6.1] Housing for persons who are fifty-five years of age or older - Definitions.

Jurisdiction

North Dakota

• Privacy