Public employee personal, medical, and employee assistance records - Confidentiality - Personal information maintained by state entities - Exempt
N.D. Cent. Code § 44-04-18.1
in effect44-04-18.1. Public employee personal, medical, and employee assistance records -
Confidentiality - Personal information maintained by state entities - Exempt.
1. Any record of a public employee's medical treatment or use of an employee assistance
program is not to become part of that employee's personnel record and is confidential
and, except as otherwise authorized by law, may not be used or disclosed without the
written authorization of the employee. As used in this section, the term "public
employee" includes any individual who has applied for employment, is employed, or
has been employed by a public entity.
2. Except as otherwise specifically provided by law, personal information regarding a
public employee contained in an employee's personnel record or given to the state or
a political subdivision by the employee in the course of employment is exempt. As
used in this section, "personal information" means a person's month and day of birth;
home address; home telephone number or personal cell phone number; photograph;
medical information; motor vehicle operator's identification number; public employee
identification number; payroll deduction information; the name, address, telephone
number, and date of birth of any dependent or emergency contact; any credit, debit, or
electronic fund transfer card number; and any account number at a bank or other
financial institution. Information regarding the type of leave taken by an employee is
exempt, although the amount of leave taken or accrued, and the dates of the leave
taken, is public record. Information regarding leave applied for but not yet taken is
exempt until the leave is taken.
3. Nonconfidential information contained in a personnel record of an employee of a public
entity as defined in subdivision c of subsection 13 of section 44-04-17.1 is exempt.
4. Except as otherwise specifically provided by law, personal information regarding a
licensee maintained by an occupational or professional board, association, state
agency, or commission created by law is exempt. As used in this section, "licensee"
means an individual who has applied for, holds, or has held in the past an occupational
or professional license, certificate, credential, permit, or registration issued by a state
occupational or professional board, association, agency, or commission.
5. Information relating directly to persons engaged in an organized public safety peer
counseling or a public safety peer debriefing is exempt.
6. Records relating to a public entity's internal investigation of a complaint against a
public entity or employee for misconduct are exempt until the investigation of the
complaint is complete, but no longer than seventy-five calendar days from the date of
the complaint.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t44c04.pdf#nameddest=44-04-18p1Fetched: 10/16/2026