N.D. Cent. Code § 43-12.5-01 — ND Code / Title 43 / Chapter 43-12.5 / Section 43-12.5-01
43-12.5-01. Advanced practice registered nurse licensure compact
Status: in_force

43-12.5-01. Advanced practice registered nurse licensure compact

ARTICLE I - FINDINGS AND DECLARATION OF PURPOSE

1. The party states find that:

a. The health and safety of the public are affected by the degree of compliance with

advanced practice registered nurse licensure requirements and the effectiveness

of enforcement activities related to state advanced practice registered nurse

licensure laws;

b. Violations of advanced practice registered nurse licensure and other laws

regulating the practice of nursing may result in injury or harm to the public;

c. The expanded mobility of advanced practice registered nurses and the use of

advanced communication and intervention technologies as part of our nation's

health care delivery system require greater coordination and cooperation among

states in the areas of advanced practice registered nurse licensure and

regulation;

d. New practice modalities and technology make compliance with individual state

advanced practice registered nurse licensure laws difficult and complex;

e. The current system of duplicative advanced practice registered nurse licensure

for advanced practice registered nurses practicing in multiple states is

cumbersome and redundant for health care delivery systems, payors, state

licensing boards, regulators, and advanced practice registered nurses; and

f. Uniformity of advanced practice registered nurse licensure requirements

throughout the states promotes public safety and public health benefits as well as

providing a mechanism to increase access to care.

2. The general purposes of this compact are to:

a. Facilitate the states' responsibility to protect the public's health and safety;

b. Ensure and encourage the cooperation of party states in the areas of advanced

practice registered nurse licensure and regulation, including promotion of uniform

licensure requirements;

c. Facilitate the exchange of information between party states in the areas of

advanced practice registered nurse regulation, investigation, and adverse

actions;

d. Promote compliance with the laws governing advanced practice registered nurse

practice in each jurisdiction;

e. Invest all party states with the authority to hold an advanced practice registered

nurse accountable for meeting all state practice laws in the state in which the

patient is located at the time care is rendered through the mutual recognition of

party state privileges to practice;

f. Decrease redundancies in the consideration and issuance of advanced practice

registered nurse licenses; and

g. Provide opportunities for interstate practice by advanced practice registered

nurses who meet uniform licensure requirements.

ARTICLE II - DEFINITIONS

As used in this compact:

1. "Advanced practice registered nurse" means a registered nurse who has gained

additional specialized knowledge, skills, and experience through a program of study

recognized or defined by the Interstate Commission of Advanced Practice Registered

Nurse Compact Administrators ("commission"), and who is licensed to perform

advanced nursing practice. An advanced practice registered nurse is licensed in an

advanced practice registered nurse role that is congruent with an advanced practice

registered nurse educational program, certification, and commission rules.

2. "Advanced practice registered nurse licensure" means the regulatory mechanism used

by a party state to grant legal authority to practice as an advanced practice registered

nurse.

3. "Advanced practice registered nurse uniform licensure requirements" means the

minimum uniform licensure, education, and examination requirements set forth in

subsection 2 of article III.

4. "Adverse action" means any administrative, civil, equitable, or criminal action permitted

by a state's laws which is imposed by a licensing board or other authority against an

advanced practice registered nurse, including actions against an individual's license or

multistate licensure privilege such as revocation, suspension, probation, monitoring of

the licensee, limitation on the licensee's practice, or any other encumbrance on

licensure affecting an advanced practice registered nurse's authorization to practice,

including the issuance of a cease and desist action.

5. "Alternative program" means a non-disciplinary monitoring program approved by a

licensing board.

6. "Coordinated licensure information system" means an integrated process for

collecting, storing, and sharing information on advanced practice registered nurse

licensure and enforcement activities related to advanced practice registered nurse

licensure laws which is administered by a nonprofit organization composed of and

controlled by licensing boards.

7. "Current significant investigatory information" means:

a. Investigative information that a licensing board, after a preliminary inquiry that

includes notification and an opportunity for the advanced practice registered

nurse to respond, if required by state law, has reason to believe is not groundless

and, if proved true, would indicate more than a minor infraction; or

b. Investigative information that indicates that the advanced practice registered

nurse represents an immediate threat to public health and safety regardless of

whether the advanced practice registered nurse has been notified and had an

opportunity to respond.

8. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and

unrestricted practice of nursing imposed by a licensing board in connection with a

disciplinary proceeding.

9. "Home state" means the party state that is the advanced practice registered nurse's

primary state of residence.

10. "Licensing board" means a party state's regulatory body responsible for regulating the

practice of advanced practice registered nursing.

11. "Multistate license" means an advanced practice registered nurse license to practice

as an advanced practice registered nurse issued by a home state licensing board

which authorizes the advanced practice registered nurse to practice as an advanced

practice registered nurse in all party states under a multistate licensure privilege, in the

same role and population focus as the advanced practice registered nurse is licensed

in the home state.

12. "Multistate licensure privilege" means a legal authorization associated with an

advanced practice registered nurse multistate license which permits an advanced

practice registered nurse to practice as an advanced practice registered nurse in a

remote state, in the same role and population focus as the advanced practice

registered nurse is licensed in the home state.

13. "Noncontrolled prescription drug" means a device or drug that is not a controlled

substance and is prohibited under state or federal law from being dispensed without a

prescription. The term includes a device or drug that bears or is required to bear the

legend "caution: federal law prohibits dispensing without prescription" or "prescription

only" or other legend that complies with federal law.

14. "Party state" means any state that has adopted this compact.

15. "Population focus" means one of the six population foci of family or individual across

the lifespan, adult-gerontology, pediatrics, neonatal, women's health or gender-related,

and psychiatric mental health.

16. "Prescriptive authority" means the legal authority to prescribe medications and devices

as defined by party state laws.

17. "Remote state" means a party state that is not the home state.

18. "Role" means one of the four recognized roles of certified registered nurse

anesthetists, certified nurse midwives, clinical nurse specialists, and certified nurse

practitioners.

19. "Single-state license" means an advanced practice registered nurse license issued by

a party state which authorizes practice only within the issuing state and does not

include a multistate licensure privilege to practice in any other party state.

20. "State" means a state, territory, or possession of the United States and the District of

Columbia.

21. "State practice laws" means a party state's laws, rules, and regulations that govern

advanced practice registered nurse practice, define the scope of advanced nursing

practice, and create the methods and grounds for imposing discipline except that

prescriptive authority must be treated in accordance with subsections 6 and 7 of

article III. State practice laws do not include:

a. A party state's laws, rules, and regulations requiring supervision or collaboration

with a health care professional, except for laws, rules, and regulations regarding

prescribing controlled substances; and

b. The requirements necessary to obtain and retain an advanced practice registered

nurse license, except for qualifications or requirements of the home state.

ARTICLE III - GENERAL PROVISIONS AND JURISDICTION

1. A state must implement procedures for considering the criminal history records of

applicants for initial advanced practice registered nurse licensure or advanced practice

registered nurse licensure by endorsement. Such procedures must include the

submission of fingerprints or other biometric-based information by advanced practice

registered nurse applicants for the purpose of obtaining an applicant's criminal history

record information from the federal bureau of investigation and the agency responsible

for retaining that state's criminal records.

2. Each party state shall require an applicant to satisfy the following advanced practice

registered nurse uniform licensure requirements to obtain or retain a multistate license

in the home state:

a. Meets the home state's qualifications for licensure or renewal of licensure, as well

as, all other applicable state laws;

b. (1) Has completed an accredited graduate-level education program that

prepares the applicant for one of the four recognized roles and population

foci; or

(2) Has completed a foreign advanced practice registered nurse education

program for one of the four recognized roles and population foci that:

(a) Has been approved by the authorized accrediting body in the

applicable country; and

(b) Has been verified by an independent credentials review agency to be

comparable to a licensing board-approved advanced practice

registered nurse education program;

c. Has, if a graduate of a foreign advanced practice registered nurse program not

taught in English or if English is not the individual's native language, successfully

passed an English proficiency examination that includes the components of

reading, speaking, writing, and listening;

d. Has successfully passed a national certification examination that measures

advanced practice registered nurse, role and population-focused competencies

and maintains continued competence as evidenced by recertification in the role

and population focus through the national certification program;

e. Holds an active, unencumbered license as a registered nurse and an active,

unencumbered authorization to practice as an advanced practice registered

nurse;

f. Has successfully passed an NCLEX-RN® examination or recognized

predecessor, as applicable;

g. Has practiced for at least two thousand eighty hours as an advanced practice

registered nurse in a role and population focus congruent with the applicant's

education and training. For purposes of this section, practice must not include

hours obtained as part of enrollment in an advanced practice registered nurse

education program;

h. Has submitted, in connection with an application for initial licensure or licensure

by endorsement, fingerprints or other biometric data for the purpose of obtaining

criminal history record information from the federal bureau of investigation and

the agency responsible for retaining that state or, if applicable, foreign country's

criminal records;

i. Has not been convicted or found guilty or, has entered into an agreed disposition

of a felony offense under applicable state, federal, or foreign criminal law;

j. Has not been convicted or found guilty or has entered into an agreed disposition,

of a misdemeanor offense related to the practice of nursing as determined by

factors set forth in rules adopted by the commission;

k. Is not currently enrolled in an alternative program;

l. Is subject to self-disclosure requirements regarding current participation in an

alternative program; and

m. Has a valid United States social security number.

3. An advanced practice registered nurse issued a multistate license must be licensed in

an approved role and at least one approved population focus.

4. An advanced practice registered nurse multistate license issued by a home state to a

resident in that state will be recognized by each party state as authorizing the

advanced practice registered nurse to practice as an advanced practice registered

nurse in each party state, under a multistate licensure privilege, in the same role and

population focus as the advanced practice registered nurse is licensed in the home

state.

5. Nothing in this compact shall affect the requirements established by a party state for

the issuance of a single-state license, except that an individual may apply for a single-

state license, instead of a multistate license, even if otherwise qualified for the

multistate license. However, the failure of such an individual to affirmatively opt for a

single-state license may result in the issuance of a multistate license.

6. Issuance of an advanced practice registered nurse multistate license must include

prescriptive authority for noncontrolled prescription drugs.

7. For each state in which an advanced practice registered nurse seeks authority to

prescribe controlled substances, the advanced practice registered nurse shall satisfy

all requirements imposed by such state in granting and renewing such authority.

8. An advanced practice registered nurse issued a multistate license may assume

responsibility and accountability for patient care independent of any supervisory or

collaborative relationship. This authority may be exercised in the home state and in

any remote state in which the advanced practice registered nurse exercises a

multistate licensure privilege.

9. All party states are authorized, in accordance with state due process laws, to take

adverse action against an advanced practice registered nurse's multistate licensure

privilege such as revocation, suspension, probation, or any other action that affects an

advanced practice registered nurse's authorization to practice under a multistate

licensure privilege, including cease and desist actions. If a party state takes such

action, it promptly shall notify the administrator of the coordinated licensure information

system. The administrator of the coordinated licensure information system promptly

shall notify the home state of any such actions by remote states.

10. Except as otherwise expressly provided in this compact, an advanced practice

registered nurse practicing in a party state shall comply with the state practice laws of

the state in which the client is located at the time service is provided. Advanced

practice registered nurse practice is not limited to patient care, but includes all

advanced nursing practice as defined by the state practice laws of the party state in

which the client is located. Advanced practice registered nurse practice in a party state

under a multistate licensure privilege subjects the advanced practice registered nurse

to the jurisdiction of the licensing board, the courts, and the laws of the party state in

which the client is located at the time service is provided.

11. Except as otherwise expressly provided in this compact, this compact does not affect

additional requirements imposed by states for advanced practice registered nursing.

However, a multistate licensure privilege to practice registered nursing granted by a

party state must be recognized by other party states as satisfying any state law

requirement for registered nurse licensure as a precondition for authorization to

practice as an advanced practice registered nurse in that state.

12. Individuals not residing in a party state shall continue to be able to apply for a party

state's single-state advanced practice registered nurse license as provided under the

laws of each party state. However, the single-state license granted to these individuals

will not be recognized as granting the privilege to practice as an advanced practice

registered nurse in any other party state.

ARTICLE IV - APPLICATIONS FOR ADVANCED PRACTICE REGISTERED NURSE

LICENSURE IN A PARTY STATE

1. Upon application for an advanced practice registered nurse multistate license, the

licensing board in the issuing party state shall ascertain, through the coordinated

licensure information system, whether the applicant has ever held or is the holder of a

licensed practical/vocational nursing license, a registered nursing license, or an

advanced practice registered nurse license issued by any other state, whether there

are any encumbrances on any license or multistate licensure privilege held by the

applicant, whether any adverse action has been taken against any license or

multistate licensure privilege held by the applicant, and whether the applicant is

currently participating in an alternative program.

2. An advanced practice registered nurse may hold a multistate advanced practice

registered nurse license, issued by the home state, in only one party state at a time.

3. If an advanced practice registered nurse changes primary state of residence by

moving between two party states, the advanced practice registered nurse shall apply

for advanced practice registered nurse licensure in the new home state, and the

multistate license issued by the prior home state must be deactivated in accordance

with applicable commission rules.

a. The advanced practice registered nurse may apply for licensure in advance of a

change in primary state of residence.

b. A multistate advanced practice registered nurse license may not be issued by the

new home state until the advanced practice registered nurse provides satisfactory

evidence of a change in primary state of residence to the new home state and

satisfies all applicable requirements to obtain a multistate advanced practice

registered nurse license from the new home state.

4. If an advanced practice registered nurse changes primary state of residence by

moving from a party state to a nonparty state, the advanced practice registered nurse

multistate license issued by the prior home state converts to a single-state license,

valid only in the former home state.

ARTICLE V - ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING

BOARDS

1. In addition to the other powers conferred by state law, a licensing board may:

a. Take adverse action against an advanced practice registered nurse's multistate

licensure privilege to practice within that party state.

(1) Only the home state may take adverse action against an advanced practice

registered nurse's license issued by the home state.

(2) For purposes of taking adverse action, the home state licensing board shall

give the same priority and effect to reported conduct that occurred outside of

the home state as it would if such conduct had occurred within the home

state. In so doing, the home state shall apply its own state laws to determine

appropriate action.

b. Issue cease and desist orders or impose an encumbrance on an advanced

practice registered nurse's authority to practice within that party state.

c. Complete any pending investigations of an advanced practice registered nurse

who changes primary state of residence during the course of such investigations.

The licensing board also may take any appropriate action and promptly shall

report the conclusions of such investigations to the administrator of the

coordinated licensure information system. The administrator of the coordinated

licensure information system promptly shall notify the new home state of any

such actions.

d. Issue subpoenas for both hearings and investigations which require the

attendance and testimony of witnesses, as well as, the production of evidence.

Subpoenas issued by a party state licensing board for the attendance and

testimony of witnesses and the production of evidence from another party state

must be enforced in the latter state by any court of competent jurisdiction,

according to that court's practice and procedure in considering subpoenas issued

in its own proceedings. The issuing licensing board shall pay any witness fees,

travel expenses, mileage, and other fees required by the service statutes of the

state in which the witnesses and evidence are located.

e. Obtain and submit, for an advanced practice registered nurse licensure applicant,

fingerprints or other biometric-based information to the federal bureau of

investigation for criminal background checks, receive the results of the federal

bureau of investigation record search on criminal background checks and use the

results in making licensure decisions.

f. If otherwise permitted by state law, recover from the affected advanced practice

registered nurse the costs of investigations and disposition of cases resulting

from any adverse action taken against that advanced practice registered nurse.

g. Take adverse action based on the factual findings of another party state, if the

licensing board follows its own procedures for taking such adverse action.

2. If adverse action is taken by a home state against an advanced practice registered

nurse's multistate licensure, the privilege to practice in all other party states under a

multistate licensure privilege must be deactivated until all encumbrances have been

removed from the advanced practice registered nurse's multistate license. All home

state disciplinary orders that impose adverse action against an advanced practice

registered nurse's multistate license must include a statement that the advanced

practice registered nurse's multistate licensure privilege is deactivated in all party

states during the pendency of the order.

3. This compact does not override a party state's decision that participation in an

alternative program may be used in lieu of adverse action. The home state licensing

board shall deactivate the multistate licensure privilege under the multistate license of

any advanced practice registered nurse for the duration of the advanced practice

registered nurse's participation in an alternative program.

ARTICLE VI - COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE

INFORMATION

1. All party states shall participate in a coordinated licensure information system of all

advanced practice registered nurses, licensed registered nurses, and licensed

practical/vocational nurses. This system includes information on the licensure and

disciplinary history of each advanced practice registered nurse, as submitted by party

states, to assist in the coordinated administration of advanced practice registered

nurse licensure and enforcement efforts.

2. The commission, in consultation with the administrator of the coordinated licensure

information system, shall formulate necessary and proper procedures for the

identification, collection, and exchange of information under this compact.

3. All licensing boards promptly shall report to the coordinated licensure information

system any adverse action, any current significant investigative information, denials of

applications (with the reasons for such denials), and advanced practice registered

nurse participation in alternative programs known to the licensing board regardless of

whether such participation is deemed nonpublic and confidential under state law.

4. Notwithstanding any other provision of law, all party state licensing boards contributing

information to the coordinated licensure information system may designate information

that may not be shared with nonparty states or disclosed to other entities or individuals

without the express permission of the contributing state.

5. Any personally identifiable information obtained from the coordinated licensure

information system by a party state licensing board may not be shared with nonparty

states or disclosed to other entities or individuals except to the extent permitted by the

laws of the party state contributing the information.

6. Any information contributed to the coordinated licensure information system which is

subsequently required to be expunged by the laws of the party state contributing the

information must be removed from the coordinated licensure information system.

7. The compact administrator of each party state shall furnish a uniform data set to the

compact administrator of each other party state, which must include, at a minimum:

a. Identifying information;

b. Licensure data;

c. Information related to alternative program participation information; and

d. Other information that may facilitate the administration of this compact, as

determined by commission rules.

8. The compact administrator of a party state shall provide all investigative documents

and information requested by another party state.

ARTICLE VII - ESTABLISHMENT OF THE INTERSTATE COMMISSION OF ADVANCED

PRACTICE REGISTERED NURSE COMPACT ADMINISTRATORS

1. The party states hereby create and establish a joint public agency known as the

interstate commission of advanced practice registered nurse compact administrators.

a. The commission is an instrumentality of the party states.

b. Venue is proper, and judicial proceedings by or against the commission must be

brought solely and exclusively, in a court of competent jurisdiction where the

principal office of the commission is located. The commission may waive venue

and jurisdictional defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

c. This compact may not be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

a. Each party state must have and be limited to one administrator. The head of the

state licensing board or designee is the administrator of this compact for each

party state. Any administrator may be removed or suspended from office as

provided by the law of the state from which the administrator is appointed. Any

vacancy occurring in the commission must be filled in accordance with the laws of

the party state in which the vacancy exists.

b. Each administrator is entitled to one vote with regard to the promulgation of rules

and creation of bylaws and otherwise must have an opportunity to participate in

the business and affairs of the commission. An administrator shall vote in person

or by such other means as provided in the bylaws. The bylaws may provide for an

administrator's participation in meetings by telephone or other means of

communication.

c. The commission shall meet at least once during each calendar year. Additional

meetings must be held as set forth in the bylaws or rules of the commission.

d. All meetings are open to the public, and public notice of meetings must be given

in the same manner as required under the rulemaking provisions in article VIII.

e. The commission may convene in a closed, nonpublic meeting if the commission

must discuss:

(1) Noncompliance of a party state with its obligations under this compact;

(2) The employment, compensation, discipline, or other personnel matters,

practices, or procedures related to specific employees or other matters

related to the commission's internal personnel practices and procedures;

(3) Current, threatened, or reasonably anticipated litigation;

(4) Negotiation of contracts for the purchase or sale of goods, services, or real

estate;

(5) Accusing any person of a crime or formally censuring any person;

(6) Disclosure of trade secrets or commercial or financial information that is

privileged or confidential;

(7) Disclosure of information of a personal nature if disclosure would constitute

a clearly unwarranted invasion of personal privacy;

(8) Disclosure of investigatory records compiled for law enforcement purposes;

(9) Disclosure of information related to any reports prepared by or on behalf of

the commission for the purpose of investigation of compliance with this

compact; or

(10) Matters specifically exempted from disclosure by federal or state statute.

f. If a meeting, or portion of a meeting, is closed pursuant to this provision, the

commission's legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision. The commission

shall keep minutes that fully and clearly describe all matters discussed in a

meeting and shall provide a full and accurate summary of actions taken, and the

reasons for those actions, including a description of the views expressed. All

documents considered in connection with an action must be identified in such

minutes. All minutes and documents of a closed meeting must remain under seal,

subject to release by a majority vote of the commission or order of a court of

competent jurisdiction.

3. By a majority vote of the administrators, the commission shall prescribe bylaws or

rules to govern its conduct as may be necessary or appropriate to carry out the

purposes and exercise the powers of this compact, including:

a. Establishing the fiscal year of the commission;

b. Providing reasonable standards and procedures:

(1) For the establishment and meetings of other committees; and

(2) Governing any general or specific delegation of any authority or function of

the commission;

c. Providing reasonable procedures for calling and conducting meetings of the

commission, ensuring reasonable advance notice of all meetings, and providing

an opportunity for attendance of such meetings by interested parties, with

enumerated exceptions designed to protect the public's interest, the privacy of

individuals, and proprietary information, including trade secrets. The commission

may meet in closed session only after a majority of the administrators vote to

close a meeting in whole or in part. As soon as practicable, the commission shall

make public a copy of the vote to close the meeting revealing the vote of each

administrator, with no proxy votes allowed;

d. Establishing the titles, duties, and authority and reasonable procedures for the

election of the officers of the commission;

e. Providing reasonable standards and procedures for the establishment of the

personnel policies and programs of the commission. Notwithstanding any civil

service or other similar laws of any party state, the bylaws exclusively govern the

personnel policies and programs of the commission; and

f. Providing a mechanism for winding up the operations of the commission and the

equitable disposition of any surplus funds that may exist after the termination of

this compact after the payment and reserving of all of its debts and obligations.

4. The commission shall publish its bylaws and rules, and any amendments to the bylaws

and rules, in a convenient form on the website of the commission.

5. The commission shall maintain its financial records in accordance with the bylaws.

6. The commission shall meet and take such actions as are consistent with the

provisions of this compact and the bylaws.

7. The commission may:

a. Promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules have the force and effect of law and are

binding in all party states;

b. Bring and prosecute legal proceedings or actions in the name of the commission.

However, the standing of any licensing board to sue or be sued under applicable

law may not be affected;

c. Purchase and maintain insurance and bonds;

d. Borrow, accept, or contract for services of personnel, including employees of a

party state or nonprofit organizations;

e. Cooperate with other organizations that administer state compacts related to the

regulation of nursing, including sharing administrative or staff expenses, office

space, or other resources;

f. Hire employees, elect or appoint officers, fix compensation, define duties, grant

such individuals appropriate authority to carry out the purposes of this compact,

and to establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters;

g. Accept any and all appropriate donations, grants, and gifts of money, equipment,

supplies, materials, and services, and to receive, utilize, and dispose of the same.

However, at all times the commission shall strive to avoid any appearance of

impropriety or conflict of interest;

h. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve, or use, any property, whether real, personal, or mixed. However, at

all times the commission shall strive to avoid any appearance of impropriety;

i. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose

of any property, whether real, personal, or mixed;

j. Establish a budget and make expenditures;

k. Borrow money;

l. Appoint committees, including advisory committees comprised of administrators,

state nursing regulators, state legislators, or their representatives, and consumer

representatives, and other such interested persons;

m. Issue advisory opinions;

n. Provide and receive information from, and to cooperate with, law enforcement

agencies;

o. Adopt and use an official seal; and

p. Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of advanced

practice registered nurse licensure and practice.

8. Financing of the commission.

a. The commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization, and ongoing activities.

b. The commission may also levy on and collect an annual assessment from each

party state to cover the cost of its operations, activities, and staff in its annual

budget as approved each year. The aggregate annual assessment amount, if

any, must be allocated based upon a formula to be determined by the

commission, which shall promulgate a rule that is binding upon all party states.

c. The commission may not incur obligations of any kind before securing the funds

adequate to meet the same, nor may the commission pledge the credit of any of

the party states, except by, and with the authority of, such party state.

d. The commission shall keep accurate accounts of all receipts and disbursements.

The receipts and disbursements of the commission are subject to the audit and

accounting procedures established under its bylaws. However, all receipts and

disbursements of funds handled by the commission must be audited yearly by a

certified or licensed public accountant, and the report of the audit must be

included in and become part of the annual report of the commission.

9. Qualified immunity, defense, and indemnification.

a. The administrators, officers, executive director, employees, and representatives

of the commission are immune from suit and liability, either personally or in their

official capacity, for any claim for damage to or loss of property or personal injury

or other civil liability caused by or arising out of any actual or alleged act, error, or

omission that occurred, or that the person against which the claim is made had a

reasonable basis for believing occurred, within the scope of commission

employment, duties, or responsibilities. However, this subdivision may not be

construed to protect any such person from suit or liability for any damage, loss,

injury, or liability caused by the intentional, willful, or wanton misconduct of that

person.

b. The commission shall defend any administrator, officer, executive director,

employee, or representative of the commission in any civil action seeking to

impose liability arising out of any actual or alleged act, error, or omission that

occurred within the scope of commission employment, duties, or responsibilities,

or that the person against which the claim is made had a reasonable basis for

believing occurred within the scope of commission employment, duties, or

responsibilities, provided that nothing herein may be construed to prohibit that

person from retaining that person's own counsel and the actual or alleged act,

error, or omission may not result from that person's intentional, willful, or wanton

misconduct.

c. The commission shall indemnify and hold harmless any administrator, officer,

executive director, employee, or representative of the commission for the amount

of any settlement or judgment obtained against that person arising out of any

actual or alleged act, error, or omission that occurred within the scope of

commission employment, duties, or responsibilities, or that such person had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities, if the actual or alleged act, error, or

omission did not result from the intentional, willful, or wanton misconduct of that

person.

ARTICLE VIII - RULEMAKING

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this article and the rules adopted thereunder. Rules and amendments become

binding as of the date specified in each rule or amendment and have the same force

and effect as provisions of this compact.

2. Rules or amendments to the rules must be adopted at a regular or special meeting of

the commission.

3. Before promulgation and adoption of a final rule or rules by the commission, and at

least sixty days in advance of the meeting at which the rule will be considered and

voted upon, the commission shall file a notice of proposed rulemaking:

a. On the website of the commission; and

b. On the website of each licensing board or the publication in which each state

would otherwise publish proposed rules.

4. The notice of proposed rulemaking must include:

a. The proposed time, date, and location of the meeting at which the rule will be

considered and voted upon;

b. The text of the proposed rule or amendment, and the reason for the proposed

rule;

c. A request for comments on the proposed rule from any interested person; and

d. The manner in which interested persons may submit notice to the commission of

their intention to attend the public hearing and any written comments.

5. Before adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which must be made available to the

public.

6. The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment.

7. The commission shall publish the place, time, and date of the scheduled public

hearing.

a. Hearings must be conducted in a manner providing each person that wishes to

comment a fair and reasonable opportunity to comment orally or in writing. All

hearings must be recorded, and a copy must be made available upon request.

b. This section may not be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the commission at hearings

required by this section.

8. If no one appears at the public hearing, the commission may proceed with

promulgation of the proposed rule.

9. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and

oral comments received.

10. By majority vote of all administrators, the commission shall take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the

rulemaking record and the full text of the rule.

11. Upon determination that an emergency exists, the commission may consider and

adopt an emergency rule without prior notice, opportunity for comment, or hearing.

However, the usual rulemaking procedures provided in this compact and in this section

must be retroactively applied to the rule as soon as reasonably possible, in no event

later than ninety days after the effective date of the rule. For the purposes of this

provision, an emergency rule is one that must be adopted immediately in order to:

a. Meet an imminent threat to public health, safety, or welfare;

b. Prevent a loss of commission or party state funds; or

c. Meet a deadline for the promulgation of an administrative rule that is established

by federal law or rule.

12. The commission may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format, errors in consistency, or

grammatical errors. Public notice of any revisions must be posted on the website of

the commission. The revision may be subject to challenge by any person for a period

of thirty days after posting. The revision may be challenged only on grounds that the

revision results in a material change to a rule. A challenge must be made in writing,

and delivered to the commission, before the end of the notice period. If no challenge is

made, the revision will take effect without further action. If the revision is challenged,

the revision may not take effect without the approval of the commission.

ARTICLE IX - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1. Oversight.

a. Each party state shall enforce this compact and take all actions necessary and

appropriate to effectuate this compact's purposes and intent.

b. The commission is entitled to receive service of process in any proceeding that

may affect the powers, responsibilities, or actions of the commission, and has

standing to intervene in such a proceeding for all purposes. Failure to provide

service of process to the commission renders a judgment or order void as to the

commission, this compact, or promulgated rules.

2. Default, technical assistance, and termination.

a. If the commission determines that a party state has defaulted in the performance

of its obligations or responsibilities under this compact or the promulgated rules,

the commission shall:

(1) Provide written notice to the defaulting state and other party states of the

nature of the default, the proposed means of curing the default or any other

action to be taken by the commission; and

(2) Provide remedial training and specific technical assistance regarding the

default.

b. If a state in default fails to cure the default, the defaulting state's membership in

this compact may be terminated upon an affirmative vote of a majority of the

administrators, and all rights, privileges, and benefits conferred by this compact

may be terminated on the effective date of termination. A cure of the default does

not relieve the offending state of obligations or liabilities incurred during the

period of default.

c. Termination of membership in this compact must be imposed only after all other

means of securing compliance have been exhausted. Notice of intent to suspend

or terminate must be given by the commission to the governor of the defaulting

state and to the executive officer of the defaulting state's licensing board, the

defaulting state's licensing board, and each of the party states.

d. A state whose membership in this compact has been terminated is responsible

for all assessments, obligations, and liabilities incurred through the effective date

of termination, including obligations that extend beyond the effective date of

termination.

e. The commission may not bear any costs related to a state that is found to be in

default or whose membership in this compact has been terminated, unless

agreed upon in writing between the commission and the defaulting state.

f. The defaulting state may appeal the action of the commission by petitioning the

United States district court for the District of Columbia or the federal district in

which the commission has its principal offices. The prevailing party must be

awarded all costs of such litigation, including reasonable attorneys' fees.

3. Dispute resolution.

a. Upon request by a party state, the commission shall attempt to resolve disputes

related to the compact that arise among party states and between party and

nonparty states.

b. The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes, as appropriate.

c. If the commission cannot resolve disputes among party states arising under this

compact:

(1) The party states may submit the issues in dispute to an arbitration panel,

which will be comprised of individuals appointed by the compact

administrator in each of the affected party states and an individual mutually

agreed upon by the compact administrators of all the party states involved in

the dispute.

(2) The decision of a majority of the arbitrators is final and binding.

4. Enforcement.

a. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact.

b. By majority vote, the commission may initiate legal action in the United States

district court for the District of Columbia or the federal district in which the

commission has its principal offices against a party state that is in default to

enforce compliance with the provisions of this compact and its promulgated rules

and bylaws. The relief sought may include both injunctive relief and damages. If

judicial enforcement is necessary, the prevailing party must be awarded all costs

of such litigation, including reasonable attorneys' fees.

c. The remedies herein are not the exclusive remedies of the commission. The

commission may pursue any other remedies available under federal or state law.

ARTICLE X - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

1. This compact comes into limited effect at such time as this compact has been enacted

into law in seven party states for the sole purpose of establishing and convening the

commission to adopt rules relating to its operation.

2. Any state that joins this compact after the commission's initial adoption of the

advanced practice registered nurse uniform licensure requirements are subject to all

rules that have been previously adopted by the commission.

3. Any party state may withdraw from this compact by enacting a statute repealing the

same. A party state's withdrawal does not take effect until six months after enactment

of the repealing statute.

4. A party state's withdrawal or termination does not affect the continuing requirement of

the withdrawing or terminated state's licensing board to report adverse actions and

significant investigations occurring before the effective date of such withdrawal or

termination.

5. This compact may not be construed to invalidate or prevent any advanced practice

registered nurse licensure agreement or other cooperative arrangement between a

party state and a nonparty state that does not conflict with the provisions of this

compact.

6. This compact may be amended by the party states. An amendment to this compact

does not become effective and binding upon any party state until it is enacted into the

laws of all party states.

7. Representatives of nonparty states to this compact must be invited to participate in the

activities of the commission, on a nonvoting basis, before the adoption of this compact

by all states.

ARTICLE XI - CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed so as to effectuate the purposes of this compact.

The provisions of this compact are severable, and if any phrase, clause, sentence, or provision

of this compact is declared to be contrary to the constitution of any party state or of the United

States, or if the applicability thereof to any government, agency, person, or circumstance is held

invalid, the validity of the remainder of this compact and the applicability thereof to any

government, agency, person, or circumstance is not affected thereby. If this compact is held to

be contrary to the constitution of any party state, this compact remains in full force and effect as

to the remaining party states and in full force and effect as to the party state affected as to all

severable matters.
N.D. Cent. Code § 43-17-32.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-32.1
43-17-32.1. Temporary suspension - Appeal
Status: in_force

43-17-32.1. Temporary suspension - Appeal

1. When, based on verified evidence, the board determines by a clear and convincing

standard that the evidence presented to the board indicates that the continued practice

by the licensee would create a significant risk of serious and ongoing harm to the

public while a disciplinary proceeding is pending, and that immediate suspension of

the license is required to reasonably protect the public from that risk of harm, the

board may order a temporary suspension ex parte. For purposes of this section,

"verified evidence" means testimony taken under oath and based on personal

knowledge. The board shall give prompt written notice of the suspension to the

licensee, which must include a copy of the order and complaint, the date set for a full

hearing, and a specific description of the nature of the evidence, including a list of all

known witnesses and a description of any documents relied upon by the board in

ordering the temporary suspension which, upon request, must be made available to

the licensee.

2. An ex parte temporary suspension remains in effect until a final order is issued after a

full hearing or appeal under this section or until the suspension is otherwise terminated

by the board.

3. The board shall conduct a hearing on the merits of the allegations to determine what

disciplinary action, if any, shall be taken against the licensee who is the subject of the

ex parte suspension. That hearing must be held not later than thirty days from the

issuance of the ex parte temporary suspension order. The licensee is entitled to a

continuance of the thirty-day period upon request for a period determined by the

hearing officer.

4. The licensee may appeal the ex parte temporary suspension order prior to the full

hearing. For purposes of appeal, the district court shall decide whether the board

acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt

disposition thereof.

5. Any medical record of a patient, or other document containing personal information

about a patient, which is obtained by the board is a confidential record as defined in

section 44-04-17.1.
N.D. Cent. Code § 43-09-33 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-33
43-09-33. Inspection and testing of conveyances - Removal from service
Status: in_force

43-09-33. Inspection and testing of conveyances - Removal from service

1. The owner of a conveyance shall ensure each conveyance is inspected and tested as

required by the board.

2. All work required for inspections and tests of conveyances must be performed by an

elevator mechanic and must be witnessed by an elevator inspector.

3. Upon completion of an inspection, the elevator inspector shall provide the owner of the

conveyance and the board a written inspection report verifying code compliance or

describing any code violations found. If a conveyance fails an inspection, the owner of

the conveyance shall remove the conveyance from service until the violations are

remedied to the satisfaction of the board.

4. The board shall develop a schedule for required testing and inspection of elevators

and conveyances in the state.
N.D. Cent. Code § 43-11-25.2 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-25.2
43-11-25.2. Applications to practice cosmetology - Active-duty military members - Veterans - Spouses
Status: in_force

43-11-25.2. Applications to practice cosmetology - Active-duty military members -

Veterans - Spouses.

1. Active-duty military members, spouses of active-duty military members, veterans and

spouses of veterans, are eligible for provisional licensure under this chapter.

2. Active-duty military members and spouses of active-duty military members are exempt

from having to take an examination to practice under this chapter while on active-duty

status, upon filing the following:

a. A board-approved application;

b. Proof the applicant holds an active license in good standing, or an equivalent, to

practice cosmetology in another state, or territory of the United States, for the two

years immediately preceding the application, and the applicant's license remains

active and in good standing in the original jurisdiction; and

c. In the case of:

(1) An application from an active-duty military member, a copy of the member's

current military orders or current military identification card; or

(2) An application from a spouse of an active-duty military member, provide the

following:

(a) Proof the applicant is married to an active-duty military member by

providing a copy of a marriage certificate; and

(b) Proof the spouse is assigned to a duty station in this state by providing

a copy of the official active-duty military orders or proof the spouse

has been assigned to active duty in a foreign country and the

applicant is relocating to the state during the spouse's deployment.

3. A provisional license issued under subsection 2 must be:

a. Valid for three years from the date of original issuance;

b. Renewable with proof military orders continue to be active in the state; and

c. Issued without a fee.

4. For six months following honorable discharge from active duty, veterans and spouses

of veterans are exempt from having to take an examination to practice under this

chapter and may be issued a provisional license upon filing the following:

a. A board approved application;

b. Proof the applicant holds an active license in good standing, or an equivalent to

practice cosmetology in another state or territory of the United States, for the two

years immediately preceding the application, and the applicant's license remains

active and in good standing in the original jurisdiction; and

c. In the case of:

(1) An application from a veteran, a copy of the members discharge papers.

(2) An application from a spouse of a veteran, provide the following:

(a) Proof the applicant is married to the veteran by providing a copy of a

marriage certificate; and

(b) A copy of the spouse's discharge papers.

5. A provisional license issued under subsection 4 must be:

a. Valid for three years from the date of original issuance;

b. Nonrenewable; and

c. Issued without a fee.

6. If discharge of the veteran occurred more than six months prior, veterans and spouses

of veterans may be eligible to obtain a license to practice cosmetology in the state

under section 43-11-25.

7. The board shall prioritize and expedite an application received under this section from

an active-duty military member, the spouse of an active-duty military member, a

veteran, spouse of a veteran, or the surviving spouse of a veteran. The board shall

record, track, and monitor applications under this section.
N.D. Cent. Code § 43-13-24 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-24
43-13-24. Revocation of license - Hearing - Procedure - Witnesses - Expenses
Status: repealed

43-13-24. Revocation of license - Hearing - Procedure - Witnesses - Expenses

Repealed by S.L. 2019, ch. 349, § 6.
N.D. Cent. Code § 43-19.1-02 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-02
43-19.1-02. Definitions
Status: in_force

43-19.1-02. Definitions

In this chapter unless the context otherwise requires:

1. "Board" means the state board of registration for professional engineers and land

surveyors.

2. "Engineer" means a professional engineer.

3. "Engineer intern" means an individual who complies with the requirements for

education, experience, and character and who has passed an examination in the

fundamental engineering subjects, as provided in sections 43-19.1-12 and 43-19.1-15.

4. "Engineering surveys" means all survey activities required to support the sound

conception, planning, design, construction, maintenance, and operation of engineered

projects, which include locating or laying out alignments, positions, or elevations for

the construction of fixed works. The term does not include the surveying of real

property for the establishment of land boundaries, rights of way, easements, and the

dependent or independent surveys or resurveys of the public land survey system.

5. "Executive director" means the individual hired by the board to perform the duties

outlined in this chapter or such other duties as directed by the board.

6. "Land surveyor" means an individual engaged in the practice of land surveying.

7. "Land surveyor intern" means an individual who complies with the requirements for

education, experience, and character and who has passed an examination in the

fundamentals of mathematics and the basic principles of land surveying as required in

this chapter and as established by the board.

8. "Practice of engineering and practice of professional engineering" means any service

or creative work, the adequate performance of which requires engineering education,

training, and experience in the application of special knowledge of the mathematical,

physical, and engineering sciences to such services or creative work as consultation,

investigation, evaluation, planning and design of engineering works and systems,

engineering teaching of advanced engineering subjects or courses related thereto,

engineering surveys, and the inspection of construction for the purpose of assuring

compliance with drawings and specifications; any of which embraces such service or

work, either public or private, in connection with any utilities, structures, buildings,

machines, equipment, processes, work systems, or projects as are incidental to the

practice of engineering. A person must be construed to practice or offer to practice

engineering if the person practices any branch of the profession of engineering; if the

person, by verbal claim, sign, advertisement, letterhead, card, or in any other way

represents that the person is an engineer and is able to practice engineering in this

state if the person through the use of some other title implies that the person is an

engineer or that the person is registered under this chapter; or if the person holds out

as able to perform, or does perform any engineering service or work or any other

service that is recognized as engineering, for a valuable consideration for others,

including the public at large.

9. "Practice of land surveying":

a. Means making land boundary determinations by providing or offering to provide

professional services using such sciences as mathematics, geodesy, and

photogrammetry and involving the making of geometric measurements and

gathering related information pertaining to the physical or legal features of the

earth; improvements on the earth; and improvements on the space above, on, or

below the earth and providing, utilizing, or developing the same into land survey

products such as graphics, data, maps, plans, reports, descriptions, or projects.

As used in this subsection, professional services include acts of consultation,

investigation, testimony evaluation, expert technical testimony, planning,

mapping, assembling, and interpreting gathered measurements and information

related to any one or more of the following:

(1) Determining by measurement the configuration or contour of the earth's

surface or the position of fixed objects on the earth's surface;

(2) Determining by performing geodetic land surveys the size and shape of the

earth or the position of any point on the earth;

(3) Locating, relocating, establishing, re-establishing, or retracing property lines

or boundaries of any tract of land, road, right of way, or easement;

(4) Making any land survey for the division, subdivision, or consolidation of any

tract of land;

(5) Locating or laying out alignments, positions, or elevations for the

construction of fixed works;

(6) Determining by the use of principles of land surveying the position for any

survey monument, boundary or nonboundary, or reference point and

establishing or replacing any such monument or reference point; and

(7) Creating, preparing, or modifying electronic or computerized or other data

for the purpose of making land boundary determinations relative to the

performance of the activities in paragraphs 1 through 6.

b. Includes:

(1) Engaging in land surveying;

(2) By verbal claim, sign, advertisement, letterhead, card, or any other way

representing to a person to be a professional land surveyor;

(3) Through the use of some other title implying to be a professional land

surveyor or that the person is licensed or authorized under this chapter; and

(4) Holding out as able to perform or performing any land surveying service or

work or any other service designated by the practitioner which is recognized

as land surveying.

10. "Professional engineer" means an individual who by reason of special knowledge or

use of the mathematical, physical, and engineering sciences and the principles and

methods of engineering analysis and design, acquired by engineering education and

engineering experience, is qualified to practice engineering, and who has been

registered and licensed by the state board of registration for professional engineers

and land surveyors.

11. "Professional land surveyor" means a land surveyor who complies with the

requirements for education, experience, and character and who has been registered

and licensed by the board.

12. "Responsible charge" means direct control and personal supervision of engineering or

surveying work.

13. "Retired registrant" means a duly registered professional engineer or land surveyor

who is not engaged in active professional practice and is not required to meet the

continuing professional education requirements as prescribed by the board. A retired

registrant is issued a certificate of registration indicating "retired" status.
N.D. Cent. Code § 43-60-05 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-05
43-60-05. License renewal
Status: in_force

43-60-05. License renewal

A license issued under this chapter must be renewed annually on a date designated by the

board. The board shall renew a license upon payment of the renewal fee, submission of a

renewal application in a form approved by the board, and submission of evidence satisfactory to

the board of the applicant's current certification by the ABGC or ABMG.
N.D. Cent. Code § 43-23.2-08 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-08
43-23.2-08. Limitation of payment - Pro rata distribution
Status: in_force

43-23.2-08. Limitation of payment - Pro rata distribution

Notwithstanding any other provision of this chapter, the liability of that portion of the fund

allocated for the purposes of this chapter may not exceed fifteen thousand dollars for any one

licensee. If the fifteen thousand dollar liability of the fund is insufficient to pay in full the valid

claims of all aggrieved persons by whom claims have been filed against any one licensee, such

fifteen thousand dollars must be distributed among them in the ratio that their respective claims

bear to the aggregate of such valid claims or in such other manner as the court deems

equitable. Distribution of such moneys must be among the persons entitled to share therein,

without regard to the order or priority in which their respective judgments may have been

obtained or their claims have been filed. Upon petition of the commission the court may require

all claimants and prospective claimants against one licensee to be joined in one action, to the

end that the respective rights of all such claimants to the fund may be equitably adjudicated and

settled.
N.D. Cent. Code § 43-17.1-02 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-02
43-17.1-02. Investigative panels of the board
Status: in_force

43-17.1-02. Investigative panels of the board

1. For the purpose of investigating complaints or other information that might give rise to

a disciplinary proceeding against a licensee, the executive director of the board shall

designate two investigative panels, each composed of six members of the board. Five

members of each panel must be physician members of the board. One member of

each panel must be a public member of the board. One member of each panel must

be a physician assistant.

2. Each investigative panel shall select a chairman and a vice chairman from its own

members.

3. Each investigative panel may engage and share information with investigators,

medical experts, and such other experts as the panel in its discretion determines to be

necessary to accomplish its purposes. Information shared to such entities or

individuals remains confidential in the possession of the entities.

4. Cases for investigation must be assigned to each investigative panel by the executive

director of the board.
N.D. Cent. Code § 43-44-17 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-17
43-44-17. Penalty
Status: in_force

43-44-17. Penalty

A person that violates this chapter is guilty of a class B misdemeanor. Each act of such

unlawful practice constitutes a distinct and separate offense.
N.D. Cent. Code § 43-47-03.1 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-03.1
43-47-03.1. Authority to appoint or employ
Status: in_force

43-47-03.1. Authority to appoint or employ

The board may appoint or employ persons to assist the board in carrying out its duties

under this chapter.
N.D. Cent. Code § 43-18-09 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-09
43-18-09. Board to adopt plumbing code - Provisions have force of law
Status: in_force

43-18-09. Board to adopt plumbing code - Provisions have force of law

The board shall formulate, prepare, and circulate among all plumbers within this state a

state plumbing code, which must contain the minimum basic standards for plumbing, drainage,

and ventilation of plumbing in buildings of all classes. Such code must be approved by the

department of environmental quality. The provisions of said code have the force and effect of

law and any violation thereof constitutes a violation of this chapter.
N.D. Cent. Code § 43-32-13 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-13
43-32-13. Annual license fee
Status: in_force

43-32-13. Annual license fee

Annually, the board shall mail or transmit by electronic mail a renewal notice and application

to each licensee at the address or electronic mail address on file with the board. Before

November fifteenth of each year, every licensee shall apply for renewal on a renewal application

form provided by the board and pay to the secretary of the board an annual fee determined by

the board by rule. Upon confirmation by the board the renewal application is complete, the

criteria for renewal have been met, and the secretary of the board has received payment of the

annual fee, the secretary shall issue the licensee a certificate of annual renewal, which

commences on January first. An individual may not hold out as an industrial-organizational

psychologist or a psychologist until the annual fee is paid. The board may deny renewal of the

license of an individual who violates this section. Annually, the board shall mail or electronically

mail a renewal notice to each licensee at the address or electronic mail address on file with the

board.
N.D. Cent. Code § 43-12.1-08 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-08
43-12.1-08. Duties of the board
Status: in_force

43-12.1-08. Duties of the board

1. The board shall regulate the practice of nursing as provided in this chapter.

2. The board shall:

a. Enforce this chapter.

b. Adopt and enforce administrative rules necessary to administer this chapter after

collaborating and consulting with North Dakota nursing organizations and other

affected parties.

c. Appoint and employ a registered nurse to serve as executive director and

approve any additional staff positions necessary to administer this chapter.

d. Establish fees and receive all moneys collected under this chapter and authorize

all expenditures necessary to conduct the business of the board. Any balance of

fees after payment of expenditures must be used to administer this chapter.

e. Collect and analyze data regarding nursing education, nursing practice, and

nursing resources.

f. Issue and renew limited licenses or registrations to individuals requiring

accommodation to practice nursing or assist in the practice of nursing.

g. Conduct and support projects pertaining to funding assistance for nurse or

student participation in nursing education.

h. Establish a registry of individuals licensed or registered by the board.

i. Report annually to the governor and nursing profession regarding the regulation

of nursing in the state.

j. Conduct and support projects pertaining to nursing education and practice.

k. License qualified applicants for nurse licensure.

l. Register qualified applicants for the unlicensed assistive person registry.

m. Adopt and enforce rules for continuing competence of licensees and registrants.

n. Adopt and enforce rules for nursing practices.

o. Issue practice statements regarding the interpretation and application of this

chapter.

p. Adopt and enforce rules to establish an alternative to discipline program. Records

of an alternative to discipline program, including the identity of a nurse

participating in the alternative to discipline program, are exempt records under

section 44-04-17.1. Records of an alternative to discipline program may be

disclosed by the board when disclosure of the records is necessary to protect the

health, safety, and welfare of the public, when ordered by a court of competent

jurisdiction, and as otherwise determined by the board at the discretion of the

board.
N.D. Cent. Code § 43-19.1-17 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-17
43-19.1-17. Application for registration
Status: in_force

43-19.1-17. Application for registration

Application for registration as a professional engineer or land surveyor or for certification as

an engineer intern or land surveyor intern must be on a form prescribed and furnished by the

board containing statements made under oath, showing the applicant's education, a detailed

summary of the applicant's technical experience, and references as required by this chapter and

must be accompanied by registration fees.
N.D. Cent. Code § 43-23.3-17 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-17
43-23.3-17. Retention of records
Status: in_force

43-23.3-17. Retention of records

An apprentice, licensed, or certified appraiser shall comply with the recordkeeping rule as

specified in the uniform standards of professional appraisal practice.
N.D. Cent. Code § 43-18-05 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-05
43-18-05. Members of board and employees - Compensation
Status: in_force

43-18-05. Members of board and employees - Compensation

Each appointed member of the board is entitled to receive compensation in an amount

determined by the board, not to exceed one hundred dollars per day, for actual services

rendered in the performance of the member's duties under this chapter, and each member and

employee of the board is entitled to receive traveling expenses incurred in the performance of

official duties. Allowances for traveling expenses must be as provided by law for state officials

and employees. The compensation and expense must be paid out of the state plumbing board

fund. The compensation provided for in this section may not be paid to any member of the

board who receives salary or other compensation as a regular employee of the state or any of

its political subdivisions or any institution or industry operated by the state.
N.D. Cent. Code § 43-17.5-04 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-04
43-17.5-04. Compact privilege
Status: in_force

43-17.5-04. Compact privilege

1. To exercise the compact privilege, a licensee shall:

a. Have graduated from a physician assistant program accredited by the

accreditation review commission on education for the physician assistant or other

program authorized by commission rule;

b. Hold current national commission on certification of physician assistants'

certification;

c. Have no felony or misdemeanor conviction;

d. Have never had a controlled substance license, permit, or registration suspended

or revoked by a state or by the United States drug enforcement administration;

e. Have a unique identifier as determined by commission rule;

f. Hold a qualifying license;

g. Have had no revocation of a license or limitation or restriction on any license

currently held due to an adverse action, or if a licensee had a limitation or

restriction on a license or compact privilege due to an adverse action, two years

has elapsed from the date on which the license or compact privilege is no longer

limited or restricted due to the adverse action, or if a compact privilege has been

revoked or is limited or restricted in a participating state for conduct that would

not be a basis for disciplinary action in a participating state in which the licensee

is practicing or applying to practice under a compact privilege, that participating

state may not consider such action as an adverse action requiring the denial or

removal of a compact privilege in that state;

h. Notify the compact commission that the licensee is seeking the compact privilege

in a remote state;

i. Meet any jurisprudence requirement of a remote state in which the licensee is

seeking to practice under the compact privilege and pay any fees applicable to

satisfying the jurisprudence requirement; and

j. Report to the commission any adverse action taken by a nonparticipating state

within thirty days after the action is taken.

2. The compact privilege is valid until the expiration or revocation of the qualifying license

unless terminated pursuant to an adverse action. The licensee shall comply with the

requirements of subsection 1 to maintain the compact privilege in a remote state. If the

participating state takes adverse action against a qualifying license, the licensee loses

the compact privilege in any remote state in which the licensee has a compact

privilege until all of the following occur:

a. The license is no longer limited or restricted; and

b. Two years have elapsed from the date on which the license is no longer limited or

restricted due to the adverse action.

3. Once a restricted or limited license satisfies the requirements of subsection 2, the

licensee shall meet the requirements of subsection 1 to obtain a compact privilege in

any remote state.

4. For each remote state in which a physician assistant seeks authority to prescribe

controlled substances, the physician assistant shall satisfy all requirements imposed

by such state in granting or renewing such authority.
N.D. Cent. Code § 43-23-04 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-04
43-23-04. Commission - Compensation
Status: in_force

43-23-04. Commission - Compensation

The members of the commission are entitled to receive per diem, not to exceed the daily

compensation rate a member of the legislative assembly is entitled to receive under section

54-35-10 for attendance at a legislative management committee meeting, as determined by the

commission in the annual budget process, for each day actually engaged in the service of the

commission and to be paid actual and necessary traveling expenses to be paid only from the

fund derived from fees collected in the administration of this chapter. All moneys or fees

collected or received by the commission must be deposited and disbursed in accordance with

section 54-44-12.
N.D. Cent. Code § 43-18-01 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-01
43-18-01. Definitions
Status: in_force

43-18-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Board" means the state board of plumbing.

2. "Journeyman plumber" means any person, other than a master plumber, who, as the

person's principal occupation, is engaged in the practical installation, alteration, and

repair of plumbing.

3. "Master plumber" means a person skilled in the planning, supervision, and the

practical installation, alteration, and repair of plumbing, and familiar with the laws,

rules, and regulations governing the same.

4. "Plumber's apprentice" means any person other than a journeyman or a master

plumber, who, as the person's principal occupation, is engaged in learning and

assisting in the installation, alteration, and repair of plumbing and drainage, under the

immediate and personal supervision of either a master or a journeyman plumber.

5. "Plumbing" means the installation, maintenance, extension, alteration, and removal of

all piping, plumbing fixtures, plumbing appliances, and other appurtenances in

connection with bringing water into, and using the same in buildings, and for removing

liquids and water-carried wastes therefrom.
N.D. Cent. Code § 43-09-30 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-30
43-09-30. Conveyance permit expiration
Status: in_force

43-09-30. Conveyance permit expiration

1. A permit is deemed expired if:

a. The work authorized by the permit is not commenced within six months after the

date on which the permit is issued or within a shorter period as specified on the

permit; or

b. After the work has commenced, the work is suspended or abandoned for sixty

days or a shorter time specified on the permit.

2. The board may allow an extension under subsection 1.
N.D. Cent. Code § 43-52-02 — ND Code / Title 43 / Chapter 43-52 / Section 43-52-02
43-52-02. Practice of interpreting
Status: in_force

43-52-02. Practice of interpreting

An individual may not practice or represent as an interpreter for deaf, deaf-blind,

speech-impaired, or hard-of-hearing individuals in the state unless the individual holds a valid

nationally recognized certification. A person may not provide video remote interpreting services

in this state unless the person is an individual who holds a valid nationally recognized

certification.
N.D. Cent. Code § 43-61-04 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-04
43-61-04. Qualifications for licensure
Status: in_force

43-61-04. Qualifications for licensure

To obtain a license to practice acupuncture in this state, an application must be made to the

board. The application must be upon the form adopted by the board and must be made in the

manner prescribed by the board.
N.D. Cent. Code § 43-50-03 — ND Code / Title 43 / Chapter 43-50 / Section 43-50-03
43-50-03. Inclusion of social security number in automated database
Status: in_force

43-50-03. Inclusion of social security number in automated database

An issuer of an occupational or professional certificate, permit, or license, that maintains an

automated database concerning individuals who have applied for or been issued a certificate,

permit, or license, after July 1, 1997, must include the individual's social security number as an

identifier in that database.
N.D. Cent. Code § 43-33-16 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-16
43-33-16. Duties of the board
Status: repealed

43-33-16. Duties of the board

Repealed by S.L. 1991, ch. 474, § 17.
N.D. Cent. Code § 43-11-13.2 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-13.2
43-11-13.2. Homebound license
Status: repealed

43-11-13.2. Homebound license

Repealed by S.L. 2021, ch. 309, § 31.
N.D. Cent. Code § 43-34-13 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-13
43-34-13. Offense - Penalty
Status: in_force

43-34-13. Offense - Penalty

It is a class A misdemeanor for any person to act or serve in the capacity as a nursing home

administrator unless that person is the holder of a license as a nursing home administrator,

issued in accordance with the provisions of this chapter.
N.D. Cent. Code § 43-15.3-09 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-09
43-15.3-09. Penalties
Status: in_force

43-15.3-09. Penalties

1. The board may impose the following sanctions if, after a hearing under chapter 28-32,

the board finds that a person violated section 43-15.3-08:

a. Revoke, suspend, or limit the wholesale distributor's license issued under this

chapter if the person is a wholesale distributor; or

b. Assess a civil penalty against the person. A civil penalty assessed may not

exceed ten thousand dollars per violation.

2. The board, upon a showing of a violation of this chapter, may revoke, suspend, or limit

a license issued under this chapter after a proceeding under chapter 28-32. After a

proceeding under chapter 28-32, the board may assess a civil penalty against a

licensed wholesale distributor of not more than ten thousand dollars for each

occurrence. If the licensed wholesale distributor fails to pay the civil penalty within the

time specified by the board, the board may suspend the license without additional

proceedings.

3. Upon application by the board, a court may grant an injunction, a restraining order, or

other order to enjoin a person from offering to engage or engaging in the performance

of any practices for which a permit or license is required by any applicable federal or

state law including this chapter, upon a showing that the practices were or are likely to

be performed or offered to be performed without a permit or license. An action brought

under this subsection must be commenced either in the county where the conduct

occurred or is likely to occur or in the county in the state where the defendant resides.

An action brought under this subsection is in addition to any other penalty provided by

law and may be brought concurrently with other actions to enforce this chapter.

4. A person that knowingly purchases or receives a prescription drug, medical gas, or

medical equipment through any source other than a person licensed under this

chapter, including a wholesale distributor, manufacturer, pharmacy distributor, or

pharmacy commits a class A misdemeanor. A subsequent unrelated violation of this

subsection is a class C felony.

5. A person that knowingly fails to provide a duly authorized individual the right of entry

as provided in subsection 5 of section 43-15.3-04 is guilty of a class A misdemeanor

for the first conviction and a class C felony for each subsequent conviction.

6. A person that knowingly or intentionally engages in the wholesale distribution of a

prescription drug, medical gas, or medical equipment without a license issued under

this chapter commits a class C felony. A person is guilty of a class C felony if that

person engages in the wholesale distribution of a prescription drug and with intent to

defraud or deceive fails to obtain or deliver to another person a complete and accurate

required pedigree concerning a prescription drug before obtaining the prescription

drug from another person or transferring the prescription drug to another person or

falsely swears or certifies that the person has authenticated any documents to the

wholesale distribution of prescription drugs.

7. A person is guilty of a class C felony if that person engages in the wholesale

distribution of a prescription drug, medical gas, or medical equipment and knowingly or

intentionally:

a. Destroys, alters, conceals, or fails to maintain a complete and accurate required

pedigree concerning a prescription drug in the person's possession;

b. Purchases or receives prescription drugs, medical gases, or medical equipment

from a person not authorized to distribute prescription drugs, medical gases, or

medical equipment in wholesale distribution;

c. Sells, barters, brokers, or transfers a prescription drug, medical gas, or medical

equipment to a person not authorized to purchase the prescription drug, medical

gas, or medical equipment in the jurisdiction in which the person receives the

prescription drug, medical gas, or medical equipment in a wholesale distribution;

d. Forges, counterfeits, or falsely creates a pedigree;

e. Falsely represents a factual matter contained in a pedigree; or

f. Fails to record material information required to be recorded in a pedigree.

8. A person is guilty of a class C felony if that person engages in the wholesale

distribution of a prescription drug and possesses a required pedigree concerning a

prescription drug, knowingly or intentionally fails to authenticate the matters contained

in the pedigree as required, and distributes or attempts to further distribute the

prescription drug.
N.D. Cent. Code § 43-18-18 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-18
43-18-18. Grounds for revocation of license
Status: in_force

43-18-18. Grounds for revocation of license

The board may revoke any certificate issued under the provisions of this chapter if the

holder is guilty of:

1. Commission of an offense determined by the board to have a direct bearing upon the

holder's ability to serve the public as a plumber, or the board determines, following

conviction of any offense, that the holder is not sufficiently rehabilitated under section

12.1-33-02.1;

2. Error or fraud in obtaining the holder's certificate;

3. Permitting the use of the holder's certificate and license in violation of this chapter;

4. Incompetency;

5. Failure to furnish certification of completion of continuing education as required under

section 43-18-17.1; or

6. Failure to report work as required under section 43-18-17.2.
N.D. Cent. Code § 43-15-13 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13
43-15-13. State board of pharmacy - When members may teach pharmacy
Status: repealed

43-15-13. State board of pharmacy - When members may teach pharmacy

Repealed by S.L. 1995, ch. 407, § 1.
N.D. Cent. Code § 43-40-05 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-05
43-40-05. Board powers, duties, and authority
Status: in_force

43-40-05. Board powers, duties, and authority

The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate

the qualifications, and approve the examinations for licensure under this chapter. The board

shall keep any records and minutes as are necessary to carry out its functions. The board may:

1. Issue subpoenas, examine witnesses, and administer oaths, and may investigate

allegations of practices violating the provisions of this chapter.

2. Adopt rules pursuant to chapter 28-32, relating to professional conduct to carry out the

policy of this chapter, including rules relating to professional licensure and to the

establishment of ethical standards of practice for persons holding a license to practice

occupational therapy in this state.
N.D. Cent. Code § 43-43-08 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-08
43-43-08. Penalty
Status: in_force

43-43-08. Penalty

Any person who violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-34-03.2 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-03.2
43-34-03.2. Criminal history record checks
Status: in_force

43-34-03.2. Criminal history record checks

The board shall require an applicant for licensure under section 43-34-04, 43-34-11, or

43-34-12 to submit to a statewide and nationwide criminal history record check. The board may

require any licensee to submit to a statewide and nationwide criminal history record check. The

nationwide criminal history record check must be conducted in the manner provided in section
N.D. Cent. Code § 43-07-25 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-25
43-07-25. Licensed contractors' list
Status: in_force

43-07-25. Licensed contractors' list

On request, the registrar shall provide city and county enforcement officials with a list of

contractors licensed under this chapter. The registrar shall also provide similar information to

persons governed by section 43-07-24. Whenever the registrar obtains information on the

activities of a contractor doing business in this state of which officials of workforce safety and

insurance, job service North Dakota, or tax commissioner may be unaware and that may be

relevant to the duties of those officials, the registrar shall provide any relevant information to

those officials for the purpose of administering their duties.
N.D. Cent. Code § 43-17-02.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-02.1
43-17-02.1. Physician assistant - Scope of practice
Status: in_force

43-17-02.1. Physician assistant - Scope of practice

1. An individual providing the services of a physician assistant under this chapter to a

patient located in this state shall possess an active North Dakota license for physician

assistant practice or be privileged to practice in this state under chapter 43-17.5. The

board shall adopt rules governing the conduct, licensure, fees for licensure and

privilege, qualifications, and discipline of physician assistants. Physician assistants are

not authorized to perform any services that must be performed by individuals licensed

under chapters 43-12.1, 43-13, 43-15, and 43-28 or services otherwise regulated by

licensing laws, notwithstanding medical doctors are not required to be licensed

specifically to perform the services contemplated under such chapters or licensing

laws.

2. A physician assistant may:

a. Provide a legal medical service for which a physician assistant is prepared by

education, training, and experience and is competent to perform, including:

(1) Obtaining and performing a comprehensive health history and physical

examination;

(2) Evaluating, diagnosing, managing, and providing medical treatment;

(3) Ordering and evaluating a diagnostic study and therapeutic procedure;

(4) Performing a diagnostic study or therapeutic procedure not involving the use

of medical imaging as defined in section 43-62-01 or radiation therapy as

defined in section 43-62-01;

(5) Performing limited sonography on a focused imaging target to assess

specific and limited information about a patient's medical condition or to

provide real-time visual guidance for another procedure;

(6) Educating a patient on health promotion and disease prevention;

(7) Providing consultation upon request; and

(8) Writing a medical order;

b. Obtain informed consent;

c. Supervise, delegate, and assign therapeutic and diagnostic measures not

involving the use of medical imaging as defined in section 43-62-01 or radiation

therapy as defined in section 43-62-01 to licensed or unlicensed personnel;

d. Certify the health or disability of a patient as required by any local, state, or

federal program;

e. Authenticate any document with the signature, certification, stamp, verification,

affidavit, or endorsement of the physician assistant if the document may be

authenticated by the signature, certification, stamp, verification, affidavit, or

endorsement of a physician; and

f. Pronounce death.

3. A physician assistant shall collaborate with, consult with, or refer to the appropriate

member of the health care team as indicated by the condition of the patient, the

education, experience, and competence of the physician assistant, and the standard of

care. The degree of collaboration must be determined at the practice which may

include decisions made by the employer, group, hospital service, and the credentialing

and privileging systems of a licensed facility. A physician assistant is responsible for

the care provided by that physician assistant and a written agreement relating to the

items in this chapter is not required.

4. A physician assistant:

a. May prescribe, dispense, administer, and procure drugs and medical devices;

b. May plan and initiate a therapeutic regimen that includes ordering and prescribing

nonpharmacological interventions, including durable medical equipment, nutrition,

blood and blood products, and diagnostic support services, including home health

care, hospice, and physical and occupational therapy;

c. May prescribe and dispense schedule II through V substances as designated by

the federal drug enforcement agency and all legend drugs;

d. May not dispense a drug, unless pharmacy services are not reasonably available,

dispensing is in the best interest of the patient, or an emergency exists;

e. May request, receive, and sign for a professional sample, and may distribute a

professional sample to a patient; and

f. If prescribing or dispensing a controlled substance, shall register with the federal

drug enforcement administration and shall comply with appropriate state and

federal laws.

5. A physician assistant shall practice at a licensed health care facility, facility with a

credentialing and privileging system, physician-owned facility or practice, or facility or

practice approved by the board.

6. Notwithstanding subsections 3 and 5, a physician assistant with less than four

thousand hours of practice approved by the board under subsection 5 shall execute a

written collaborative agreement that:

a. Is between a physician and a physician assistant with less than four thousand

hours practice;

b. Describes how collaboration required under subsection 3 must occur; and

c. Is available to the board on request.

7. A physician assistant shall comply with any privileging and credentialing systems at

the facility at which the physician assistant practices.
N.D. Cent. Code § 43-65-01 — ND Code / Title 43 / Chapter 43-65 / Section 43-65-01
43-65-01. Definitions
Status: in_force

43-65-01. Definitions

As used in this chapter:

1. "Advertisement" means a communication or statement, whether printed, electronic, or

oral, which names the health care practitioner in relation to the practitioner's practice,

profession, or institution in which the practitioner is employed, volunteers, or otherwise

provides health care services. The term includes a communication or statement on a

business card, on letterhead, in a patient brochure, in electronic mail, on the internet,

in an audio or video format, and any other communication or statement used in the

course of business.

2. "Deceptive" or "misleading" includes an advertisement or affirmative communication or

representation that misstates, falsely describes, holds out, or falsely details the health

care practitioner's profession, skills, training, expertise, education, board certification,

or licensure.

3. "Health care practitioner" means the following health care licensure types:

a. Practitioners of allopathic medicine, signified by the letters "M.D." or the words

surgeon, medical doctor, or doctor of medicine, by an individual licensed to

practice medicine and surgery.

b. Practitioners of osteopathic medicine, signified by the letters "D.O." or the words

surgeon, osteopathic surgeon, osteopath, doctor of osteopathy, or doctor of

osteopathic medicine.

c. Practitioners of nursing, signified by the letters "D.N.P.", "N.P.", "R.N.", "L.P.N.",

"C.R.N.A.", or any other commonly used signifier to denote a doctorate of nursing

practice, advanced practice practitioner, registered nurse, licensed practical

nurse, or certified registered nurse anesthetist, respectively, as appropriate to

signify the degree of licensure and degree earned from an accredited institution

of higher education in the appropriate field of learning.

d. Practitioners of podiatry, signified by the letters "D.P.M." or the words podiatrist,

doctor of podiatry, podiatric surgeon, or doctor of podiatric medicine.

e. Practitioners of chiropractic, signified by the letters "D.C." or the words

chiropractor, chiropractic physician, or doctor of chiropractic.

f. Practitioners of naturopathy, signified by the letters "N.D." or the words

naturopathic doctor or doctor of naturopathy.

g. Physician assistants, signified by the letters "P.A." or the words physician

assistant.

h. Physical therapists, signified by the letters "P.T.", "D.P.T.", "M.P.T.", or the words

physical therapists.

i. Medical assistants, signified by the letters "M.A." or the words medical assistant.

j. Practitioners of audiology, signified by the letters "Au.D.", "Sc.D.", "Ph.D.", or the

words audiologist or doctor of audiology.

k. Psychologists, signified by the letters "Ph.D.", "Psy.D.", "Ed.D." or the word

psychologist.
N.D. Cent. Code § 43-19.1-03 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-03
43-19.1-03. Board - Appointments - Terms
Status: in_force

43-19.1-03. Board - Appointments - Terms

A state board of registration for professional engineers and land surveyors is hereby created

the duty of which is to administer this chapter. The board consists of one professional land

surveyor and four professional engineers. The board members who are professional engineers

must be appointed by the governor from among a list of nominees submitted to the governor by

the North Dakota society of professional engineers who must have the qualifications required by

section 43-19.1-04, such list must include the names of at least three nominees for each

vacancy to be filled. The governor shall appoint the professional land surveyor member of the

board from a list of nominees submitted by the North Dakota society of professional land

surveyors. The list must include the names of at least three nominees for the vacancy to be

filled. The members must possess the qualifications required by section 43-19.1-04. The

members of the board must be appointed for five-year terms that are staggered so the term of

one member expires June thirtieth of each year. Each member of the board shall receive a

certificate of appointment from the governor and shall file with the secretary of state a written

oath or affirmation for the faithful discharge of the member's official duties. On the expiration of

the term of any member, the governor shall appoint for a term of five years a board member

having the qualifications required in section 43-19.1-04 to take the place of the member whose

term on the board is about to expire. A member may be reappointed. Each member shall hold

office until the expiration of the term for which appointed or until a successor has been duly

appointed and has qualified.
N.D. Cent. Code § 43-15-25.3 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-25.3
43-15-25.3. Approved laboratory tests
Status: repealed

43-15-25.3. Approved laboratory tests

Repealed by S.L. 2025, ch. 655, § 6.
N.D. Cent. Code § 43-19.1-31 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-31
43-19.1-31. Violation and penalties
Status: in_force

43-19.1-31. Violation and penalties

Any person that practices or offers to practice engineering or land surveying in this state

without being registered in accordance with the provisions of this chapter; any person using or

employing the words "engineer", "engineering", "professional engineer", "surveyor", "land

surveyor", "professional land surveyor", or any modification or derivative of these terms in that

person's name, form of business, or activity, except as authorized in this chapter; any person

presenting or attempting to use the certificate of registration or the seal of another; any person

giving any false or forged evidence of any kind to the board or to any member of the board in

obtaining or attempting to obtain a certificate of registration; or any person falsely impersonating

any other registrant of like or different name; any person attempting to use an expired or

revoked or nonexistent certificate of registration practicing or offering to practice when not

qualified; any person falsely claiming that person is registered under this chapter; or any person

violating any of the provisions of this chapter is guilty of a class B misdemeanor. It is the duty of

all duly constituted officers of the state, and of all political subdivisions of the state, to enforce

the provisions of this chapter. In addition to any criminal penalty authorized under this section,

the board may assess a civil penalty not to exceed two thousand five hundred dollars for each

violation of section 43-19.1-25. The civil penalty may be imposed by a court in a civil proceeding

or by the board through an administrative proceeding.
N.D. Cent. Code § 43-60-02 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-02
43-60-02. Practice of genetic counseling - Exemptions
Status: in_force

43-60-02. Practice of genetic counseling - Exemptions

1. A person may not engage in the practice of genetic counseling, act or represent to be

a genetic counselor, or use such titles as genetic counselor, licensed genetic

counselor, gene counselor, genetic associate, or any words, letters, abbreviations, or

insignia, such as certified genetic counselor or CGC, indicating or implying that person

is a genetic counselor, unless the person is an individual who holds a license or

temporary license issued by the board under this chapter and otherwise complies with

the provisions of this chapter. An individual who is exempt from the licensure

requirements of this chapter may not use a title indicating or implying the individual is a

genetic counselor.

2. Genetic testing may be ordered by a licensed genetic counselor or in coordination with

a North Dakota licensed health care provider acting within the provider's scope of

practice and privileged to do so. Nothing in this chapter authorizes a genetic counselor

to practice medicine, including treatment or medical management of a patient. If, in the

course of providing genetic counseling to a client, a genetic counselor finds any

indication of a disease or condition that requires medical assessment or treatment, the

genetic counselor shall refer the client to a provider licensed to practice medicine.

3. The following individuals may engage in the practice of genetic counseling without

being licensed under this chapter:

a. A licensed health care professional practicing within the professional's scope of

practice;

b. A student or intern from a board-recognized school;

c. An individual trained as a Ph.D. medical geneticist;

d. A consultant from another state who is board-certified by the ABGC or the ABMG,

for the limited purpose of consulting with a genetic counselor;

e. An employee of the department of health and human services in the provision of

education regarding single gene conditions, including sickle cell, cystic fibrosis,

and hemoglobinopathies; and

f. An individual acting within the scope of religious ministerial duties.
N.D. Cent. Code § 43-12.1-16.1 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-16.1
43-12.1-16.1. Supervision and delegation of nursing interventions
Status: in_force

43-12.1-16.1. Supervision and delegation of nursing interventions

A nurse may supervise and delegate nursing interventions to an individual exempt under

subsection 13 of section 43-12.1-04.
N.D. Cent. Code § 43-15-31.2 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.2
43-15-31.2. Prescription drug information required
Status: in_force

43-15-31.2. Prescription drug information required

With each prescription dispensed, the licensed pharmacist or the licensed intern

pharmacist, in addition to labeling the prescription in accordance with law, must explain to the

patient or the patient's agent the directions for use and a warning of the potential harmful effect

of combining any form of alcoholic beverage with the medication and any additional information,

in writing if necessary, to assure the proper utilization of the medication or device prescribed.

For those prescriptions delivered outside the confines of the pharmacy, the explanation must be

by telephone or in writing, provided that this does not apply to those prescriptions for patients in

hospitals or institutions where the medication is to be administered by a nurse or other individual

licensed to administer medications, or to those prescriptions for patients who are to be

discharged from a hospital or institution.
N.D. Cent. Code § 43-13-25 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-25
43-13-25. Determination of board constitutes revocation of license
Status: repealed

43-13-25. Determination of board constitutes revocation of license

Repealed by S.L. 2019, ch. 349, § 6.
N.D. Cent. Code § 43-15-31 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31
43-15-31. Prescriptions to be filed and preserved
Status: in_force

43-15-31. Prescriptions to be filed and preserved

Every licensed pharmacist in the state shall file, or cause to be filed, any prescription, or a

copy thereof, which has been compounded or dispensed in the pharmacist's pharmacy or

drugstore. The prescription or a copy of the prescription must be preserved for at least five

years after it has been filled. The pharmacist may furnish a copy of any prescription to the party

presenting it on the request of such party only.
N.D. Cent. Code § 43-03-24 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-24
43-03-24. Landscape architect and architect advisory committees
Status: repealed

43-03-24. Landscape architect and architect advisory committees

Repealed by S.L. 2009, ch. 358, § 20.
N.D. Cent. Code § 43-04-45 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-45
43-04-45. Penalty
Status: in_force

43-04-45. Penalty

1. An individual is guilty of a class B misdemeanor if the individual:

a. Violates any provision of section 43-04-21, 43-04-30, 43-04-43, or 43-04-43.1;

b. Permits any individual in that individual's employ, supervision, or control to

practice as a barber unless the employed, supervised, or controlled individual has

a certificate of registration as a registered barber;

c. Obtains or attempts to obtain a certificate of registration by the payment of money

other than the required fee, or any other thing of value, or by fraudulent

misrepresentations;

d. Practices or attempts to practice by fraudulent misrepresentations; or

e. Willfully fails to display a certificate of registration as required by this chapter.

2. An individual who violates this chapter, or any rule, subpoena, or order of the board

lawfully made under this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-17.5-13 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-13
43-17.5-13. Binding effect of compact
Status: in_force

43-17.5-13. Binding effect of compact

1. This compact does not prevent the enforcement of any other law of a participating

state that is not inconsistent with this compact.

2. A law in a participating state in conflict with this compact is superseded to the extent of

the conflict.

3. All agreements between the commission and the participating states are binding in

accordance with the terms of the agreement.
N.D. Cent. Code § 43-61-10 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-10
43-61-10. Employment by hospitals
Status: in_force

43-61-10. Employment by hospitals

A hospital may employ an acupuncturist in the same manner as provided under section

43-17-42.
N.D. Cent. Code § 43-55-07 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-07
43-55-07. Benefit plans
Status: in_force

43-55-07. Benefit plans

1. Both a client and a professional employer organization are deemed to be an employer

for purposes of sponsoring retirement and welfare benefit plans for a covered

employee.

2. A fully insured welfare benefit plan offered to the covered employees of a professional

employer organization is considered a single employer welfare benefit plan and may

not be considered a multiple employer welfare arrangement.

3. For purposes of chapter 26.1-36.3, a professional employer organization is considered

the employer of all of its covered employees, and all covered employees of any client

participating in a health benefit plan sponsored by a single professional employer

organization are considered employees of the professional employer organization.

4. If a professional employer organization offers to its covered employees any health

benefit plan that is not fully insured by an authorized insurer, the plan must:

a. Utilize an authorized third-party administrator;

b. Hold all plan assets, including participant contributions, in a trust account;

c. Provide sound reserves for the plan as determined using generally accepted

actuarial standards; and

d. Provide written notice to each covered employee participating in the benefit plan

that the plan is self-insured or is not fully insured.
N.D. Cent. Code § 43-07-04 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-04
43-07-04. License - How obtained - Failure to grant - Revocation for not in good standing
Status: in_force

43-07-04. License - How obtained - Failure to grant - Revocation for not in good

standing.

1. To obtain a license under this chapter, an applicant who is eighteen years of age or

older shall submit, on forms the registrar prescribes, an application under oath

containing a statement of the applicant's experience and qualifications as a contractor.

A copy of a certificate of liability insurance must be filed with the application and the

contractor shall submit a statement from North Dakota workforce safety and insurance

that the contractor has secured workforce safety and insurance coverage satisfactory

to workforce safety and insurance. If the registrar deems it appropriate or necessary,

the registrar may also require any other information to assist the registrar in

determining the applicant's eligibility to act in the capacity of a contractor, including, at

the expense of the applicant, criminal history record information of the applicant or the

officers, members, or partners of the applicant which is held or maintained by the

bureau of criminal investigation or a similar entity in another state. The application

must contain a statement that the applicant desires the issuance of a license under

this chapter and must specify the class of license sought.

2. The registrar may refuse to grant a license if the registrar determines the application

contains incomplete information, or the applicant fails or refuses to authorize or pay for

criminal history information requested by the registrar. The registrar shall notify the

applicant in writing if the registrar does not grant the license and shall provide the

applicant an opportunity to respond to or cure the defect in the application for a period

of ten days from the date of the written notification. An applicant aggrieved by a

decision of the registrar not to grant the license may appeal the decision to the district

court of the applicant's county of residence or Burleigh County.

3. No sooner than twenty days after sending written notice to a contractor at the

contractor's last-known address, the registrar shall classify as not in good standing the

license of any contractor who fails to:

a. Maintain liability insurance coverage required by this section or by section

43-07-10;

b. File, renew, or properly amend any fictitious name certificate required by

chapter 45-11;

c. Maintain an active status of a corporation or registration as a foreign corporation;

d. Maintain an active status of a limited liability company or registration as a foreign

limited liability company;

e. File or renew a trade name registration as required by chapter 47-25;

f. Maintain a limited liability partnership registration or foreign limited liability

partnership registration as required by chapter 45-22; or

g. Maintain a limited partnership certificate of limited partnership or foreign limited

partnership certificate of authority.

4. Any contractor who has been notified by the registrar that the contractor's license is

not in good standing shall cease soliciting or entering new contract projects. If the

contractor fails to correct the deficiency specified in the notice by evidence satisfactory

to the registrar within thirty days of the date of the notice or if the contractor solicits or

enters new contract projects while the contractor's license is not in good standing, the

registrar shall use the procedures of chapter 28-32 to revoke the license of the

contractor.
N.D. Cent. Code § 43-15.3-05 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-05
43-15.3-05. Restrictions on transactions
Status: in_force

43-15.3-05. Restrictions on transactions

1. A wholesale distributor shall receive prescription drug returns or exchanges from a

pharmacy or chain pharmacy warehouse under the terms and conditions of the

agreement between the wholesale distributor and the pharmacy or between the

wholesale distributor and the chain pharmacy warehouse, including the returns of

expired, damaged, and recalled pharmaceutical product to either the original

manufacturer or a third-party returns processor, and the returns or exchanges are not

subject to the pedigree requirement of section 43-15.3-06 if they are exempt from

pedigree under the federal food and drug administration's currently applicable

guidance for the federal Prescription Drug Marketing Act of 1987 [Pub. L. 100-293;

102 Stat. 95]. Wholesale distributors and pharmacies must ensure that the aspects of

this operation are secure and do not permit the entry of adulterated and counterfeit

product.

2. A manufacturer or wholesale distributor shall furnish prescription drugs only to a

person licensed by the appropriate state licensing authorities. Before furnishing

prescription drugs to a person not known to the manufacturer or wholesale distributor,

the manufacturer or wholesale distributor shall affirmatively verify that the person is

legally authorized to receive the prescription drugs by contacting the appropriate state

licensing authorities.

3. Prescription drugs furnished by a manufacturer or wholesale distributor may be

delivered only to the premises listed on the license. The manufacturer or wholesale

distributor may furnish prescription drugs to an individual or agent of that individual at

the premises of the manufacturer or wholesale distributor if:

a. The identity and authorization of the recipient are properly established; and

b. This method of receipt is employed only to meet the immediate needs of a

particular patient of the authorized individual.

4. Prescription drugs may be furnished to a hospital pharmacy receiving area if a

pharmacist or authorized receiving personnel signs, at the time of delivery, a receipt

showing the type and quantity of the prescription drug so received. Any discrepancy

between receipt and the type and quantity of the prescription drug actually received

must be reported to the delivering manufacturer or wholesale distributor by the next

business day after the delivery to the pharmacy receiving area.

5. A manufacturer or wholesale distributor may not accept payment for or allow the use of

a person's credit to establish an account for the purchase of prescription drugs from

any individual other than the owner of record, the chief executive officer, or the chief

financial officer listed on the license of an individual legally authorized to receive

prescription drugs. Any account established for the purchase of prescription drugs

must bear the name of the licensee.
N.D. Cent. Code § 43-33-11 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-11
43-33-11. Annual renewal of license - Fees - Continuing education - Effect of failure to renew
Status: in_force

43-33-11. Annual renewal of license - Fees - Continuing education - Effect of failure to

renew.

Each licensee shall annually, before the expiration of the person's license, pay to the board

the proper fees, together with a certificate showing attendance for a minimum of ten hours of

continuing education per calendar year at schools or seminars approved by the board as

defined by rule, pertaining to the fitting and sales of hearing instruments, for a renewal of a

license. A thirty-day grace period must be allowed after the expiration of a license when a

license may be renewed on payment of the proper fees together with the certificate of

continuing education to the board. After expiration of the grace period, the board may renew a

license upon the payment of the proper fees together with the certificate of continuing education

to the board. A licensee who applies for renewal, whose license has expired, may not be

required to submit to an examination as a condition to renewal, if the renewal application is

made within two years from the date of the expiration and is accompanied with a certificate of

continuing education during the twelve months immediately preceding the date of application.
N.D. Cent. Code § 43-23-12.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-12.1
43-23-12.1. Real estate brokerage firm - Duties required
Status: in_force

43-23-12.1. Real estate brokerage firm - Duties required

1. A real estate brokerage firm and the real estate brokerage firm's licensees, which

provide services through a written agency agreement for a client, are bound to that

client by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care,

diligence, and accounting, subject to the provisions of this chapter and subject to any

rules adopted under this chapter. The agency relationship, which must be established

through a written agency agreement, may be a seller agency, a buyer agency, a dual

agency, an appointed agency, a subagency, or another form of agency relationship. If

a different relationship, including a nonagency relationship with a customer, between

the real estate brokerage firm and the person for which the real estate brokerage firm

performs the services is intended, the relationship must be disclosed in writing

pursuant to rules adopted by the board.

2. If a buyer, prospective buyer, or seller is not represented by a real estate brokerage

firm in the real property transaction, that buyer or seller remains a customer, and, as to

that customer, the real estate brokerage firm and the real estate brokerage firm's

licensees are nonagents that owe the following legal duties: to perform customary acts

typically performed by real estate licensees in assisting a transaction to the

transaction's closing or conclusion if these acts are to assist the customer for which

the services are directly provided; to perform these acts with honesty and good faith;

and to disclose to the customer any adverse material facts actually known by the

licensee which pertain to the title of the real property, the physical condition of the real

property, and defects in the real property. These limited duties are subordinate to any

duties the real estate brokerage firm and the real estate brokerage firm's licensees

owe to a client in the same transaction.

3. Unless otherwise agreed in writing, a real estate brokerage firm and the real estate

brokerage firm's licensees are not obligated to a client, to a customer, or to any other

person to discover defects in any real property, to verify the ownership of any real

property, or to independently verify the accuracy or completeness of any statement or

representation made by any person other than the real estate brokerage firm and the

real estate brokerage firm's licensees involved in the transaction under question.

4. Unless the licensee is directly involved in a transaction regarding the affected real

property, this section does not result in imputing knowledge, regarding the affected real

property, of one licensee within a real estate brokerage firm to another licensee within

the same real estate brokerage firm or in imposing a duty upon a licensee within a real

estate brokerage firm to disclose facts that are known by that licensee regarding the

affected real property to another licensee within the same real estate brokerage firm.

5. If a real estate brokerage firm and the real estate brokerage firm's licensees represent

two or more buyers or lessees as clients that desire to make an offer for the purchase

or lease of the same real property, the real estate brokerage firm and the real estate

brokerage firm's licensees do not breach any duty by assisting such clients with

multiple offers, even though the interests of such clients are competing, and are not

required to disclose the existence of competing offers, except as otherwise set forth

under this subsection. The real estate brokerage firm and the real estate brokerage

firm's licensees shall continue to honor agency duties to such clients, except as limited

under this subsection. However, if an individual licensee has a written agency

agreement with two or more buyers that desire to make an offer for the purchase or

lease of the same real property, that licensee shall disclose to those competing buyer

clients the fact that a competing written offer has been submitted by another buyer

client of that licensee.

6. If a real estate brokerage firm and the real estate brokerage firm's licensees represent

two or more sellers or lessors as clients that desire to offer competing real property for

sale or lease, the real estate brokerage firm and the real estate brokerage firm's

licensees do not breach any duty to such clients by performing such services, even

though the interests of such clients are competing. In such event, the real estate

brokerage firm and the real estate brokerage firm's licensees shall continue to honor

agency duties to such clients, except as limited under this subsection.
N.D. Cent. Code § 43-31-05 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-05
43-31-05. Renewal of licenses
Status: in_force

43-31-05. Renewal of licenses

The license of an examiner which has not been revoked or is not suspended must be

renewed annually upon payment of the required fee by the examiner.
N.D. Cent. Code § 43-26.1-11 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-11
43-26.1-11. Patient care management
Status: in_force

43-26.1-11. Patient care management

1. A physical therapist shall manage all aspects of each patient's physical therapy. A

physical therapist shall provide:

a. Each patient's initial evaluation and documentation.

b. Periodic re-evaluation and documentation of each patient.

c. The documented discharge of the patient, including the response to therapeutic

intervention at the time of discharge.

2. If the diagnostic process reveals findings outside the scope of a physical therapist's

knowledge, experience, or expertise, a physical therapist shall inform the patient or

client and refer the patient or client to an appropriate practitioner.

3. A physical therapist shall assure the qualifications of a physical therapist assistant and

physical therapy aide under the physical therapist's direction and supervision.

4. For each patient on each date of service, a physical therapist shall provide all of the

therapeutic intervention that requires the expertise of a physical therapist and shall

determine the use of physical therapist assistants that provide for the delivery of care

that is safe, effective, and efficient.

a. A physical therapist assistant shall work under the supervision of a physical

therapist. A physical therapist assistant may document care provided without the

cosignature of the supervising physical therapist.

b. A physical therapist may use physical therapy aides for designated routine tasks.

A physical therapy aide shall work under the direct supervision of a physical

therapist. This supervision may extend to general supervision of the physical

therapy aide only when the physical therapy aide is accompanying and working

directly with a physical therapist assistant with a specific patient or when

performing non-patient-related tasks.

5. A physical therapist's or physical therapist assistant's responsibility for patient care

management includes accurate documentation and billing of the services provided.

6. The physical therapist shall communicate the overall plan of care with, and obtain

informed consent from, the patient or the patient's legally authorized representative.
N.D. Cent. Code § 43-09-16 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-16
43-09-16. When license not required
Status: in_force

43-09-16. When license not required

The following persons are not required to be licensed by and are not subject to regulation

by the board under this chapter:

1. Employees of public utilities engaged in the manufacture and distribution of electrical

energy while engaged in work directly pertaining to the manufacture and distribution of

electrical energy. This exemption terminates at the first point of service attachment,

except for the installing or testing of electric meters and measuring devices and the

maintenance of electric meters and measuring devices.

2. Employees, independent contractors, or subcontractors of a company that is a

telecommunication carrier as defined under section 57-34-01 or that is a satellite or

cable systems provider, while acting in the scope of employment or the terms of the

contract.

3. Employees, independent contractors, or subcontractors of dealers in household

appliances, such as room air-conditioners, clothes dryers, dishwashers, freezers,

garbage disposals, refrigerators, stoves, washing machines, water heaters, and similar

appliances while installing and connecting such appliances to an existing electrical

receptacle.

4. A representative of a manufacturing firm that is installing or modifying controls of wiring

solely on industrial machinery that is for use by the firm itself, and performed by or

under the direction of a registered professional engineer who issues a state-accepted

evaluation, which is to be maintained with the equipment.

5. An individual who is installing a nonelectrical system.

6. An individual who is installing a power limited system that is installed within a

residential dwelling or is installed with a factory connector or cord powered by an

existing electrical receptacle.
N.D. Cent. Code § 43-42-06 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-06
43-42-06. Reciprocity
Status: in_force

43-42-06. Reciprocity

An applicant for licensure under this chapter may be granted a license upon satisfactory

proof to the board that the applicant is licensed to practice respiratory care under the laws of

another state which impose substantially the same requirements as this chapter, and upon

payment of the annual license fee.
N.D. Cent. Code § 43-23.5-04 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-04
43-23.5-04. Registration process
Status: in_force

43-23.5-04. Registration process

An applicant for registration as an appraisal management company shall submit to the

board an application on forms prescribed by the board and pay a fee established by the board.

The forms shall require information necessary to determine eligibility for registration.
N.D. Cent. Code § 43-18.2-03 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-03
43-18.2-03. Licenses
Status: in_force

43-18.2-03. Licenses

No person, firm, corporation, or limited liability company, except plumbers holding valid

licenses under chapter 43-18, may engage in the business of sewer and water contractor or

sewer and water installer unless registered and licensed by the board to do so. This license

allows the licensee to do plumbing necessary for sewer and water installation.
N.D. Cent. Code § 43-12.1-14.2 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-14.2
43-12.1-14.2. Unlicensed assistive person - Practice without a registration
Status: in_force

43-12.1-14.2. Unlicensed assistive person - Practice without a registration

If the board determines an unlicensed assistive person, whose registration has expired,

violated subsection 7 of section 43-12.1-14 by practicing without a current registration for a

period of up to four months from the initial date of employment, the action of the board in the

case of a first violation is limited to the issuance of a letter of concern.
N.D. Cent. Code § 43-17-03 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-03
43-17-03. North Dakota board of medicine - How appointed - Qualifications
Status: in_force

43-17-03. North Dakota board of medicine - How appointed - Qualifications

1. The governor shall appoint a North Dakota board of medicine consisting of fifteen

members; ten physicians, nine of whom are doctors of medicine and one of whom is a

doctor of osteopathy; two physician assistants; one naturopath; and two public

members. If no osteopathic physician is qualified and willing to serve, any qualified

physician may be appointed in place of the osteopathic physician.

2. Each physician member must:

a. Be a practicing physician of integrity and ability.

b. Be a resident of and duly licensed to practice medicine in this state.

c. Be a graduate of a medical or osteopathic school of high educational

requirements and standing.

d. Have been engaged in the active practice of the physician's profession within this

state for a period of at least five years.

3. Each public member of the board must:

a. Be a resident of this state.

b. Be at least twenty-one years of age.

c. Not be affiliated with any group or profession that provides or regulates health

care in any form.

4. Each physician assistant member of the board must:

a. Be a practicing physician assistant of integrity and ability.

b. Be a resident of and be duly licensed to practice as a physician assistant in this

state.

c. Have been engaged in the active practice as a physician assistant within this

state for a period of at least five years.

5. The naturopath member must:

a. Be a practicing naturopath of integrity and ability.

b. Be a resident of and duly licensed to practice as a naturopath in this state.

c. Have been engaged in the active practice as a naturopath within this state for a

period of at least five years.

6. An individual appointed to the board shall qualify by taking the oath required of civil

officers.
N.D. Cent. Code § 43-36-12 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-12
43-36-12. Registration with examination - Professional soil classifier
Status: in_force

43-36-12. Registration with examination - Professional soil classifier

An applicant otherwise qualified must be admitted to registration as a professional soil

classifier if the applicant has successfully passed an examination in the principles and practice

of soil classifying as prescribed by the board and has one of the following additional

qualifications:

1. Is a graduate of a soils curriculum approved by the board as satisfactory and with a

specific record of an additional four years or more of experience of a grade and

character which indicates to the board that the applicant is competent to practice soil

classifying and who holds a valid soil classifier-in-training certificate.

2. Is a person who has satisfactorily completed a soils curriculum not approved by the

board and eight years or more of experience in soil classifying work of a character and

grade which indicates to the board that the applicant is competent to practice soil

classifying.

3. Is a person who holds a valid soil classifier-in-training certificate with a specific record

of four years or more of experience as a soil classifier-in-training of a grade and

character which indicates to the board that the applicant is competent to practice soil

classifying.

4. Is a person with experience of not less than four years of soil classification research or

as a teacher of soils in a college or university offering an approved soils curriculum of

four years or more, and a minimum of two years of soil classifying experience of a

character and grade which indicates to the board that the applicant is competent to

practice soil classifying.
N.D. Cent. Code § 43-30-13 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-13
43-30-13. Notice and hearing on license revocation
Status: in_force

43-30-13. Notice and hearing on license revocation

The board may, upon its own motion, and shall, upon the verified complaint in writing of any

person setting forth facts which, if proven, would constitute a violation of this chapter or rules

adopted by the board, investigate the actions of any person holding or claiming to hold a

license. The board shall, before refusing to issue, suspending, revoking, or taking any other

licensure action, notify in writing the applicant or holder of the license of any charges made and

shall afford the accused person an opportunity to be heard in person or by counsel in reference

thereto. The written notice may be served by personal delivery to the accused person, or by

registered mail to the place of business specified by the accused person in the person's last

notification to the board. At the time and place fixed in the notice, the board shall proceed to

hearing of the charges and both the accused person and the complainant must be accorded

ample opportunity to present in person or by counsel such statements, testimony, evidence, and

argument as may be pertinent to the charges or to any defense thereto. The board may

continue the hearing from time to time.
N.D. Cent. Code § 43-18.1-05.1 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-05.1
43-18.1-05.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-18.1-05.1. Conviction not bar to licensure - Exceptions

Conviction of an offense does not disqualify a person from licensure under this chapter

unless the board determines that the offense has a direct bearing upon a person's ability to

serve the public as a water conditioning contractor, or that, following conviction of any offense,

the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-23.5-05 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-05
43-23.5-05. Consent to service of process
Status: in_force

43-23.5-05. Consent to service of process

An applicant for registration as an appraisal management company that is not domiciled in

this state shall complete an irrevocable consent to service of process, as prescribed by the

secretary of state.
N.D. Cent. Code § 43-06-17.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-17.1
43-06-17.1. Temporary suspension - Appeal
Status: in_force

43-06-17.1. Temporary suspension - Appeal

1. If based on verified evidence the board determines by a clear and convincing standard

that the evidence presented to the board indicates that the continued practice by the

chiropractor would create significant risk of serious and ongoing harm to the public

while a disciplinary proceeding is pending, and that immediate suspension of the

chiropractor's license is required to reasonably protect the public from the risk of harm,

the board may order a temporary suspension ex parte. For purposes of this section,

"verified evidence" means testimony taken under oath and based on personal

knowledge. The board shall give prompt written notice of the suspension of the

chiropractor, which must include a copy of the order and complaint, the date set for a

full hearing, and, upon request, a specific description of the nature of the evidence,

including a list of all known witnesses and a specific description of any documents

relied upon by the board in ordering the temporary suspension must be made

available to the chiropractor.

2. An ex parte suspension remains in effect until a final order is issued after a full hearing

or appeal under this section or until the suspension is otherwise terminated by the

board.

3. The board shall conduct a hearing on the merits of the allegations to determine what

disciplinary action, if any, will be taken against the chiropractor who is the subject of

the ex parte suspension. That hearing must be held not later than thirty days from the

issuance of the ex parte temporary suspension order. The chiropractor is entitled to a

continuance of the thirty-day period upon request for a period determined by the

hearing officer.

4. The chiropractor may appeal the ex parte temporary suspension order before the full

hearing. For purposes of appeal, the district court shall decide whether the board

acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt

disposition.

5. Any medical record of a patient, or other document containing personal information

about a patient, which is obtained by the board is an exempt record as defined in

section 44-04-17.1.
N.D. Cent. Code § 43-29-14 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-14
43-29-14. Refusal, suspension, and revocation of license - Reinstatement and relicense
Status: in_force

43-29-14. Refusal, suspension, and revocation of license - Reinstatement and

relicense.

1. The board may refuse to issue a license or temporary license, or may suspend or

revoke a license or temporary license, upon any of the following grounds:

a. Fraud or deception in procuring the license, including conduct that violates the

security or integrity of any licensing examination.

b. The use of advertising or solicitation that is false, misleading, or otherwise

determined unprofessional under rules adopted by the board.

c. The determination that an individual is an impaired veterinarian as defined by

section 43-29.01.1 or an impaired veterinary technician as defined by section

43-29-01.1.

d. Unprofessional conduct as defined by the rules adopted by the board, or violating

the code of ethics adopted by the board by rule.

e. Incompetence, gross negligence, or other malpractice in the practice of veterinary

medicine or veterinary technology.

f. Employment of unlicensed individuals to perform work that under this chapter can

lawfully be done only by individuals licensed to practice veterinary medicine or

veterinary technology.

g. Fraud or dishonest conduct in applying or reporting diagnostic biological tests,

inspecting foodstuffs, or in issuing regulatory documents.

h. Failure to keep the premises and equipment used in a reasonably clean and

sanitary condition and failure to use reasonably sanitary methods in the practice

of veterinary medicine or veterinary technology.

i. Violation of the rules adopted by the board.

j. Conviction of an offense determined by the board to have a direct bearing upon

the ability of an individual to serve the public as a veterinarian or veterinary

technician, or when the board determines, following conviction of any offense,

that an individual is not sufficiently rehabilitated under section 12.1-33-02.1.

k. Willful or repeated violations of this chapter or any rule adopted by the board.

l. Failure to report, as required by law, or making false report of, any contagious or

infectious disease.

m. Cruelty to animals as defined under chapter 36-21.2.

n. Revocation of a license to practice veterinary medicine or veterinary technology

by another jurisdiction on grounds other than nonpayment of a renewal fee.

o. The use, prescription, or dispensing of any veterinary prescription drug, or the

prescription or extra-label use of any over-the-counter drug, in the absence of a

valid veterinarian-client-patient relationship, except as provided by section

43-29-19.

2. An individual whose license has been revoked may apply to the board for

reinstatement and relicensure one year after the date of revocation. The board may

reissue a license if the board is satisfied the applicant is qualified to practice veterinary

medicine or veterinary technology, meets the existing requirements for licensure, and

will comply with the rules regarding the practice of veterinary medicine or veterinary

technology.
N.D. Cent. Code § 43-51.1-02 — ND Code / Title 43 / Chapter 43-51.1 / Section 43-51.1-02
43-51.1-02. Universal licensure
Status: in_force

43-51.1-02. Universal licensure

1. Unless the board is part of an effective interstate compact, an executed license

transfer, existing interstate mobility, or reciprocity agreement with another state, a

board shall issue a license to an out-of-state licensee applicant to practice in this state

if, upon application to the board, the applicant:

a. Actively has used the license for two of the three years immediately preceding

submitting an application under this section;

b. Provides or demonstrates competency and education in the profession or

occupation through methods determined by the board;

c. Has not committed any act that constitutes grounds for refusal, suspension, or

revocation of a license to practice that profession or occupation in this state

unless the board determines, in its discretion, the act is not an impediment to the

granting of a license to practice in this state;

d. Has not been disciplined in any jurisdiction in which the individual has held a

license within the last ten years;

e. Is not under an active investigation by another licensing or disciplinary authority

or law enforcement authority in a state, federal, or foreign jurisdiction;

f. Submits to a state and federal criminal background check, paid for by the

applicant, and conducted in the manner provided under section 12-60-24 if

required by the board and the board has statutory authority to repeat the

background check; and

g. Pays the fees established by the board.

2. Subdivision f of subsection 1 does not apply to the state board of law examiners,

which may conduct a character and fitness investigation.
N.D. Cent. Code § 43-18.1-07 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-07
43-18.1-07. Revocation of licenses
Status: in_force

43-18.1-07. Revocation of licenses

The board may revoke any license issued under the provisions of this chapter if the licensee

has:

1. Committed an offense determined by the board to have a direct bearing upon a

holder's ability to serve the public as a water conditioning contractor, or the board

determines, following conviction of any offense, that a holder is not sufficiently

rehabilitated under section 12.1-33-02.1;

2. Committed a fraud in obtaining the holder's certificate;

3. Permitted the use of the holder's license in violation of this chapter; or

4. Performed work or business in an incompetent manner.
N.D. Cent. Code § 43-32-08.2 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-08.2
43-32-08.2. Continuing education requirements - Renewal
Status: in_force

43-32-08.2. Continuing education requirements - Renewal

Absent a showing of good cause, the board may not renew a license issued under this

chapter without proof the continuing education requirements under section 43-32-08.1 have

been met. An individual whose license is not renewed because of failure to meet the continuing

education requirements must be reinstated and the license renewed if, within one year from the

date of nonrenewal, the individual demonstrates to the secretary of the board the continuing

education requirements have been satisfied, pays the renewal fee, and pays a late fee to be

determined by rule of the board.
N.D. Cent. Code § 43-19.1-11 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-11
43-19.1-11. Roster
Status: in_force

43-19.1-11. Roster

A complete roster showing the names and last-known addresses of all professional

engineers and land surveyors must be made available by the executive director for the board at

intervals as established by board regulations. Copies of this roster must be made available to

each registrant and all county auditors and city auditors and may be distributed or sold to the

public.
N.D. Cent. Code § 43-53-03 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-03
43-53-03. Exemptions
Status: in_force

43-53-03. Exemptions

1. An individual is exempt from the requirements of this chapter if:

a. The individual is practicing marriage and family therapy as part of that individual's

duties as an employee of a recognized academic institution or a governmental

institution or agency while performing those duties for which the individual is

employed by such a facility, institution, or agency.

b. The individual is a marriage and family therapy intern or individual preparing for

the practice of marriage and family therapy under qualified supervision in a

training institution or facility or supervisory arrangement recognized and approved

by the board if:

(1) The individual is a student in a master's or doctorate program of marriage

and family therapy; and

(2) The individual is designated by a title such as "marriage and family therapy

intern", "marriage therapy intern", "family therapy intern", or other title clearly

indicating such training status.

c. The individual is a member of the clergy of any religious denomination and

providing services within the scope of ministerial duties.

d. The individual is a volunteer for or is employed by a nonprofit agency or

community organization and the individual does not hold out to the public that the

individual is a licensed marriage and family therapist.

2. This chapter does not prevent any person licensed by the state from doing work within

the standards and scope of practice of that person's profession, including the practice

and advertising of marriage and family therapy services.
N.D. Cent. Code § 43-29-04 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-04
43-29-04. Record of proceedings of board - Register of applicants kept by board - Records and register as evidence
Status: in_force

43-29-04. Record of proceedings of board - Register of applicants kept by board -

Records and register as evidence.

The board shall keep a record of all its proceedings and a register of applicants for licenses

showing the name of each applicant, the time spent by each applicant in the study and practice

of veterinary medicine or veterinary technology, and the name and location of the program

which granted the applicant a degree or diploma. Such books and records are prima facie

evidence of the matters recorded therein.
N.D. Cent. Code § 43-03-09 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-09
43-03-09. Prohibited acts - Injunction
Status: in_force

43-03-09. Prohibited acts - Injunction

1. A person may not practice architecture in this state unless registered as an architect

under this chapter or otherwise authorized by the board. A person may not practice

landscape architecture in this state unless registered as a landscape architect under

this chapter or otherwise authorized by the board.

2. A person may not fraudulently obtain or furnish a certificate of registration to practice

architecture or landscape architecture.

3. A person that is not registered under this chapter may not:

a. Advertise, represent, or in any manner hold that person out as an architect or

landscape architect;

b. In connection with the person's business or name, or otherwise, assume, use, or

advertise any term, title, or description or engage in any other conduct that

reasonably might be expected to mislead another to believe the person is an

architect or landscape architect; or

c. Except as a copartnership of architects, engage in the solicitation of architecture

or landscape architecture services as an individual or corporation.

4. Through the attorney general, the board may seek to enjoin a person from committing

an act in violation of this chapter. The board is not required to prove irreparable injury

to enjoin a violation of this chapter.
N.D. Cent. Code § 43-32-15 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-15
43-32-15. Deposit and disbursement of fees
Status: repealed

43-32-15. Deposit and disbursement of fees

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-03-04 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-04
43-03-04. Qualifications of members of board - Removal of members
Status: in_force

43-03-04. Qualifications of members of board - Removal of members

Each professional member of the board must be a resident of this state who is an architect

or landscape architect and who has been a resident of and in active practice in this state for not

less than five years before appointment. The public member of the board must be a resident of

this state for at least five years before appointment, who is not licensed under this chapter, who

is not a spouse of an individual licensed under this chapter, and who is not employed by an

architecture or landscape architecture firm. The governor may remove any member of the board

for inefficiency or neglect of duty.
N.D. Cent. Code § 43-11-25 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-25
43-11-25. Licensure by endorsement
Status: in_force

43-11-25. Licensure by endorsement

1. As used in this section, "issuing jurisdiction" means the duly constituted authority in

another state, territory, foreign country, or province that issued a license to an

individual.

2. The board shall issue a license to a cosmetologist, esthetician, advanced esthetician,

or manicurist applicant:

a. Without an examination if the out-of-state applicant:

(1) Is licensed by another jurisdiction with similar scope of work through

substantially similar or equivalent licensure standards of examination; the

other jurisdiction verifies the out-of-state applicant met minimum education

requirements to be licensed in that jurisdiction; the out-of-state applicant has

maintained good standing in all jurisdictions in which the person holds a

license for at least one year before making application to the North Dakota

state board of cosmetology;

(2) Has not had a license revoked and has not voluntarily surrendered a license

in any other issuing jurisdiction or country while under investigation;

(3) Pays all applicable fees; and

(4) Has not had discipline imposed by any other regulating entity in this state or

another issuing jurisdiction or country. If another jurisdiction has taken

disciplinary action against the applicant, the board shall determine if the

cause for the action was corrected and the matter resolved. If the board

determines the matter has not been resolved by the jurisdiction imposing

discipline, the board shall not issue or deny a license to the person until the

matter is resolved.

b. If the following conditions are met:

(1) The out-of-state applicant is currently licensed by another jurisdiction and

the jurisdiction verifies the applicant met the requirements of that

jurisdiction;

(2) Any out-of-state license held by the applicant, is and has been maintained in

good standing;

(3) The applicant provides satisfactory proof of completing the course

curriculum by:

(a) Completion of the hours required by the board; or

(b) Substantially equal work experience, determined at a rate of one

thousand hours as equivalent to one hundred course curriculum

hours, capped at five hundred hours if gained in the three years

immediately preceding the application;

(4) The applicant's license has not been revoked or voluntarily surrendered in

any other issuing jurisdiction while under investigation;

(5) The applicant has not been disciplined by any other regulating entity in this

state or another issuing jurisdiction, or the board determined the cause for

the action was corrected and the matter resolved; and

(6) The applicant pays all applicable fees.
N.D. Cent. Code § 43-04-36 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-36
43-04-36. Barber - Certificate of registration - When issued
Status: in_force

43-04-36. Barber - Certificate of registration - When issued

The board shall issue to an applicant a certificate of registration as a registered barber

whenever the applicant has complied with the provisions of section 43-04-31.
N.D. Cent. Code § 43-17.1-04 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-04
43-17.1-04. Meetings of investigative panels
Status: in_force

43-17.1-04. Meetings of investigative panels

Meetings of the investigative panels must be held at least once annually in Bismarck, North

Dakota, and at such other place or places within the state and at such times as each

investigative panel may determine. A majority of the members of an investigative panel

constitutes a quorum, and no action of an investigative panel is effective without the

concurrence therein of a majority of the members present at the time of the decision. Special

meetings of an investigative panel may be called at any time by the chairman or vice chairman

of an investigative panel or upon the written request of any three members of an investigative

panel.
N.D. Cent. Code § 43-23.1-08 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-08
43-23.1-08. Inquiry and examination
Status: in_force

43-23.1-08. Inquiry and examination

Upon receipt of an application for registration in proper form, the commission shall forthwith

initiate an examination to determine that:

1. The subdivider can convey or cause to be conveyed the interest in subdivided lands

offered for disposition if the purchaser complies with the terms of the offer, and, when

appropriate, that release clauses, conveyances in trust, escrow and impoundage

provisions, and other safeguards have been provided;

2. There is reasonable assurance that all proposed improvements will be completed as

represented;

3. The advertising material and the general promotional plan are not false or misleading

and comply with the standards prescribed by the commission in its rules and

regulations and afford full and fair disclosures;

4. The subdivider has not, or if a corporation or limited liability company, its officers,

managers, governors, directors, and principals have not been convicted of a crime

involving land dispositions or any aspect of the land sales business in this state, the

United States, or any other state or foreign country within the past ten years and has

not been subject to any injunction or administrative order within the past ten years

restraining a false or misleading promotional plan involving land dispositions;

5. There is no evidence which would reasonably lead the commission to believe that the

subdivider, or if a corporation or limited liability company, its officers, managers,

governors, directors, or principals are contemplating a fraudulent or misleading sales

promotion; and

6. The public offering statement requirements of this chapter have been satisfied.
N.D. Cent. Code § 43-29-12 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-12
43-29-12. Veterinary medicine defined
Status: repealed

43-29-12. Veterinary medicine defined

Repealed by S.L. 1997, ch. 376, § 12.
N.D. Cent. Code § 43-10-11 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-11
43-10-11. Examination required - Application - Qualification
Status: in_force

43-10-11. Examination required - Application - Qualification

Any person who desires a license to practice funeral service shall apply to the board on a

form provided by the board and submit to an examination. The applicant shall submit with the

application proof that the applicant has the following qualifications:

1. Is of good moral character.

2. Has such preliminary preparation and education as the rules of the board require.

3. Has completed a twelve-month internship in accordance with rules adopted by the

board.
N.D. Cent. Code § 43-12.1-04 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-04
43-12.1-04. Persons exempt from provisions of chapter
Status: in_force

43-12.1-04. Persons exempt from provisions of chapter

This chapter does not apply to a person that is not licensed or registered under this chapter

and is:

1. A person that performs nursing interventions in cases of emergency or disaster.

2. A student practicing nursing as a part of an in-state board-approved nursing education

program.

3. A licensed nurse of another state who is in good standing and who is employed in this

state by the United States government or any of its bureaus, divisions, or agencies.

4. A nurse licensed by another state or Canada, whose employment requires the nurse to

accompany and care for a patient in transit for health care.

5. A nurse licensed by another state whose employment by a resident of that state

requires the nurse to accompany and care for the resident in North Dakota.

6. An individual who performs nursing tasks for a family member.

7. A person that renders assistance pursuant to chapter 23-27.

8. A person licensed or registered under another chapter of this title and carrying out the

therapy or practice for which the person is licensed or registered.

9. A person that provides medications, other than by the parenteral route:

a. Within a correctional facility, in compliance with section 12-44.1-29;

b. Within a psychiatric residential treatment facility for children licensed under

chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;

c. Within a treatment or care center for individuals with developmental disabilities

licensed under chapter 25-16;

d. Within a group home, a qualified residential treatment program, or an adult foster

care facility licensed under section 50-11-01;

e. Within the life skills and transition center, to the extent the individual who provides

medications is a direct training technician or a vocational training technician as

approved by the department of health and human services;

f. Within a state-operated behavioral health clinic licensed under chapter 50-06;

g. Within a primary or secondary school under a program established under section

15.1-19-23 if the individual has received education and training in medication

administration and has received written consent of the student's parent or

guardian; or

h. Who is an employee of a qualified service provider agency who meets the criteria

set forth in subsection 2 of section 50-24.1-18.

10. A nurse currently licensed to practice nursing by another jurisdiction:

a. Whose practice in another state requires that nurse to attend orientation,

meetings, or continuing education in North Dakota;

b. Who serves as a guest lecturer or short-term consultant; or

c. Who provides evaluation undertaken on behalf of an accrediting organization.

11. An individual, including a feeding assistant, performing nonhands-on tasks while

employed in a Medicare-funded organization.

12. A student practicing nursing as part of an out-of-state board-recognized nursing

education program, upon written notification to the board and contingent upon clinical

site availability.

13. An individual who is registered on the department of health and human services nurse

aide registry, including a certified nurse aide, home health aide, nurse aide, and

medication assistant.
N.D. Cent. Code § 43-15-31.5 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.5
43-15-31.5. Administration of drugs - Rules
Status: in_force

43-15-31.5. Administration of drugs - Rules

A pharmacist who administers drugs must have authority from the board. The board shall

adopt rules to establish educational and operational requirements for a pharmacist to obtain and

maintain authority to administer drugs. The board may adopt rules to establish educational and

operational requirements to allow a pharmacy technician to administer a drug under the

immediate personal supervision and control of a pharmacist. Rules adopted by the board under

this section must include:

1. Educational requirements, which include, at a minimum:

a. Basic immunology, including the human immune response;

b. The mechanism of immunity, adverse effects, dose, and administration schedule

of available vaccines and approved medication and immunization;

c. Current immunization guidelines and recommendations of the centers for disease

control and prevention;

d. Management of adverse events, including identification, appropriate response,

documentation, and reporting;

e. Physiology and techniques of administration of drugs; and

f. Recordkeeping requirements established by law, rule, and regulation or

established standards of care.

2. A requirement an authorized pharmacist shall obtain and maintain current certification

in cardiopulmonary resuscitation or basic cardiac life support.

3. Requirements for content of practitioner orders and protocols.

4. Requirements relating to the reporting of the administration to a patient's primary

health care provider and to the department of health and human services.

5. Requirements relating to environments in which drugs may be administered.
N.D. Cent. Code § 43-06-17 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-17
43-06-17. Right of chiropractor to practice in public and private hospitals and institutions
Status: in_force

43-06-17. Right of chiropractor to practice in public and private hospitals and

institutions.

A licensed chiropractor may practice under the same standards as other health practitioners

in any public or private hospital or other institution in this state, when requested so to do by any

patient or the guardian of any patient.
N.D. Cent. Code § 43-10-11.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-11.1
43-10-11.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-10-11.1. Conviction not bar to licensure - Exceptions

Conviction of an offense does not disqualify a person from licensure under this chapter

unless the board determines that the offense has a direct bearing upon a person's ability to

serve the public as a funeral service practitioner or determines under section 12.1-33-02.1 that

the person, following conviction of any offense, is not sufficiently rehabilitated.
N.D. Cent. Code § 43-36-06 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-06
43-36-06. Board - Organization and meetings
Status: in_force

43-36-06. Board - Organization and meetings

The board shall hold at least two regular meetings each year. Special meetings may be held

as the bylaws of the board provide. The board shall elect or appoint annually the following

officers: a chairman, a vice chairman, and a secretary. A quorum of the board consists of three

members.
N.D. Cent. Code § 43-17-02.4 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-02.4
43-17-02.4. Licensure exemption for certain physicians
Status: in_force

43-17-02.4. Licensure exemption for certain physicians

1. A physician licensed in good standing to practice in another state is exempt from the

licensure requirements of this chapter if the physician:

a. Has a written or oral agreement with a sports team to provide care to team

members and coaching staff traveling with the team for a specific sporting event

in this state; or

b. Has been invited by a national sport governing body to provide services to team

members and coaching staff at a national sport training center in this state or to

provide services at an event or competition in this state which is sanctioned by

the national sport governing body if:

(1) The physician's practice in this state is limited to the practice required by the

national sport governing body; and

(2) The services provided by the physician are within the physician's scope of

practice.

2. A physician exempt under this section may not:

a. Provide care or consultation to an individual residing in this state, other than an

individual specified in subsection 1; or

b. Practice at a licensed health care facility in this state.

3. An exemption under subdivision a of subsection 1 is valid while the physician is

traveling with the sports team. This exemption may not exceed ten days for each

sporting event. A physician may apply to the board to receive an exemption of twenty

additional days per sporting event.

4. The board may enter an agreement with a medical and osteopathic licensing board of

another state to implement this section. An agreement may include a procedure for

reporting a potential medical license violation.

5. The board may adopt rules to implement this section.
N.D. Cent. Code § 43-41-04.2 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-04.2
43-41-04.2. Criminal history record and child abuse and neglect checks
Status: in_force

43-41-04.2. Criminal history record and child abuse and neglect checks

1. The board shall require each applicant for licensure and may require any licensee to

submit to a statewide and nationwide criminal history record check. The nationwide

criminal history record check must be conducted in the manner provided in section
N.D. Cent. Code § 43-13-26 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-26
43-13-26. Revocation of license - Appeal
Status: repealed

43-13-26. Revocation of license - Appeal

Repealed by S.L. 2019, ch. 349, § 6.
N.D. Cent. Code § 43-36-04 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-04
43-36-04. Board - Compensation and expenses
Status: in_force

43-36-04. Board - Compensation and expenses

Each member of the board is entitled to receive compensation at the rate of sixty-two

dollars and fifty cents per day and reimbursement for expenses as provided by law for state

officers, if attending board meetings or performing duties directed by the board.
N.D. Cent. Code § 43-12.1-19 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-19
43-12.1-19. Transition from transitional nurse licenses
Status: in_force

43-12.1-19. Transition from transitional nurse licenses

Expired under S.L. 2003, ch. 361, § 10.
N.D. Cent. Code § 43-23.3-22 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-22
43-23.3-22. Disciplinary proceedings
Status: in_force

43-23.3-22. Disciplinary proceedings

1. The board may deny an application for, refuse to renew, suspend, or revoke a permit,

impose a monetary fine, or issue a letter of reprimand, when the applicant or permittee

has:

a. Procured or attempted to procure a permit by knowingly making a false

statement, submitting false information, refusing to provide complete information

in response to a question in an application for certification, or through fraud or

misrepresentation.

b. Failed to meet the minimum qualifications established under this chapter.

c. Paid money other than provided for by this chapter to any member or employee

of the board to procure a permit.

d. Been convicted, including a conviction based upon a plea of guilty or

nolo contendere, of a felony or of a crime that is substantially related to the

qualifications, functions, and duties of a person developing and communicating

appraisals to others.

e. Performed an act involving dishonesty, fraud, or misrepresentation with the intent

to benefit substantially that person or another person, or with the intent to injure

substantially another person.

f. Violated any standard for the development or communication of appraisals as

provided in this chapter.

g. Failed or refused without good cause to exercise reasonable diligence in

developing an appraisal, preparing an appraisal report, or communicating an

appraisal.

h. Acted with gross negligence or incompetence in developing an appraisal, in

preparing an appraisal report, or in communicating an appraisal.

i. Willfully violated this chapter or rules of the board.

j. Accepted an appraisal assignment when the employment is contingent upon the

reporting of a predetermined estimate, analysis, or opinion, or if the fee is

contingent upon the opinion, conclusion, or valuation reached, or upon the

consequences resulting from the appraisal assignment.

k. Violated the confidential nature of governmental records to which the person

gained access through employment or engagement as an appraiser by a

governmental agency.

l. Had entry of a civil judgment against the person on grounds of fraud,

misrepresentation, or deceit in the making of an appraisal.

2. In a disciplinary proceeding based upon a civil judgment, the permittee must be

afforded an opportunity to present matters in mitigation and extenuation, but may not

collaterally attack the civil judgment.

3. A signed or unsigned allegation from the public is not a complaint until the board

determines there is reasonable cause to initiate a disciplinary proceeding against one

or more applicants or permittees.
N.D. Cent. Code § 43-23.3-01 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-01
43-23.3-01. Definitions
Status: in_force

43-23.3-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Agency" means the:

a. Board of governors of the federal reserve system;

b. Consumer financial protection bureau;

c. Farm credit administration;

d. Federal deposit insurance corporation;

e. National credit union administration;

f. Office of the comptroller of the currency; and

g. State financial regulator.

2. "Analysis" means a study of real estate other than estimating value.

3. "Appraisal" means an analysis, opinion, or conclusion relating to the nature, quality,

value, or utility of specified interests in, or aspects of, real estate. An appraisal may be

classified by subject matter into either a valuation or an analysis. The term does not

include an evaluation.

4. "Appraisal assignment" means an engagement for which a person is employed or

retained to act, or would be perceived by the public as acting, as a disinterested party

in rendering an unbiased supportable appraisal.

5. "Appraisal foundation" means the appraisal foundation incorporated as an Illinois

corporation on November 30, 1987.

6. "Appraisal report" means any communication of an appraisal.

7. "Appraisal subcommittee" means the appraisal subcommittee of the federal financial

institutions examination council.

8. "Appraiser" means a person who engages in appraisal activity for valuable

consideration.

9. "Apprentice appraiser" means a person who holds a valid permit as an apprentice

appraiser.

10. "Board" means the North Dakota real estate appraiser qualifications and ethics board.

11. "Certified appraiser" means a person who holds a valid permit as a certified residential

or general appraiser.

12. "Certified general appraiser" means a person who holds a valid permit as a certified

general appraiser.

13. "Certified residential appraiser" means a person who holds a valid permit as a certified

residential appraiser.

14. "Evaluation" means an estimate of the value of real property and real estate made in

accordance with title XI of the Financial Institutions Reform, Recovery, and

Enforcement Act of 1989 [Pub. L. 101-73, 103 Stat. 183] and provided to an entity

regulated by an agency for use in a real estate-related financial transaction for which

an appraisal is not required by federal law.

15. "Licensed appraiser" means a person who holds a valid permit as a licensed

appraiser.

16. "Permit" means the document issued by the board, verifying that the person named on

the permit has fulfilled all prerequisites to practice either as an apprentice appraiser, a

licensed appraiser, or a certified appraiser.

17. "Real estate" means an identified parcel or tract of land including improvements, if any.

18. "Real property" means one or more defined interests, benefits, and rights inherent in

the ownership of real estate.

19. "Uniform standards of professional appraisal practice" means standards of appraisal

promulgated by the appraisal standards board of the appraisal foundation as adopted

by the board.

20. "Valuation" means an estimate of the value of real estate or real property.
N.D. Cent. Code § 43-13-17 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-17
43-13-17. Application for licensure - Contents - Educational requirements - Fee
Status: in_force

43-13-17. Application for licensure - Contents - Educational requirements - Fee

1. Any person desiring to take the examination for or to secure a license to practice

optometry in this state shall file with the executive director of the board an application

in the form prescribed by the board. The applicant also shall furnish satisfactory proof

that the applicant:

a. Is at least eighteen years of age;

b. Is a person of good moral character; and

c. Is a graduate of an optometry school or college accredited by the council on

optometric education.

2. The applicant shall pay to the executive director of the board an application fee of a

reasonable sum fixed by the board by rule.
N.D. Cent. Code § 43-33-18 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-18
43-33-18. Violations - Penalty - Injunction
Status: in_force

43-33-18. Violations - Penalty - Injunction

Any person who fits or dispenses hearing instruments without a license or trainee permit as

provided in this chapter or who violates section 43-33-13 is guilty of a class B misdemeanor. In

addition to the criminal penalties provided, the civil remedy of injunction is available to restrain

and enjoin violations of any provisions of this chapter without proof of actual damages sustained

by any person.
N.D. Cent. Code § 43-34-01 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-01
43-34-01. Definitions
Status: in_force

43-34-01. Definitions

For the purposes of this chapter and as used herein:

1. "Board" means the North Dakota state board of examiners for nursing home

administrators hereinafter created.

2. "Nursing home" means any institution or facility defined as such for licensing purposes

under North Dakota state law or pursuant to the rules and regulations for nursing

homes by the department of health and human services, whether proprietary or

nonprofit, including nursing homes owned or administered by the state government or

an agency or political subdivision thereof.

3. "Nursing home administrator" means a person who administers, manages, supervises,

or is in general administrative charge of a North Dakota nursing home whether such

individual has an ownership interest in such home and whether the individual's

functions and duties are shared with one or more individuals.
N.D. Cent. Code § 43-28.1-01 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-01
43-28.1-01. Loan repayment program - Dentists - Defined need - Maximum amount of funds
Status: in_force

43-28.1-01. Loan repayment program - Dentists - Defined need - Maximum amount of

funds.

Annually, the department of health and human services shall select, from a pool of

applicants, dentists who will provide dental services in cities or surrounding areas, or both, in

this state which the department of health and human services identifies as having a defined

need for dental services. The dentists selected from this pool of applicants shall agree to accept

medical assistance patients and assignments or provide dental services in a public health clinic,

a practice with a focus on an underserved population, or a nonprofit dental clinic. A selected

dentist who agrees to the terms of this program is eligible to receive funds for the repayment of

the dentist's education loans. The funds, which are payable over a five-year period, may not

exceed one hundred thousand dollars per applicant. If the department of health and human

services accepts any gifts, grants, or donations under this chapter, the department of health and

human services may select additional dentists for participation in the loan repayment program

under this chapter.
N.D. Cent. Code § 43-09-34 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-34
43-09-34. Elevator inspector and contractor registration
Status: in_force

43-09-34. Elevator inspector and contractor registration

1. An individual may not inspect any conveyance unless the individual is registered with

the board. An individual may apply for registration by completing an application form

provided by the board, submitting the application fee, and submitting documentation

demonstrating the applicant meets the requirements established by the board by rule.

2. A person may not perform, contract to perform, or advertise to perform alteration or

maintenance of conveyances unless that person is registered as an elevator

contractor with the board. A registered elevator contractor shall employ at least one

elevator mechanic.

3. The board shall create and maintain a list of all registered elevator contractors

operating in North Dakota.
N.D. Cent. Code § 43-09-24 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-24
43-09-24. Special emergency
Status: repealed

43-09-24. Special emergency

Repealed by omission from this code.
N.D. Cent. Code § 43-17.5-06 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-06
43-17.5-06. Adverse actions
Status: in_force

43-17.5-06. Adverse actions

1. A participating state in which a licensee is licensed has exclusive power to impose

adverse action against the qualifying license issued by that participating state.

2. In addition to the other powers conferred by state law, a remote state, in accordance

with existing state due process law, may:

a. Take adverse action against a physician assistant's compact privilege within that

state to remove a licensee's compact privilege or take other action necessary

under applicable law to protect the health and safety of its citizens.

b. Issue subpoenas for both hearings and investigations that require the attendance

and testimony of witnesses as well as the production of evidence. Subpoenas

issued by a licensing board in a participating state for the attendance and

testimony of witnesses or the production of evidence from another participating

state must be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to subpoenas

issued in proceedings pending before it. The issuing authority shall pay any

witness fees, travel expenses, mileage and other fees required by the service

statutes of the state in which the witnesses or evidence are located.

3. Notwithstanding subsection 2, subpoenas may not be issued by a participating state to

gather evidence of conduct in another state that is lawful in that other state for the

purpose of taking adverse action against a licensee's compact privilege or application

for a compact privilege in that participating state.

4. This compact does not authorize a participating state to impose discipline against a

physician assistant's compact privilege or to deny an application for a compact

privilege in that participating state for the individual's otherwise lawful practice in

another state.

5. For purposes of taking adverse action, the participating state which issued the

qualifying license shall give the same priority and effect to reported conduct received

from any other participating state as it would if the conduct had occurred within the

participating state which issued the qualifying license. In so doing, that participating

state shall apply its own state laws to determine appropriate action.

6. A participating state, if otherwise permitted by state law, may recover from the affected

physician assistant the costs of investigations and disposition of cases resulting from

any adverse action taken against that physician assistant.

7. A participating state may take adverse action based on the factual findings of a remote

state, provided the participating state follows its own procedures for taking the adverse

action.

8. Joint investigations.

a. In addition to the authority granted to a participating state by its respective state

physician assistant laws and regulations or other applicable state law, any

participating state may participate with other participating states in joint

investigations of licensees.

b. Participating states shall share any investigative, litigation, or compliance

materials in furtherance of any joint or individual investigation initiated under this

compact.

9. If an adverse action is taken against a physician assistant's qualifying license, the

physician assistant's compact privilege in all remote states must be deactivated until

two years have elapsed after all restrictions have been removed from the state license.

All disciplinary orders by the participating state which issued the qualifying license that

impose adverse action against a physician assistant's license must include a

statement that the physician assistant's compact privilege is deactivated in all

participating states during the pendency of the order.

10. If any participating state takes adverse action, it promptly shall notify the administrator

of the data system.
N.D. Cent. Code § 43-36-21 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-21
43-36-21. Disciplinary action - Revocations, suspensions, or reprimands
Status: in_force

43-36-21. Disciplinary action - Revocations, suspensions, or reprimands

The board has the power to suspend, refuse to renew or revoke the certificate of

registration of, or reprimand any registrant who is guilty of any of the following:

1. The practice of fraud or deceit in obtaining a certificate of registration.

2. Any gross negligence, incompetence, or misconduct in the practice of soil classifying.

3. Any offense determined by the board to have a direct bearing upon a registrant's

ability to serve the public as a professional soil classifier, or the board determines,

following conviction of any offense, that a registrant is not sufficiently rehabilitated

under section 12.1-33-02.1.

4. Violation of the code of ethics adopted and promulgated by the board.
N.D. Cent. Code § 43-26.1-10 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-10
43-26.1-10. Fees
Status: in_force

43-26.1-10. Fees

The board shall establish and collect fees not to exceed:

1. Two hundred dollars for an application for an original license. This fee is

nonrefundable.

2. One hundred dollars for an annual renewal of the license.

3. Two hundred dollars for an application for reinstatement of a license.

4. Fifty dollars for late renewal of a license.

5. Forty dollars for the compact privilege.
N.D. Cent. Code § 43-05-13 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-13
43-05-13. Re-examination when applicant fails in first examination
Status: in_force

43-05-13. Re-examination when applicant fails in first examination

Any applicant who fails the examination and is refused a license, within one year after such

refusal, may be re-examined upon paying an additional fee of three hundred dollars. Only one

re-examination exhausts the applicant's privilege under the original application.
N.D. Cent. Code § 43-40.1-03 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-03
43-40.1-03. State participation in the compact
Status: in_force

43-40.1-03. State participation in the compact

1. To participate in the compact, a member state shall:

a. License occupational therapists and occupational therapy assistants;

b. Participate fully in the commission's data system, including using the

commission's unique identifier as defined in rules of the commission;

c. Have a mechanism in place for receiving and investigating complaints about

licensees;

d. Notify the commission, in compliance with the terms of the compact and rules, of

any adverse action or the availability of investigative information regarding a

licensee;

e. Implement or use procedures for considering the criminal history records of

applicants for an initial compact privilege. The procedures shall include the

submission of fingerprints or other biometric-based information by applicants for

the purpose of obtaining an applicant's criminal history record information from

the federal bureau of investigation and the agency responsible for retaining that

state's criminal records.

(1) A member state shall, within a time frame established by the commission,

require a criminal background check for a licensee applying for a compact

privilege whose primary state of residence is that member state, by

receiving the results of the federal bureau of investigation criminal record

search, and shall use the results in making licensure decisions.

(2) Communication between a member state, the commission, and among

member states regarding the verification of eligibility for licensure through

the compact may not include any information received from the federal

bureau of investigation relating to a federal criminal records check

performed by a member state under Public Law 92-544;

f. Comply with the rules of the commission;

g. Use only a recognized national examination as a requirement for licensure

pursuant to the rules of the commission; and

h. Have continuing education requirements as a condition for license renewal.

2. A member state shall grant the compact privilege to a licensee holding a valid

unencumbered license in another member state in accordance with the terms of the

compact and rules.

3. Member states may charge a fee for granting a compact privilege.

4. A member state shall provide for the state's delegate to attend all occupational therapy

compact commission meetings.

5. An individual not residing in a member state shall continue to be able to apply for a

member state's single-state license as provided under the laws of each member state.

The single-state license granted to the individual may not be recognized as granting

the compact privilege in any other member state.

6. This compact does not affect the requirements established by a member state for the

issuance of a single-state license.
N.D. Cent. Code § 43-20-01.3 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-01.3
43-20-01.3. Licensure by credential review
Status: in_force

43-20-01.3. Licensure by credential review

Applications for licensure to practice dental hygiene by credential review must be made on

forms provided by the board. The board may issue a license and certificate of registration to

practice dental hygiene to an applicant who meets all of the following requirements:

1. The applicant, for at least three years immediately preceding application, has been

licensed in good standing and has been actively practicing dental hygiene in another

jurisdiction where the requirements are at least substantially equivalent to those of this

state.

2. Grounds for denial of the application under section 43-20-05 do not exist.

3. The applicant has paid to the board the fee established by the board by rule.

4. The applicant has delivered to the board a certificate from the examining or licensing

board of every jurisdiction in which the individual is licensed to practice, certifying that

the individual is a licensed and registered dental hygienist in good standing in that

jurisdiction.

5. The applicant has passed a written examination on the laws and rules governing the

practice of dentistry in this state administered by the board at a meeting.

6. The applicant has met any requirement for licensure established by the board by rule.
N.D. Cent. Code § 43-17-15 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-15
43-17-15. Fees deposited with state treasurer - Separate fund - Vouchers
Status: repealed

43-17-15. Fees deposited with state treasurer - Separate fund - Vouchers

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-29-02 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-02
43-29-02. State board of veterinary medical examiners - Appointments - Qualifications - Terms - Vacancies
Status: in_force

43-29-02. State board of veterinary medical examiners - Appointments - Qualifications

- Terms - Vacancies.

1. The state board of veterinary medical examiners consists of five gubernatorially

appointed members. In appointing the board members, the governor shall appoint

three veterinarians, one veterinary technician, and one individual representing the

public. In appointing the veterinarian members of the board, the governor shall make

an effort to appoint:

a. One veterinarian whose practice has a predominant focus on large animals;

b. One veterinarian whose practice has a predominant focus on small animals; and

c. One veterinarian whose practice focuses on both large and small animals.

2. a. Each veterinarian on the board must be licensed in this state and must have

practiced in this state for at least five years immediately preceding the

appointment.

b. The veterinary technician on the board must be licensed in this state and must

have practiced in this state for at least five years immediately preceding the

appointment.

c. The individual representing the public:

(1) Must be a resident of this state;

(2) Must have resided in this state for at least five years immediately preceding

the appointment;

(3) May not be a veterinarian, a veterinary technician, or the spouse of a

veterinarian or a veterinary technician;

(4) May not ever have been a veterinarian, a veterinary technician, or the

spouse of a veterinarian or a veterinary technician; and

(5) May not have any direct financial interest in the provision of veterinary

services and may not be engaged in any activity directly related to the

veterinary profession.

3. a. The term of office for each member is three years. Terms must be staggered by

lot so that no more than two terms expire each year. Each term of office begins

on July first.

b. Each member of the board shall hold office until a successor is appointed and

qualified.

4. If at any time during a member's term, the member ceases to possess any of the

qualifications provided in this section or if the member resigns, the member's office is

deemed vacant and the governor shall appoint another qualified individual for the

remainder of the term.

5. The governor may, after due notice and hearing, remove any member of the board of

veterinary examiners for cause.
N.D. Cent. Code § 43-01-04 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-04
43-01-04. Compensation
Status: in_force

43-01-04. Compensation

A member of the board is entitled to receive compensation in an amount fixed by the board

for each day or portion of a day the member is actually engaged in the performance of official

duties and such mileage reimbursement as is provided for in section 54-06-09. In addition

thereto, the member is entitled to reimbursement for actual and necessary expenses in the

amounts provided by law for state officers in section 44-08-04. All funds collected or received by

the board must be deposited and disbursed in accordance with section 54-44-12.
N.D. Cent. Code § 43-53-05 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-05
43-53-05. Board powers and duties
Status: in_force

43-53-05. Board powers and duties

1. The board shall administer and enforce this chapter. The board shall adopt rules as the

board determines necessary.

2. The board shall examine and pass on the qualifications of all applicants and shall

issue a license to each successful applicant. The board shall adopt a seal which must

be affixed to all licenses issued by the board.

3. The board may authorize expenditures determined necessary to carry out this chapter.

4. Three of the members of the board constitute a quorum. The board may employ

attorneys, accountants, experts, and other employees as necessary for the proper

performance of the board's duties.

5. The board shall adopt a nationally recognized code of ethics for the practice of

marriage and family therapy.

6. The board shall establish continuing education requirements for license renewal.

7. The board shall publish an annual list of the names and addresses of all individuals

licensed under this chapter.
N.D. Cent. Code § 43-23.5-03 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-03
43-23.5-03. Registration required
Status: in_force

43-23.5-03. Registration required

It is unlawful for a person to directly or indirectly engage or to attempt to engage in business

as an appraisal management company, to directly or indirectly perform or to attempt to perform

appraisal management services, or to advertise or hold itself out as engaging in or conducting

business as an appraisal management company without first obtaining a registration issued by

the board.
N.D. Cent. Code § 43-25-06 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-06
43-25-06. Removal of members of board of massage therapy - Officers of the board
Status: in_force

43-25-06. Removal of members of board of massage therapy - Officers of the board

The governor may remove from office a member of the board for failure to maintain the

qualifications for appointment, for neglect of duties as required by this chapter, for malfeasance

in office and incompetency, or for unprofessional conduct. The governor may fill any vacancy

caused by removal of any member of the board, on the member's resignation or death.
N.D. Cent. Code § 43-18.2-06 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-06
43-18.2-06. Experience for testing
Status: in_force

43-18.2-06. Experience for testing

An applicant for a sewer and water installer's license shall show evidence of two years'

experience as a building sewer and water installer apprentice in this state. Applicants for a

sewer and water installation contractor's license must have one year's experience as an installer

in this state. All applicants shall show that their work complies with the state plumbing code.

Proof of experience must be shown by affidavits which the board may investigate. The board

shall provide applicants with application forms. If the application is rejected, the matter must be

treated as an adjudicative proceeding.
N.D. Cent. Code § 43-18-11.3 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-11.3
43-18-11.3. Advertising prohibited - Exceptions - Penalty
Status: in_force

43-18-11.3. Advertising prohibited - Exceptions - Penalty

1. Except as provided in this section, if a plumbing license is required under section

43-18-11 or by local ordinance, no person offering plumbing contracting services may

advertise as a plumbing contractor, master plumber, or journeyman plumber unless the

person employs a licensed journeyman plumber, or the person is a licensed master

plumber. Any advertisement must contain the appropriate license number. This section

does not apply to advertising purchased or contracted for prior to July 1, 1989.

2. a. A person violating this section is guilty of a class B misdemeanor for a first

conviction, but no fine in excess of one hundred dollars and no term of

imprisonment may be imposed.

b. A person violating this section is guilty of a class A misdemeanor for a second or

subsequent conviction, but the penalties are as follows:

(1) For a second conviction, no fine in excess of one thousand dollars and no

term of imprisonment may be imposed.

(2) For a third or subsequent conviction, a fine not to exceed one thousand

dollars or imprisonment not to exceed thirty days, or both, may be imposed.