N.D. Cent. Code § 43-15.3-01 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-01
43-15.3-01. Definitions
Status: in_force

43-15.3-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Authentication" means to affirmatively verify before any wholesale distribution of a

prescription drug occurs that each transaction listed on the pedigree has occurred.

2. "Authorized distributor of record" means a wholesale distributor or a third-party

logistics provider with whom a manufacturer has established an ongoing relationship

to distribute the manufacturer's prescription drug. An ongoing relationship is deemed to

exist between the third-party logistics provider and the manufacturer or between the

wholesale distributor and a manufacturer when the third-party logistics provider or the

wholesale distributor, including any affiliated group of the wholesale distributor as

defined in section 1504 of the Internal Revenue Code [26 U.S.C. 1504], complies with

the following:

a. The wholesale distributor or a third-party logistics provider has a written

agreement currently in effect with the manufacturer evidencing the ongoing

relationship; and

b. The wholesale distributor or a third-party logistics provider is listed on the

manufacturer's current list of authorized distributors of record, which is updated

by the manufacturer on no less than a monthly basis.

3. "Board" means the state board of pharmacy.

4. "Broker" means a party that mediates between a buyer and a seller the sale or

shipment of prescription drugs, medical gases, or medical equipment.

5. "Chain pharmacy warehouse" means a physical location for prescription drugs,

medical gases, or medical equipment which acts as a central warehouse and performs

intracompany sales or transfers of the drugs, gases, or equipment to a group of chain

pharmacies that have the same common ownership and control.

6. "Colicensed product" means a prescription drug, medical gas, or medical equipment in

which two or more parties have the right to engage in the manufacturing or marketing

or in the manufacturing and marketing of the drug, gas, or equipment.

7. "Device" means an instrument, apparatus, implement, machine, contrivance, implant,

in vitro reagent, or other similar or related article, including any component, part, or

accessory which:

a. Is recognized in the United States pharmacopeia or the official national formulary

is intended for use in the diagnosis of disease or other conditions or in the cure,

mitigation, treatment, or prevention of disease, in humans or other animals, or is

intended to affect the structure or any function of the body of humans or other

animals;

b. Does not achieve its primary intended purposes through chemical action within or

on the body of a human or other animal; and

c. Is not dependent upon being metabolized for the achievement of its primary

intended purposes.

8. "Drop shipment" means the sale of a prescription drug, medical gas, or medical

equipment to a wholesale distributor by the manufacturer of the prescription drug,

medical gas, or medical equipment or to that manufacturer's colicensed product

partner, that manufacturer's third-party logistics provider, or that manufacturer's

exclusive distributor, under the terms of which the wholesale distributor or chain

pharmacy warehouse takes title but not physical possession of the prescription drug,

medical gas, or medical equipment and the wholesale distributor invoices the

pharmacy or chain pharmacy warehouse, or other person authorized by law to

dispense or administer the drug, gas, or equipment to a patient, and the pharmacy or

chain pharmacy warehouse or other authorized person receives delivery of the

prescription drug, medical gas, or medical equipment directly from the manufacturer,

or that manufacturer's third-party logistics provider, or that manufacturer's exclusive

distributor.

9. "Durable medical equipment" means medical devices, equipment, or supplies that may

be used in a residence, including oxygen and oxygen delivery systems and supplies,

ventilators, respiratory disease management devices, continuous positive airway

pressure (CPAP) devices, electronic and computerized wheelchairs and seating

systems, apnea monitors, transcutaneous medical nerve stimulator (TENS) units, low

air cutaneous pressure management devices, sequential compression devices,

feeding pumps, home phototherapy devices, infusion delivery devices, distribution of

medical gases to end users for human consumption, hospital beds, nebulizers, and

other similar equipment as may be determined by the board by rule.

10. "Facility" means a facility of a wholesale distributor where prescription drugs, medical

gases, or medical equipment are stored, handled, repackaged, or offered for sale.

11. "Manufacturer" means a person licensed or approved by the federal food and drug

administration to engage in the manufacture of drugs, medical gases, or devices by

manufacturing the drugs, gases, or devices at the person's own facility or by

contracting for the manufacturing by others.

12. "Manufacturer's exclusive distributor" means any person that contracts with a

manufacturer to provide or coordinate warehousing, distribution, or other services on

behalf of a manufacturer and which takes title to that manufacturer's prescription drug,

medical gases, or medical equipment but which does not have general responsibility to

direct the sale or disposition of the manufacturer's prescription drug, medical gas, or

medical equipment. The manufacturer's exclusive distributor must be licensed as a

wholesale distributor under this chapter, and to be considered part of the normal

distribution channel also must be an authorized distributor of record.

13. "Medical device" means a product or equipment used to diagnose a disease or other

condition in order to cure, treat, or prevent disease.

14. "Medical equipment" means equipment prescribed or distributed by a practitioner used

in the course of treatment of home care.

15. "Medical gas” means any gaseous substance that meets medical purity standards and

has application in a medical environment.

16. "Normal distribution channel" means a chain of custody for a prescription drug which

goes, directly or by drop shipment, from a manufacturer of the prescription drug, from

that manufacturer to that manufacturer's colicensed partner, from that manufacturer to

that manufacturer's third-party logistics provider, or from that manufacturer to that

manufacturer's exclusive distributor to:

a. A pharmacy, to a patient or other designated person authorized by law to

dispense or administer the drug to a patient;

b. A wholesale distributor, to a pharmacy, to a patient or other designated person

authorized by law to dispense or administer the drug to a patient;

c. A wholesale distributor, to a chain pharmacy warehouse, to that chain pharmacy

warehouse's intracompany pharmacy, to a patient or other designated person

authorized by law to dispense or administer the drug to a patient; or

d. A chain pharmacy warehouse, to the chain pharmacy warehouse's intracompany

pharmacy, to a patient or other designated person authorized by law to dispense

or administer the drug to a patient.

17. "Outsourcing facility" means a facility at one geographic location or address which is

engaged in anticipatory compounding of sterile drugs and complies with section 503(b)

of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 353(b)].

18. "Pedigree" means a document or an electronic file containing information that records

each distribution of any given prescription drug.

19. "Pharmacy distributor” means any pharmacy or hospital pharmacy licensed in this

state which is engaged in the delivery or distribution of prescription drugs, medical

gases, or medical equipment to any other pharmacy licensed in this state or to any

other person, including a wholesale drug distributor, engaged in the delivery or

distribution of prescription drugs, medical gases, or medical equipment and involved in

the actual, constructive, or attempted transfer of a drug, gas, or equipment in this state

to other than the ultimate consumer, when the financial value of the drugs, gases, or

equipment is equivalent to at least five percent of the total gross sales of the pharmacy

distributor.

20. "Prescription drug" means any drug, including any biological product, except for blood

and blood components intended for transfusion or biological products that are also

medical devices, required by federal law, including federal regulation, to be dispensed

only by a prescription, including finished dosage forms and bulk drug substances

subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.

353(b)].

21. "Repackage" means repackaging or otherwise changing the container, wrapper, or

labeling to further the distribution of a prescription drug. The term does not include

actions completed by the pharmacists responsible for dispensing product to the

patient.

22. "Repackager" means a person that repackages.

23. "Third-party logistics provider" means a person that contracts with a wholesale

distributor or a prescription drug, medical gas, or medical equipment manufacturer to

provide or coordinate warehousing, wholesale distribution, or other services on behalf

of a manufacturer, but does not take title to the prescription drug, medical gas, or

medical equipment or have general responsibility to direct the prescription drug's,

medical gas's, or medical equipment's sale or disposition. The third-party logistics

provider must be licensed independently under this chapter and to be considered part

of the normal distribution channel must also be an authorized distributor of record.

24. "Trace" means the capability to identify the historical locations, the records of

ownership, and the packaging hierarchy for a particular traceable item. "Trace"

answers questions such as where has the item been, who previously owned the item,

and in what packaging hierarchy did the product exist at various locations.

25. "Track" means the capability to identify the current, and at the time of shipment the

intended future, location, ownership, and packaging hierarchy of a traceable item

through the supply chain as the traceable item moves between parties. "Track"

addresses both forward and reverse logistics operations. "Track" answers questions

such as where is the item currently, who is the next intended recipient, and what is the

current packaging hierarchy of the item.

26. "Virtual distributor" means a person that arranges for the distribution of a drug or

device and which may or may not take actual possession of the drug or device but

contracts with others for the distribution, purchase, and sale.

27. "Virtual manufacturer" means a person that owns the new drug application or

abbreviated new drug application for a drug or device and which contracts with others

for the actual manufacturing of the drug or device.

28. "Wholesale distribution" means distribution of prescription drugs, medical gases, or

medical equipment to persons other than a consumer or patient. The term does not

include:

a. Intracompany sales of prescription drugs, medical gases, or medical equipment,

meaning any transaction or transfer between any division, subsidiary, parent or

affiliated or related company under common ownership and control of a corporate

entity, or any transaction or transfer between colicensees of a colicensed product.

b. The sale, purchase, distribution, trade, or transfer of a prescription drug, medical

gas, or medical equipment or the offer to sell, purchase, distribute, trade, or

transfer a prescription drug, medical gas, or medical equipment for emergency

medical reasons.

c. The purchase or other acquisition by a hospital or other health care entity that is a

member of a group purchasing organization of a drug, gas, or equipment for the

hospital's or health care entity's own use from the group purchasing organization

or from other hospitals or health care entities that are members of such

organizations.

d. The sale, purchase, or trade of a drug, gas, or equipment or an offer to sell,

purchase, or trade a drug, gas, or equipment by a charitable organization

described in section 501(c)(3) of the Internal Revenue Code of 1954 to a

nonprofit affiliate of the organization to the extent otherwise permitted by law.

e. The sale, purchase, or trade of a drug, gas, or equipment or an offer to sell,

purchase, or trade a drug, gas, or equipment among hospitals or other health

care entities that are under common control.

f. The distribution of prescription drug samples by manufacturers' representatives.

g. Drug returns, when conducted by a hospital, health care entity, or charitable

institution in accordance with title 21, Code of Federal Regulations, section

203.23.

h. The sale of minimal quantities of prescription drugs, medical gases, or medical

equipment by retail pharmacies to licensed practitioners for office use.

i. The sale, purchase, or trade of a drug, gas, or equipment; an offer to sell,

purchase, or trade a drug, gas, or equipment; or the dispensing of a drug, gas, or

equipment pursuant to a prescription.

j. The sale, transfer, merger, or consolidation of all or part of the business of a

pharmacy from or with another pharmacy, whether accomplished as a purchase

and sale of stock or business assets.

k. The sale, purchase, distribution, trade, or transfer of a prescription drug, medical

gas, or medical equipment from one authorized distributor of record to one

additional authorized distributor of record when the manufacturer has stated in

writing to the receiving authorized distributor of record that the manufacturer is

unable to supply such prescription drug, medical gas, or medical equipment and

the supplying authorized distributor of record states in writing that the prescription

drug, medical gas, or medical equipment being supplied had until that time been

exclusively in the normal distribution channel.

l. The delivery of, or offer to deliver, a prescription drug, medical gas, or medical

equipment by a common carrier solely in the common carrier's usual course of

business of transporting prescription drugs, medical gases, or medical equipment

and the common carrier does not store, warehouse, or take legal ownership of

the prescription drug, medical gas, or medical equipment.

m. The sale or transfer from a retail pharmacy or chain pharmacy warehouse of

expired, damaged, returned, or recalled prescription drugs, medical gases, or

medical equipment to the original manufacturer or to a third-party returns

processor.

29. "Wholesale distributor" means anyone engaged in the wholesale distribution of

prescription drugs, medical gases, or medical equipment, including manufacturers;

virtual manufacturers; repackagers; own-label distributors; private-label distributors;

jobbers; brokers; virtual distributors and warehouses, including manufacturers' and

distributors' warehouses; manufacturers' exclusive distributors; authorized distributors

of record; drug, gas, or equipment wholesalers or distributors; independent wholesale

drug, gas, or equipment traders; specialty wholesale distributors; retail pharmacies

that conduct wholesale distribution; and chain pharmacy warehouses that conduct

wholesale distribution. To be considered part of the normal distribution channel, such

wholesale distributor must also be an authorized distributor of record.
N.D. Cent. Code § 43-15-26 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-26
43-15-26. Failure to renew license - Renewal fee - Cancellation of license - Reinstatement
Status: in_force

43-15-26. Failure to renew license - Renewal fee - Cancellation of license -

Reinstatement.

If a licensed pharmacist in this state fails to pay the fee for a renewal of a license within the

time required, the secretary of the board shall mail the pharmacist a notice, addressed to the

pharmacist's last-known place of residence, notifying the pharmacist of failure to obtain a

renewal license. The delinquent licenseholder, within sixty days after the notice is mailed, may

procure a renewal license upon the payment of a renewal fee to be set by the board not to

exceed one hundred dollars. If the licenseholder fails to have a license renewed within sixty

days after the notice is mailed, the original or renewal license, as the case may be, becomes

void and the registry thereof must be canceled. The board, on application of the delinquent

licenseholder and upon the payment of all unpaid fees, may authorize the issuance of a new

license without examination, if it is satisfied that the applicant is a proper individual to receive

the same.
N.D. Cent. Code § 43-40.1-01 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-01
43-40.1-01. Purpose
Status: in_force

43-40.1-01. Purpose

1. The purpose of this compact is to facilitate interstate practice of occupational therapy

with the goal of improving public access to occupational therapy services. The practice

of occupational therapy occurs in the state where the patient is located at the time of

the patient encounter. The compact preserves the regulatory authority of states to

protect public health and safety through the current system of state licensure.

2. This compact is designed to:

a. Increase public access to occupational therapy services by providing for the

mutual recognition of other member state licenses;

b. Enhance the states' ability to protect the public's health and safety;

c. Encourage the cooperation of member states in regulating multistate

occupational therapy practice;

d. Support spouses of relocating military members;

e. Enhance the exchange of licensure, investigative, and disciplinary information

between member states;

f. Allow a remote state to hold a provider of services with a compact privilege in that

state accountable to that state's practice standards; and

g. Facilitate the use of telehealth technology to increase access to occupational

therapy services.
N.D. Cent. Code § 43-30-04.1 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-04.1
43-30-04.1. Continuing education requirements
Status: in_force

43-30-04.1. Continuing education requirements

The board may adopt rules establishing the requirements for the continuing education of

persons licensed under this chapter. The board may refuse to renew, suspend, or revoke any

license issued under this chapter or place on probationary status any licensee on proof that the

licensee has failed to meet the applicable continuing education requirements. Applicants for

accreditation of continuing education courses, classes, or activities may be charged a

reasonable fee as determined by the board.
N.D. Cent. Code § 43-51-01 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-01
43-51-01. Definitions
Status: in_force

43-51-01. Definitions

As used in this chapter, unless the context indicates otherwise:

1. "Board" means a board, commission, or other agency of state government created or

identified in this title to regulate a particular occupation or profession and the education

standards and practices board.

a. The term does not include the:

(1) State board of accountancy;

(2) State electrical board;

(3) North Dakota real estate appraiser qualifications and ethics board;

(4) State real estate commission;

(5) Secretary of state with respect to contractor licensing;

(6) North Dakota board of medicine; and

(7) State board of dental examiners.

b. The term includes any other agency of state government which is created or

identified outside this title to regulate a particular occupation or profession if the

agency elects, by administrative rule, to invoke the authority in this chapter.

2. "Foreign practitioner" means an individual who currently holds and maintains a license

in good standing to engage in an occupation or profession in a state or jurisdiction

other than this state and who is not the subject of a pending disciplinary action in any

state or jurisdiction.

3. "Good standing" means a foreign practitioner holds a current license that is not issued

on a temporary or restricted basis, is not encumbered or on probation, and is not

suspended or revoked.

4. "License" means a license, certificate, permit, or similar authorization to practice an

occupation or profession which is issued by a government agency in another state or

jurisdiction that imposes requirements for obtaining and maintaining a license which

are comparable to the requirements imposed in this state to obtain and maintain a

license to practice the same profession or occupation.

5. "Military member" means a member of the armed forces of the United States or a

reserve component of the armed forces of the United States stationed in this state in

accordance with military orders or stationed in this state before a temporary

assignment to duties outside of this state.

6. "Military spouse" means a foreign practitioner who is the spouse of a military member.

7. "Occupation or profession" means activity for which a license is required from a board

or similar activity for which a license is required in another state or jurisdiction.
N.D. Cent. Code § 43-17-07.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-07.1
43-17-07.1. Powers of the board of medicine
Status: in_force

43-17-07.1. Powers of the board of medicine

In addition to any other powers, the board may:

1. Employ or contract with one or more organizations or agencies known to provide

acceptable examinations for the preparation and scoring of required examinations

relating to physician licensure, and employ or contract with one or more organizations

or agencies known to provide acceptable examination services for the administration

of the required examination.

2. Prescribe the time, place, method, manner, scope, and subject of examination.

3. Impose sanctions, deny licensure, levy fines, or seek appropriate civil or criminal

penalties against anyone who violates or attempts to violate examination security,

anyone who obtains or attempts to obtain licensure by fraud or deception, and anyone

who knowingly assists in that type of activity.

4. Require information on an applicant's or licensee's fitness, qualifications, and previous

professional record and performance from recognized data sources, including the

federation of state medical boards action data bank, other data repositories, licensing

and disciplinary authorities of other jurisdictions, professional education and training

institutions, liability insurers, health care institutions, and law enforcement agencies be

reported to the board. The board or its investigative panels may require an applicant

for licensure or a licensee who is the subject of a disciplinary investigation to submit to

a statewide and nationwide criminal history record check. The nationwide criminal

history record check must be conducted in the manner provided by section 12-60-24.

All costs associated with the criminal history record check are the responsibility of the

licensee or applicant.

5. Require the self-reporting by an applicant or a licensee of any information the board

determines may indicate possible deficiencies in practice, performance, fitness, or

qualifications.

6. Establish a mechanism for dealing with a licensee who abuses or is dependent upon

or addicted to alcohol or other addictive chemical substances, to enter an agreement,

at its discretion, with a professional organization whose relevant procedures and

techniques it has evaluated and approved for the organization's cooperation or

participation.

7. Issue a cease and desist order, obtain a court order, or an injunction to halt unlicensed

practice, a violation of this chapter, or a violation of the rules of the board.

8. Issue a conditional, restricted, or otherwise circumscribed license as it determines

necessary.

9. Utilize board funds and resources for promotion, education, and outreach services for

the professions and students of the professions licensed under this chapter.

10. Adopt rules to implement this chapter.
N.D. Cent. Code § 43-26.1-11.1 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-11.1
43-26.1-11.1. Ordering imaging
Status: in_force

43-26.1-11.1. Ordering imaging

1. A physical therapist may order diagnostic imaging if the physical therapist:

a. Holds a clinical doctorate degree in physical therapy; or

b. Completed a board-approved formal medical imaging training program.

2. A physical therapist ordering diagnostic imaging shall report the results to the patient's

designated specialty or primary care provider within seven days of receipt of the image

to ensure coordination of care, unless:

a. The patient does not have a specialty or primary care provider; or

b. The specialty or primary care provider received the images from the health care

professional who performed or interpreted the images.
N.D. Cent. Code § 43-13-19 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-19
43-13-19. License - When issued - Fee
Status: in_force

43-13-19. License - When issued - Fee

Every applicant for a license to practice optometry in this state who meets the standards

required for licensure, including successfully passing the required examination, must be

licensed upon payment to the executive director of the board of a reasonable sum fixed by the

board.
N.D. Cent. Code § 43-40-12 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-12
43-40-12. Waiver of requirements for licensure
Status: in_force

43-40-12. Waiver of requirements for licensure

The board may waive the examination, education, or experience requirements and grant a

license to any applicant who presents proof of current licensure or registration as an

occupational therapist or occupational therapy assistant in another state which requires

standards for licensure or registration considered by the board to be equivalent to the

requirements for licensure of this chapter.
N.D. Cent. Code § 43-26.1-04 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-04
43-26.1-04. Qualifications for licensure
Status: in_force

43-26.1-04. Qualifications for licensure

1. Before being approved for a license as a physical therapist or physical therapist

assistant, an applicant:

a. Must be of good moral character.

b. Shall complete the application process.

c. Must be a graduate of a professional physical therapist or physical therapist

assistant education program accredited by a national accreditation agency

approved by the board.

d. Shall pass the examination approved by the board.

2. An applicant for a license as a physical therapist or a physical therapist assistant who

has been educated outside of the United States:

a. Must be of good moral character.

b. Shall complete the application process.

c. Shall provide satisfactory evidence the applicant's education is substantially

equivalent to the requirements of a physical therapist or physical therapist

assistant educated in an accredited education program as determined by the

board. For the purpose of this section, "substantially equivalent" means an

applicant for licensure educated outside the United States must have:

(1) Graduated from a physical therapist or physical therapist assistant

education program that prepares the applicant to engage in the practice of

physical therapy without restriction.

(2) Provided written proof the applicant's school of physical therapy or physical

therapy assistant education is recognized by its ministry of education or

other appropriate education agency.

(3) Undergone a credentials evaluation as directed by the board determining

the candidate has met uniform criteria for educational requirements as

further established by rule.

(4) Completed any additional education or clinical experience as required by the

board.

d. Shall pass the board-approved English proficiency examinations if the applicant's

native language is not English.

e. Shall pass the examination approved by the board.

f. Shall obtain a criminal background check as referenced in section 43-26.1-05.1

and required under article III of chapter 43-26.2.

3. Notwithstanding the provisions of subsection 2, if the applicant is educated outside the

United States and is a graduate of a professional physical therapist or physical

therapist assistant educational program accredited by a national accrediting agency

approved by the board, the board may waive the requirements in subdivision c of

subsection 2.
N.D. Cent. Code § 43-05-16.4 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.4
43-05-16.4. Mental examination - Access to medical data
Status: in_force

43-05-16.4. Mental examination - Access to medical data

1. If the board has probable cause to believe that a podiatrist or applicant for license falls

within the provisions of subdivision l or q of subsection 1 of section 43-05-16, it may

direct the podiatrist or applicant for license to submit to a mental or physical

examination or an addiction evaluation. A podiatrist licensed or permitted under this

chapter or an applicant for a license is considered to have consented to submit to a

mental or physical examination or an addiction examination when directed in writing by

the board and to have waived all objections to the admissibility of the examiner's

testimony or examination reports on the ground that the examination constitutes a

privileged communication. The failure of a podiatrist or applicant for a license to submit

to an examination when directed constitutes an admission of the allegations against

the podiatrist or applicant for license and a default and final order may be entered

without the taking of testimony or presentation of evidence unless the failure was due

to circumstances beyond the podiatrist's or applicant's control. A podiatrist or applicant

for a license must, at reasonable intervals, be given an opportunity to demonstrate that

the podiatrist or applicant can resume or commence the competent practice of

podiatric medicine with reasonable skill and safety to patients. In a proceeding under

this subsection, neither the record of proceedings nor the orders entered by the board

may be used against a podiatrist or applicant in any other proceeding.

2. In addition to ordering a physical or mental examination or an addiction evaluation, the

board may, notwithstanding any law to the contrary, obtain medical data and health

records relating to a licensee or applicant without the licensee's or applicant's consent

if the board has probable cause to believe that the podiatrist or applicant falls within

the provisions of subdivision l or q of subsection 1 of section 43-05-16. The medical

data may be requested from a provider, an insurance company, or a government

agency. A provider, insurance company, or government agency shall comply with a

written request of the board under this section and is not liable in any action for

damages for releasing the data requested by the board if the data are released in

accordance with a written request under this section unless the information is false

and the provider giving the information knew or had reason to believe the information

was false.
N.D. Cent. Code § 43-28-23 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-23
43-28-23. Notice to board of change of address
Status: in_force

43-28-23. Notice to board of change of address

Within thirty days after a licensed and registered dentist changes the dentist's place of

business, the dentist shall notify the executive director of the board of the new address. The

notice must be given by certified mail and return receipt requested. Such licensed and

registered dentist may not practice dentistry in the state for more than thirty days after such

removal without giving such notice.
N.D. Cent. Code § 43-04-39 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-39
43-04-39. Renewal and restoration of certificates of barber
Status: in_force

43-04-39. Renewal and restoration of certificates of barber

Every registered barber who continues in active practice or service, annually, on or before

July first, shall renew that person's certificate of registration and pay the required fee. Every

certificate of registration which has not been renewed during the month of July in any year

expires the first day of August in that year. A registered barber whose certificate of registration

has expired may have that person's certificate restored immediately upon payment of the

required restoration fee. Any registered barber who retires from the practice of barbering for not

more than five years may renew that person's certificate upon payment of the required

restoration fee.
N.D. Cent. Code § 43-23.2-06 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-06
43-23.2-06. Judgment debtor may defend - Default judgments
Status: in_force

43-23.2-06. Judgment debtor may defend - Default judgments

The judgment debtor may defend any such action on the judgment debtor's own behalf and

has recourse to all appropriate means of defense and review, including examination of

witnesses. Whenever an applicant's judgment is by default, stipulation, or consent, or whenever

the action against the licensee was defended by a trustee in bankruptcy, the applicant has the

burden of proving any claim for relief for fraudulent, deceptive, or dishonest practices, or

conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the

fraudulent, deceptive, or dishonest practices, or conversion of trust funds. This presumption is a

presumption affecting the burden of producing evidence.
N.D. Cent. Code § 43-20-12 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-12
43-20-12. Dental hygienist - Scope of permitted practice
Status: in_force

43-20-12. Dental hygienist - Scope of permitted practice

A licensed dentist may delegate to a competent dental hygienist those procedures over

which the dentist exercises full responsibility, except those procedures that require professional

judgment and skill in diagnosis, treatment planning, or the cutting of hard or soft tissue. The

board of dental examiners may adopt rules governing the scope of practice of dental hygienists.
N.D. Cent. Code § 43-15.2-06 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-06
43-15.2-06. Liability
Status: in_force

43-15.2-06. Liability

1. A donor of legend drugs, devices, or supplies, or any participant in the program, that

exercises reasonable care in donating, accepting, distributing, prescribing, and

dispensing legend drugs, devices, or supplies under the program and the rules

adopted to implement this chapter is immune from civil or criminal liability and from

professional disciplinary action of any kind for any injury, death, or loss to personal

property relating to such activities.

2. In the absence of intentional misconduct, a pharmaceutical manufacturer is immune

from civil or criminal liability for any claim, injury, death, or loss to person or property

arising from transfer, donation, dispensing, or acceptance of any legend drugs,

devices, or supplies under this chapter, including liability for failure to transfer or

communicate product or consumer information regarding the transferred legend drugs,

devices, or supplies as well as the expiration date of the legend drugs, devices, or

supplies under the program.
N.D. Cent. Code § 43-30-05.1 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-05.1
43-30-05.1. Temporary license or registration
Status: in_force

43-30-05.1. Temporary license or registration

The board may issue a temporary license or registration upon payment of the required

application fee and satisfaction of all other requirements set by the board for licensure or

registration under this chapter except for completion of a nationwide criminal history record

check on the applicant under section 43-30-06. A temporary license or registration issued under

this section expires without further action by the board on the date the board receives the

results of the nationwide criminal history record check on the applicant. An additional fee may

not be charged for the temporary license or registration, but an application fee is not refundable

if the board denies the application.
N.D. Cent. Code § 43-44-08 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-08
43-44-08. Requirements for licensure - Licensed registered dietitian
Status: in_force

43-44-08. Requirements for licensure - Licensed registered dietitian

1. Applicants for licensure as a licensed registered dietitian shall file a written application

with the board, submit any fees required by the board, and submit proof of completion

of the following requirements:

a. Have satisfactorily completed the education and experience requirements for

registered dietitians nutritionists approved by the commission on dietetic

registration of the academy of nutrition and dietetics or its predecessor or

successor organization.

b. Have satisfactorily completed the examination approved and administered by the

commission on dietetic registration of the academy of nutrition and dietetics or its

predecessor or successor organization.

c. Have a current valid registration with the commission on dietetic registration

which gives the applicant the right to use the term "registered dietitian" or

"registered dietitian nutritionist".

d. Complete a background check or fingerprinting if requested by the board.

2. Applicants for renewal of licensure as a licensed registered dietitian:

a. Shall comply with subsection 1.

b. Must have satisfactorily completed continuing education requirements specified

by the commission on dietetic registration of the academy of nutrition and

dietetics or its predecessor or successor organization.

c. Shall complete a background check or fingerprinting if requested by the board.
N.D. Cent. Code § 43-23-08.4 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-08.4
43-23-08.4. Criminal history record checks
Status: in_force

43-23-08.4. Criminal history record checks

The commission may require an applicant for licensure or a licensee whose licensure is

subject to investigation by the commission to submit to a statewide and nationwide criminal

history record check. The nationwide criminal history record check must be conducted in the

manner provided by section 12-60-24. All costs associated with obtaining a background check

are the responsibility of the applicant or licensee.
N.D. Cent. Code § 43-17.1-09 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-09
43-17.1-09. Immunity
Status: in_force

43-17.1-09. Immunity

Members of the investigative panels, special masters appointed by an investigative panel,

and agents of an investigative panel, are immune from any liability of any kind based upon any

acts or omissions in the course of the performance of responsibilities in an official capacity

except liability for bodily injury arising out of accidents caused, or contributed to, by the

negligence of the member or agent.
N.D. Cent. Code § 43-11-03 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-03
43-11-03. State board of cosmetology - Appointment - Term - Removal
Status: in_force

43-11-03. State board of cosmetology - Appointment - Term - Removal

The state board of cosmetology consists of seven members appointed by the governor for

three years each, with their terms of office so arranged that no more than three terms expire on

June thirtieth of each year. Each member shall qualify by taking the oath required of civil officers

and shall hold office until a successor is appointed and qualified. The governor may remove

from office a member for misconduct, malfeasance, neglect of duty in office, crime in office,

gross incompetency, or habitual drunkenness. A vacancy on the board must be filled by

appointment by the governor for the unexpired term.
N.D. Cent. Code § 43-49-01 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-01
43-49-01. Definitions
Status: in_force

43-49-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Board" means the North Dakota board of reflexology.

2. "Reflexologist" means an individual who is licensed to practice reflexology.

3. "Reflexology" means the application of specific or alternating pressure by the use of

the practitioner's hands, thumbs, fingers, and accepted tools, to reflexes using

techniques such as thumb walking, finger walking, hook and back up, and rotation on

a reflex.
N.D. Cent. Code § 43-23.2-09 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-09
43-23.2-09. Repayment to fund
Status: in_force

43-23.2-09. Repayment to fund

Should the commission pay from the fund any amount in settlement of a claim or toward

satisfaction of a judgment against a licensed broker or salesperson, the license of the broker or

salesperson must be automatically suspended upon the effective date of an order by the court

as set forth herein authorizing payment from the fund. No such broker or salesperson may be

granted reinstatement until having repaid in full, plus interest at the rate of four percent a year,

the amount paid from the fund on that person's account. A discharge in bankruptcy does not

relieve a person from the penalties and disabilities provided in this chapter.
N.D. Cent. Code § 43-06-09 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-09
43-06-09. Chiropractor - Qualifications
Status: in_force

43-06-09. Chiropractor - Qualifications

An applicant for licensure to practice chiropractic in this state must have a degree from or

be enrolled in the last term of college at an approved and accredited doctor of chiropractic

program.
N.D. Cent. Code § 43-17.1-08 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-08
43-17.1-08. Communication to investigative panel privileged
Status: in_force

43-17.1-08. Communication to investigative panel privileged

1. Communications to the investigative panels and their agents are privileged and

confidential, and no member of the investigative panels nor any of their agents may be

compelled to testify with respect thereto in any proceedings except in formal

proceedings conducted before the board.

2. All records of the investigative panels, except their financial records, are confidential.

Only the formal disciplinary documents issued pursuant to chapter 28-32 are

considered open records, including the formal complaint, finding of facts, conclusions

of law, and order. If a disciplinary action is resolved by settlement agreement, the fully

executed agreement is a public record.

3. Notwithstanding the provisions of this section, if an investigative panel determines that

the records of the investigative panel disclose a possible violation of state or federal

criminal law, the investigative panel may provide the records to the appropriate law

enforcement agency.

4. Investigative information in the possession of the board and investigatory panels which

relates to licensee discipline may be disclosed to the appropriate licensing authorities

within this state, the appropriate licensing authority in another state, or as permitted

under chapter 43-17.4, if the receiving entity has statutory protections in place to

protect the records from disclosure.
N.D. Cent. Code § 43-17-27 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-27
43-17-27. Board to make rules and regulations as to registration statement - Keep record of persons paying fee
Status: repealed

43-17-27. Board to make rules and regulations as to registration statement - Keep

record of persons paying fee.

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-19.1-06 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-06
43-19.1-06. Board - Removal of members - Vacancies
Status: in_force

43-19.1-06. Board - Removal of members - Vacancies

The governor may remove any member of the board for misconduct, incompetency, neglect

of duty, or for any sufficient cause, in the manner prescribed by law for removal of state officials.

Vacancies in the membership of the board must be filled for the unexpired term by appointment

by the governor as provided in section 43-19.1-03.
N.D. Cent. Code § 43-40-04 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-04
43-40-04. Board of occupational therapy practice - Appointment - Meetings
Status: in_force

43-40-04. Board of occupational therapy practice - Appointment - Meetings

1. There is established a board of occupational therapy practice. The board shall consist

of five members appointed by the governor, all of whom must be residents of this

state. The occupational therapy practitioners appointed must have been engaged in

rendering occupational therapy services to the public, teaching, or research in

occupational therapy for at least three years immediately preceding their

appointments. Three board members must be licensed occupational therapists. One

member must be a licensed occupational therapy assistant. One member must

represent the public with an interest in the rights of the consumers of health services.

2. Appointments must be for three-year terms, but no person may be appointed to serve

more than two consecutive terms. Terms begin on the first day of the calendar year

and end on the last day of the calendar year or until successors are appointed.

3. If a vacancy in one of the positions exists, the governor shall appoint, as soon as

practicable, a person to the unexpired term.

4. The board shall meet during the first month of each calendar year to select a chairman

and for other purposes. At least one additional meeting must be held before the end of

each calendar year. Other meetings may be convened at the call of the chairman or

the written request of any two board members.

5. Members of the board may receive no compensation for their services, but are entitled

to reasonable travel and other expenses incurred in the execution of their powers and

duties, as set by the board.
N.D. Cent. Code § 43-40-10 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-10
43-40-10. Internationally trained applicants
Status: in_force

43-40-10. Internationally trained applicants

Internationally trained occupational therapists and occupational therapy assistants shall

satisfy requirements equivalent to those contained in section 43-40-08.
N.D. Cent. Code § 43-07-01 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-01
43-07-01. Definitions
Status: in_force

43-07-01. Definitions

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

1. "Contractor" means any person engaged in the business of construction, repair,

alteration, dismantling, or demolition of bridges, highways, roads, streets, buildings,

airports, dams, drainage or irrigation ditches, sewers, water or gas mains, water filters,

tanks, towers, oil, gas, or water pipelines, and every other type of structure, project,

development, or improvement coming within the definition of real or personal property,

including the construction, alteration, or repair of property to be held either for sale or

rental, and includes subcontractor, public contractor, and nonresident contractor.

2. "Contractor year" means March second through March first.

3. "Nonresident contractor" means any contractor who does not have an established and

maintained place of business within this state, or who has not made reports to North

Dakota workforce safety and insurance within the previous year of employees within

this state, and who has not made contributions to the North Dakota workforce safety

and insurance fund accordingly, or who, during a like period has not made an income

tax return in this state.

4. "Public contract" means a contract with the state of North Dakota or any board,

commission, or department thereof, or with any board of county commissioners, or

with any city council or board of city commissioners, board of township supervisors,

school board, or with any state or municipal agency, or with any other public board,

body, commission, or agency authorized to let or award contracts for the construction

or reconstruction of public work when the contract cost, value, or price exceeds the

sum of four thousand dollars and includes subcontracts undertaken to perform work

covered by the original contract or any part thereof when the contract cost, value, or

price of the work included in the subcontract exceeds the sum of four thousand dollars.

5. "Registrar" means the secretary of state.
N.D. Cent. Code § 43-01-05 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-05
43-01-05. Duties of board - Power to make rules - Seal
Status: in_force

43-01-05. Duties of board - Power to make rules - Seal

The board shall carry out the purposes and enforce the provisions of this chapter and shall

make such rules and regulations as are necessary for the performance of its duties. The board

shall have a seal.
N.D. Cent. Code § 43-44-16 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-16
43-44-16. Injunction
Status: in_force

43-44-16. Injunction

The civil remedy of injunction is available to the board to restrain and enjoin violations of

this chapter. The board may apply to an appropriate court for an order enjoining violations of this

chapter, and upon a showing by the board that a person has violated or is about to violate this

chapter, the court may grant an injunction or a restraining order, or take other appropriate

action.
N.D. Cent. Code § 43-23-05.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-05.1
43-23-05.1. Organization of salesperson, broker, or broker associate permitted to be licensed - Fees
Status: in_force

43-23-05.1. Organization of salesperson, broker, or broker associate permitted to be

licensed - Fees.

1. The commission may license an organization of a salesperson, broker, or broker

associate if:

a. The organization is owned solely by an individual who is licensed as a

salesperson, broker, or broker associate, or by that individual and that individual's

spouse, or by that individual and other salespersons, brokers, and broker

associates within the same firm as that individual;

b. The organization does not engage in any real estate transactions as a third-party

agent or in any other capacity requiring a license under this chapter; and

c. The organization does not advertise or otherwise portray to the public the

organization is a real estate broker or real estate brokerage firm.

2. The employing or associating broker of a salesperson, broker, or broker associate who

is part of an organization is not relieved of any obligation to supervise the employed or

associated salesperson, broker, or broker associate or of any other requirements

under this chapter.

3. An individual who forms an organization is not by nature of that act relieved of any

personal liability for licensed activities.

4. The commission may adopt rules establishing a one-time license fee for an

organization licensed as a salesperson, broker, or broker associate.
N.D. Cent. Code § 43-13-26.1 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-26.1
43-13-26.1. Impaired optometrists
Status: in_force

43-13-26.1. Impaired optometrists

After a hearing conducted pursuant to chapter 28-32, the board may restrict, suspend, or

revoke the license of any licensed optometrist whose mental or physical ability to practice

optometry with reasonable skill and safety is impaired.

1. For the purpose of this section, "impairment" means the inability of a licensee to

practice optometry with reasonable skill and safety by reason of:

a. Mental illness; or

b. Physical illness, including physical deterioration that adversely affects cognitive,

motor, or perceptive skills.

2. The board may, upon probable cause, require a licensee or applicant to submit to a

mental or physical examination by appropriate health care providers designated by the

board. The results of the examination are admissible in any hearing, despite any claim

of privilege under any contrary rule or statute. Every person who receives a license to

practice optometry or who files an application for a license to practice optometry is

deemed to have given consent to submit to the admissibility of the results in any

hearing. If a licensee or applicant fails to submit to an examination when properly

directed to do so by the board, unless the failure was due to circumstances deemed to

be beyond the licensee's control, the board may enter a final disciplinary order upon

proper notice, hearing, and proof of such refusal.

3. If the board finds, after examination and administrative hearing, that a licensee is

impaired, it may take one or more of the following actions:

a. Direct the licensee to submit to care, counseling, or treatment acceptable to the

board; and

b. Suspend, limit, or restrict the optometrist's license for the duration of the

impairment.

4. Any licensee or applicant who is prohibited from practicing optometry under this

section must be afforded an opportunity, at reasonable intervals, to demonstrate to the

satisfaction of the board that the licensee or applicant can resume or begin the

practice of optometry with reasonable skill and safety. Licensure may not be reinstated

without the payment of the current license fee and may be subject to such reasonable

restrictions as may be imposed by the board.
N.D. Cent. Code § 43-06-08 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-08
43-06-08. License required - Application - Examination required - Fee
Status: in_force

43-06-08. License required - Application - Examination required - Fee

A person may not practice chiropractic in this state unless that person has a license from

the state board of chiropractic examiners. A person who desires a license shall:

1. Apply to the board;

2. Submit an official transcript of successful completion of all required examinations;

3. Submit an official transcript and diploma from an approved and accredited doctor of

chiropractic program. The applicant may submit an application while the applicant is

enrolled in the applicant's last term but the board may not issue a license until the

applicant has graduated and has provided the board with an official transcript and

diploma as provided in this section; and

4. Pay to the board a fee, to be determined by the board from time to time, of an amount

not to exceed five hundred dollars.
N.D. Cent. Code § 43-44-01 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-01
43-44-01. Definitions
Status: in_force

43-44-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Board" means the board of dietetic practice.

2. "Board for certification of nutrition specialists" means the entity that serves as the

credentialing agency for certified nutrition specialists.

3. "Certified nutrition specialist" means an individual certified as a nutrition specialist by

the board for certification of nutrition specialists that authorizes the individual to use

the title "certified nutrition specialist" and the abbreviation "CNS" to indicate the

individual is a certified nutrition specialist.

4. "Commission on dietetic registration" means the credentialing agency for the academy

of nutrition and dietetics.

5. "Degree" means a degree received from a college or university that was a United

States regionally accredited body recognized by the council for higher education

accreditation and the United States department of education at the time the degree

was received or validated foreign equivalent.

6. "Dietetics" means the integration, application, and communication of practice

principles derived from the food, nutrition, social, business, and basic sciences to

achieve and maintain the optimal nutrition status of an individual. The primary function

of the practice of dietetics is the provision of medical nutrition therapy.

7. "Evidence-based" or "evidence-based practice" means an approach to health care

through which health practitioners use the best evidence available, to make decisions

for individuals, groups, and populations.

8. "Foreign practitioner" means an individual who holds and maintains a license in good

standing to engage in the practice of dietetics and nutrition in a state or jurisdiction

other than this state and who is not the subject of a pending disciplinary action in any

state or jurisdiction.

9. a. "General nonmedical nutrition information" may include information on any of the

following:

(1) Principles of good nutrition, menu planning, and food preparation.

(2) Food that should be included in the normal daily diet.

(3) The essential nutrients needed by the human body.

(4) The recommended amounts of essential nutrients in the human body.

(5) The actions of nutrients in the human body.

(6) The effects of deficiencies or excesses of nutrients in the human body.

(7) Foods, herbs, and supplements that are good sources of essential nutrients

in the human body.

b. The term does not include the provision of medical nutrition therapy.

10. "General supervision" means the qualified supervisor is onsite and present where

nutrition care services are provided or is immediately available to the individual being

supervised by means of electronic communications and maintains continual

involvement in the appropriate aspects of patient care, and has primary responsibility

for all nutrition care services rendered by an individual.

11. "Licensed nutritionist" means an individual licensed as a nutritionist under this chapter

who may be referred to or hold oneself out as a nutritionist.

12. "Licensed registered dietitian" means an individual licensed as a dietitian under this

chapter who may be referred to or hold oneself out as a dietitian, dietitian nutritionist,

nutritionist, or a dietician.

13. "Medical nutrition therapy" means the provision of nutrition care services for the

treatment or management of a disease or medical condition. The term includes the

provision of any part or all of the following services:

a. Interpreting anthropometric, biochemical, clinical, and dietary data in acute and

chronic disease states and recommending or ordering nutrient needs based on

the dietary data, including tube feedings and parenteral nutrition.

b. Food and nutrient counseling, including food and prescription drug interactions.

c. Developing and managing food service operations, including operations for the

management or treatment of disease or medical conditions, with the primary

function of nutrition care or recommending or ordering therapeutic diets.

d. Medical weight control.

14. "Medical weight control" means medical nutrition therapy for the purpose of reducing,

maintaining, or gaining weight.

15. "Nonmedical weight control" means the provision of services for the purpose of

reducing, maintaining, or gaining weight which does not constitute the treatment of a

disease or medical condition. The term includes weight control services for healthy

population groups to achieve or maintain a healthy weight.

16. "Nutrition" means the science of food and nutrients, including the action, interaction,

and balance of food and nutrients in relation to health and disease and the process by

which humans ingest, absorb, transport, utilize, and excrete food substances. The

primary function of the practice of nutrition is the provision of medical nutrition therapy.

17. "Nutrition assessment" means the systematic process of obtaining, verifying, and

interpreting biochemical, anthropometric, physical, nutrigenomic, and dietary data to

make decisions about the nature and cause of nutrition-related problems. The mere

collection of data itself does not constitute nutrition assessment. The term includes an

ongoing, dynamic process that:

a. Involves an initial data collection and a reassessment and analysis of client or

community needs; and

b. Provides the foundation for nutrition diagnosis and nutritional recommendations,

including enteral and parenteral nutrition.

18. a. "Nutrition care services" means the provision of any part or all of the following

services within a systematic process:

(1) Assessing and evaluating the nutritional needs of individuals and groups,

and determining resources and constraints in the practice setting, including

ordering laboratory tests to check and track nutrition status, creating dietary

plans and orders, and monitoring the effectiveness of the plans and orders.

(2) Establishing priorities, goals, and objectives that meet nutritional needs and

are consistent with available resources and constraints.

(3) Providing nutrition counseling in health and disease.

(4) Developing, implementing, and managing nutrition care systems.

(5) Evaluating, making changes in, and maintaining appropriate standards of

quality in food and nutrition services.

(6) Ordering therapeutic diets.

b. The term does not include the retail sale of food products or vitamins, the giving

of general nonmedical nutrition information, or the providing of nonmedical weight

control by unlicensed individuals.

19. "Nutrition counseling" means the advice and assistance provided by a licensed

registered dietitian or licensed nutritionist to an individual or group on nutrition intake

by integrating information from the nutrition assessment with information on food and

other sources of nutrient and meal preparations consistent with cultural background,

socioeconomic status, and therapeutic needs.

20. "Nutrition diagnosis" means identifying and labeling nutritional problems managed and

treated by a licensed registered dietitian or licensed nutritionist. The term does not

include the medical differential diagnosis of the health status of an individual.

21. "Nutrition intervention" means purposefully planned actions and nutrition counseling

intended to positively change a nutrition-related behavior, risk factor, environmental

condition, or aspect of the health status for an individual.

22. "Nutrition monitoring and evaluation" means identifying patient outcomes relevant to a

nutrition diagnosis and comparing the outcomes with the patient's previous health

status, intervention goals, or reference standards to determine the progress made in

achieving desired outcomes of nutrition care and whether planned interventions should

be continued or revised.

23. "Onsite supervision" means the qualified supervisor is present in the department or

facility or virtual platform at which nutrition care services are provided, is immediately

available to the individual being supervised and maintains continual involvement in the

appropriate aspects of patient care, and has primary responsibility for all nutrition care

services rendered by an individual.

24. "Practice of dietetics and nutrition" means the integration and application of scientific

principles derived from the study of food, nutrition, biochemistry, metabolism,

nutrigenomics, physiology, food management, and behavioral and social sciences in

achieving and maintaining health throughout the life span and in providing nutrition

care services in person and via telehealth, including medical nutrition therapy, for the

purpose of disease management and prevention, or to treat or rehabilitate an illness,

injury, or condition.

25. "Provisional license" means a license granted to an applicant who has submitted the

information required in section 43-44-12 and applied for examination but has not

completed the examination successfully yet.

26. "Qualified supervisor" means:

a. If supervising the provision of medical nutrition therapy, an individual who is:

(1) A certified nutrition specialist or a registered dietitian nutritionist;

(2) A licensed nutritionist who has met the education and experience

qualifications under section 43-44-07, a licensed dietitian nutritionist, or a

licensed registered dietitian; or

(3) A health care provider licensed or otherwise authorized under the laws of

any state to provide nutrition care services to treat or manage a disease or

medical condition.

b. If supervising the provision of nutrition care services that do not constitute

medical nutrition therapy, an individual who either meets the requirements of

paragraph 1 of subdivision a or an individual with at least three years of clinical

nutrition experience who holds a master's or doctoral degree with a major course

of study in dietetics, human nutrition, foods and nutrition, community nutrition,

public health nutrition, naturopathic medicine, nutrition education, nutrition,

nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling,

nutrition and functional medicine, nutritional biochemistry, nutrition and integrative

health, or an equivalent course of study as approved by the board.

27. "Registered dietitian" or "registered dietitian nutritionist" means an individual registered

as a dietitian or a dietitian nutritionist with the commission on dietetic registration which

authorizes the individual to use the title "registered dietitian nutritionist" or "registered

dietitian" and the abbreviation "RDN" or "RD".

28. "Telehealth" means the use of electronic information and telecommunications

technologies to provide services under this chapter to support clinical health care,

patient and professional health-related education, public health, and health

administration between a licensee in one location and an individual in another location.

29. "Therapeutic diet" means a diet intervention prescribed by a physician or other

authorized nonphysician practitioner which provides food or nutrients via oral, enteral,

or parenteral routes, or a combination thereof, as part of treatment of disease or

diagnosed clinical conditions to modify, eliminate, decrease, or increase identified

micronutrients and macronutrients in the diet.
N.D. Cent. Code § 43-62-03 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-03
43-62-03. Exemptions
Status: in_force

43-62-03. Exemptions

This chapter does not apply to the following:

1. A licensed practitioner performing medical imaging or radiation therapy.

2. A dental assistant or dental hygienist licensed under chapter 43-20.

3. A student enrolled in and attending a school or college of medicine, medical imaging,

or radiation therapy who performs medical imaging or radiation therapy on humans

while under the supervision of a licensed practitioner or a radiographer, radiation

therapist, nuclear medicine technologist, radiologist assistant, sonographer, or

magnetic resonance imaging technologist holding a license in the medical imaging or

radiation therapy modality which the student is enrolled or attending.

4. An individual administering medical imaging or radiation therapy and who is employed

by the United States government when performing duties associated with that

employment.

5. A nurse licensed under chapter 43-12.1 who performs sonography on a focused

imaging target to assess specific and limited information about a patient's immediate

medical condition or to provide real-time visual guidance for another procedure.

6. Medical imaging performed as a part of a post-mortem examination or on other

nonliving remains.

7. Medical imaging performed by emergency medical services personnel certified or

licensed under section 23-27-04.3.
N.D. Cent. Code § 43-10-06 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-06
43-10-06. Duty of board to adopt rules to prevent the spread of contagious diseases
Status: in_force

43-10-06. Duty of board to adopt rules to prevent the spread of contagious diseases

The board shall adopt such rules as it deems proper for the disinfection of a deceased

person and of bedding, clothing, apartments, or anything likely to be infected in case of death

from a contagious or infectious disease. The rules must be disclosed to every person engaged

in embalming and funeral service in this state.
N.D. Cent. Code § 43-44-10.1 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-10.1
43-44-10.1. Qualified supervision
Status: in_force

43-44-10.1. Qualified supervision

1. A qualified supervisor must be licensed in this state if supervising an applicant

providing medical nutrition therapy to an individual in this state. A qualified supervisor

who obtained a doctoral degree outside the United States must have a degree

validated by the board as equivalent to the doctoral degree conferred by a United

States regionally accredited college or university.

2. The board may adopt rules as necessary and appropriate to implement or clarify

onsite supervision.
N.D. Cent. Code § 43-60-06.1 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-06.1
43-60-06.1. Criminal history record checks
Status: in_force

43-60-06.1. Criminal history record checks

The board may require an applicant for licensure or a licensee who is the subject of a

disciplinary investigation to submit to a statewide and nationwide criminal history record check.

The nationwide criminal history record check must be conducted in the manner provided by

section 12-60-24. All costs associated with the criminal history record check are the

responsibility of the licensee or applicant.
N.D. Cent. Code § 43-23.1-02 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-02
43-23.1-02. Definitions
Status: in_force

43-23.1-02. Definitions

When used in this chapter, unless the context otherwise requires:

1. "Commission" means the state real estate commission.

2. "Disposition" includes sale, lease, assignment, award by lottery, or any other

transaction concerning a subdivision, if undertaken for gain or profit.

3. "Offer" includes any inducement, solicitation, or attempt to encourage a person to

acquire an interest in land, if undertaken for gain or profit.

4. "Person" means an individual, corporation, limited liability company, government, or

governmental subdivision or agency, business trust, estate, trust, partnership,

unincorporated association, two or more of any of the foregoing having a joint or

common interest, or any other legal or commercial entity.

5. "Purchaser" means a person who acquires or attempts to acquire or succeeds to an

interest in land.

6. "Subdivider" means any owner of subdivided land who offers it for disposition or the

principal agent of an inactive owner.

7. "Subdivision" and "subdivided lands" means any land situated outside the state of

North Dakota which is divided or is proposed to be divided for the purpose of

disposition into five or more lots, parcels, units, or interests and also includes any land,

whether contiguous or not, if five or more lots, parcels, units, or interests are offered as

a part of a common promotional plan of advertising and sale.
N.D. Cent. Code § 43-15.3-02 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-02
43-15.3-02. Rulemaking authority
Status: in_force

43-15.3-02. Rulemaking authority

The board shall adopt rules that conform with wholesale distributor licensing guidelines

adopted by the federal food and drug administration, including rules necessary to carry out the

purposes of this chapter, that incorporate and set detailed standards for meeting each of the

license prerequisites set forth in this chapter, and that establish reasonable fees to carry out this

chapter.
N.D. Cent. Code § 43-06-05 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-05
43-06-05. Meetings of board - When held - Place of meeting - Quorum - Officers - Seal - Compensation - Expenses - How paid
Status: in_force

43-06-05. Meetings of board - When held - Place of meeting - Quorum - Officers -

Seal - Compensation - Expenses - How paid.

The board shall hold regular meetings twice yearly at approximate six-month intervals and

such special meetings as the board may deem necessary. The meetings must be held at such

places as the board may designate. Four members of the board constitute a quorum. At the first

meeting of the board of each calendar year, the members of the board shall elect from their

membership a president, vice president, and secretary-treasurer. Each shall hold office for one

year and until a successor is elected and qualified. The board shall have a seal and may adopt

appropriate rules necessary to carry out the provisions of this chapter. A member of the board

shall receive compensation in an amount to be fixed by regulation of the board for each day or

portion of a day spent in the discharge of duties, such mileage as is provided by section

54-06-09, and must be reimbursed for actual and necessary expenses incurred in the discharge

of official duties in accordance with section 44-08-04. In addition to the compensation,

expenses, and mileage, the secretary-treasurer of the board is entitled to receive such salary as

must be fixed by a resolution of the board adopted at a regular meeting.
N.D. Cent. Code § 43-38-03 — ND Code / Title 43 / Chapter 43-38 / Section 43-38-03
43-38-03. Rulemaking authority of department of health and human services
Status: in_force

43-38-03. Rulemaking authority of department of health and human services

1. The department shall establish standards, rules, and regulations that are found

necessary for the maintenance of public health, including sanitation and disease

control. The department has the following powers:

a. To establish minimum age levels.

b. To establish education and training levels for electrologists and electronic hair

removal technicians.

c. To issue, deny, suspend, or revoke licenses.

d. To develop application and licensure forms.

e. To promulgate such requirements as may be found necessary to carry out the

intent of this chapter.

2. All electrologists and electronic hair removal technicians practicing in North Dakota

prior to July 1, 1979, may, without examination, be issued a license by the department

upon proof, satisfactory to the department, of having met the qualifications.
N.D. Cent. Code § 43-06-10.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-10.1
43-06-10.1. National board examination
Status: in_force

43-06-10.1. National board examination

The board shall accept all parts of the national board examination, or its successor or

equivalent, providing all other requirements are met.
N.D. Cent. Code § 43-17-25 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-25
43-17-25. Application fee
Status: in_force

43-17-25. Application fee

The fee for any individual seeking licensure or renewal in the state must be fixed by

regulation of the board. All fees must be paid to and held by the executive director of the board

and are subject to disbursement by the board in performing its duties.
N.D. Cent. Code § 43-39-07 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-07
43-39-07. Initial license
Status: repealed

43-39-07. Initial license

Repealed by S.L. 2013, ch. 332, § 6.
N.D. Cent. Code § 43-64-01 — ND Code / Title 43 / Chapter 43-64 / Section 43-64-01
43-64-01. Definitions
Status: in_force

43-64-01. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Board" means the state board of integrative health care created under chapter 43-57.

2. "Licensed assistant behavior analyst" means an individual who is licensed under this

chapter as a licensed assistant behavior analyst and is supervised by a licensed

behavior analyst.

3. "Licensed behavior analyst" means an individual licensed under this chapter as a

licensed behavior analyst.

4. "Practice of applied behavior analysis" means the design, implementation, and

evaluation of instructional and environmental modifications to produce socially

significant improvements in human behavior. The term includes the empirical

identification of functional relations between behavior and environmental factors. The

term does not include the diagnosis of disorders, psychological testing, psychotherapy,

cognitive therapy, psychoanalysis, and counseling.
N.D. Cent. Code § 43-17.1-07 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-07
43-17.1-07. Expanded jurisdiction of the board
Status: repealed

43-17.1-07. Expanded jurisdiction of the board

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-23.1-14 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-14
43-23.1-14. Orders
Status: in_force

43-23.1-14. Orders

1. The commission may issue an order requiring a person to cease and desist from the

unlawful practice and to take such affirmative action as in the judgment of the

commission will carry out the purposes of this chapter if the commission determines

after notice and hearing that a person has:

a. Violated any provision of this chapter;

b. Directly or through an agent or employee knowingly engaged in any false,

deceptive, or misleading advertising, promotional, or sales methods to offer or

dispose of an interest in subdivided lands;

c. Made any substantial change in the plan of disposition and development of the

subdivided lands after the order of registration without obtaining prior written

approval from the commission;

d. Disposed of any subdivided lands that have not been registered with the

commission; or

e. Violated any lawful order or rule or regulation of the commission.

2. If the commission makes a finding of fact in writing that the public interest will be

irreparably harmed by delay in issuing an order, the commission may commence an

action in the district court of the county in which the act or practice occurred for an

injunction to enforce compliance with this chapter. The commission is not required to

give any bond for commencing this action. Upon a showing of a violation the district

court may enjoin the act or practice and may make any order necessary to conserve,

protect, and disburse any funds involved.
N.D. Cent. Code § 43-15.3-07 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-07
43-15.3-07. Order to cease distribution
Status: in_force

43-15.3-07. Order to cease distribution

1. The board shall issue an order requiring the appropriate person, including the

distributors or retailers of the drug, gas, or equipment to immediately cease distribution

of the drug, gas, or equipment within the state if the board finds there is a reasonable

probability:

a. A wholesale distributor, other than a manufacturer, has violated a provision in this

chapter or falsified a pedigree or sold, distributed, transferred, manufactured,

repackaged, handled, or held a counterfeit prescription drug, medical gas, or

medical equipment intended for human use;

b. The prescription drug, medical gas, or medical equipment at issue as a result of a

violation in subdivision a could cause serious, adverse health consequences or

death; and

c. Other procedures would result in unreasonable delay.

2. An order under subsection 1 must provide the individual subject to the order with an

opportunity for an informal hearing, to be held not later than ten days after the date of

the issuance of the order, on the actions required by the order. If, after providing an

opportunity for such a hearing, the board determines that inadequate grounds exist to

support the actions required by the order, the board shall vacate the order.
N.D. Cent. Code § 43-33-14 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-14
43-33-14. Powers and duties of board
Status: in_force

43-33-14. Powers and duties of board

The board shall:

1. Authorize all disbursements and collect fees necessary to carry out this chapter.

2. Supervise issuance of licenses and prepare and administer qualifying examinations to

test the knowledge and proficiency of applicants licensed by examination.

3. Register persons who apply to the board and who are qualified to engage in the fitting

and sale of hearing instruments.

4. Issue and renew licenses.

5. Suspend or revoke licenses.

6. Designate the time and place for examining applicants.

7. Appoint representatives to conduct or supervise the examination.

8. Adopt rules not inconsistent with the laws of this state which are necessary to carry out

this chapter.

9. Appoint or employ subordinate employees.

10. At the board's discretion, provide funds to assist in providing continuing education for

licensees.
N.D. Cent. Code § 43-18-25 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-25
43-18-25. Injunction
Status: in_force

43-18-25. Injunction

In addition to the criminal penalty provided in section 43-18-24, the civil remedy of injunction

is available to plumbing inspectors to restrain and enjoin violations of any provisions of this

chapter. Any person claiming to be injured in person or property because of violations of this

chapter may bring a civil action for damages.
N.D. Cent. Code § 43-03-05 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-05
43-03-05. Meetings of board - Officers elected
Status: in_force

43-03-05. Meetings of board - Officers elected

1. The board shall hold regular meetings at least once each year, with the date and

location set by the board. The board may meet as designated by a majority of the

board. The board shall select from among its members a president and a

secretary-treasurer.

2. The board may:

a. Administer an oath;

b. Take an affidavit;

c. Summon a witness;

d. Take testimony as to matters coming within the scope of the board's duties;

e. Enter an interstate or intrastate agreement or association with other boards of

licensure for the purpose of establishing reciprocity, developing examinations,

evaluating applicants, or other activities to enhance the services of the board to

the state, the registrant, or the public; and

f. Appoint or contract an executive director and any other individual the board

determines is necessary to administer the affairs of the board.

3. The board shall:

a. Adopt a seal to be affixed to each certificate of registration issued by the board;

b. Issue certificates of registration to qualified applicants; and

c. Adopt rules in accordance with chapter 28-32.

4. The secretary-treasurer shall keep a record of the proceedings of the board.
N.D. Cent. Code § 43-45-07.4 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-07.4
43-45-07.4. Licensed clinical addiction counselor
Status: in_force

43-45-07.4. Licensed clinical addiction counselor

1. Under section 43-45-05.1, the board shall issue an initial license as a licensed clinical

addiction counselor to a qualified applicant who:

a. Applies for licensure under this section before January 1, 2024;

b. On December 31, 2018, was licensed in this state as an addiction counselor; and

c. Completed ten thousand hours of full-time clinical experience as a licensed

addiction counselor.

2. The scope of practice of a licensed clinical addiction counselor is the same as the

scope of practice of a masters addiction counselor.
N.D. Cent. Code § 43-29-01.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-01.1
43-29-01.1. Definitions
Status: in_force

43-29-01.1. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Accepted livestock management practice" means a procedure that is commonly

performed as part of the routine management of livestock which includes vaccination,

implantation of growth hormones, branding, castration, dehorning, docking,

earmarking, semen collection, nonsurgical artificial insemination, and assisting in a

nonsurgical birthing process.

2. "Animal" means a member of the animal kingdom other than a human being whether

living or dead.

3. "Approved college of veterinary medicine" means a veterinary college or division of a

university or college which offers the degree of doctor of veterinary medicine or its

equivalent and which conforms to the standards required for accreditation by an

accrediting entity approved by the board, if the entity is nationally recognized and

develops and maintains accreditation standards for veterinary education.

4. "Approved program in veterinary technology" means any postsecondary educational

program that offers a degree in veterinary technology or its equivalent and has been

approved by the board by rule.

5. "Board" means the board of veterinary medical examiners.

6. "Client" means the patient's owner, owner's agent, or other individual presenting the

patient for care.

7. "Complementary, integrative, and alternative therapies" means a heterogeneous group

of preventative, diagnostic, and therapeutic philosophies and practices not considered

part of conventional veterinary medicine practiced by most veterinarians.

8. "Consent" means the veterinarian has informed the client of the diagnostic and

treatment options, risk assessment, and prognosis, and the client has authorized the

recommended services.

9. "Consultation" means advice or assistance received by a veterinarian in person, or by

any method of communication, from a veterinarian or other individual whose expertise,

in the opinion of the veterinarian, would benefit a patient.

10. "Direct supervision" means supervision by a veterinarian who is readily available on

the premises where the patient is being treated and has assumed responsibility for the

veterinary care given to the patient by an individual working under the direction of the

veterinarian.

11. "Foreign practitioner" has the same meaning as defined under section 43-51-01.

12. "Immediate supervision" means supervision by a veterinarian who is in the immediate

area and within audible and visual range of the patient and the individual treating the

patient and has assumed responsibility for the veterinary care given to the patient by

an individual working under the direction of the veterinarian.

13. "Impaired veterinarian" means a veterinarian who is unable to practice veterinary

medicine with reasonable skill and safety because of a physical or mental disability or

the use of alcohol, drugs, or other habit-forming chemicals.

14. "Impaired veterinary technician" means a veterinary technician who is unable to

practice veterinary technology with reasonable skill and safety because of a physical

or mental disability or the use of alcohol, drugs, or other habit-forming chemicals.

15. "Indirect supervision" means the supervision by a veterinarian who is not on the

premises where the patient is being treated but has given written or oral instructions

for the treatment of the patient, is readily available for communication, and has

assumed responsibility for the veterinary care given to the patient by an individual

working under the direction of the veterinarian.

16. "Jurisdiction" means any commonwealth, state, or territory of the United States of

America, including the District of Columbia, or any province of Canada.

17. "Patient" means an animal or group of animals examined or treated by a veterinarian.

18. "Practice of veterinary medicine" means the:

a. Diagnosis, prognosis, correction, supervision, recommendation, or performance

of any medical or surgical treatment, including complementary, integrative or

alternative therapies, for the diagnosis, prevention, cure, or relief of a wound,

disease, deformity, defect, fracture, bodily injury, dental, physical, behavioral, or

mental condition of an animal;

b. Prescription, distribution, or administration of a drug, medicine, anesthetic,

biologic, appliance, apparatus, application, or treatment to an animal;

c. Provision of any manual or mechanical procedure for the diagnosis or treatment

of pregnancy, sterility, or infertility of an animal;

d. Determination of the health, fitness, or soundness of an animal;

e. Representation of oneself, directly or indirectly, as engaging in the practice of

veterinary medicine; or

f. Use of any title, word, abbreviation, or letter in a manner or under circumstances

that induce the belief that the individual using such title is authorized to practice

veterinary medicine under this chapter.

19. a. "Practice of veterinary technology" means the:

(1) Provision of professional medical care, monitoring, or treatment on the basis

of written or oral instructions from a veterinarian;

(2) Representation of oneself, directly or indirectly, as engaging in the practice

of veterinary technology; or

(3) Use of any title, word, abbreviation, or letter in a manner or under

circumstances inducing the belief the individual using such title is authorized

to practice veterinary technology under this chapter.

b. This section may not be construed to permit a veterinary technician to do the

following:

(1) Surgery, except when acting as a surgical assistant to a veterinarian;

(2) Diagnose;

(3) Prognose; or

(4) Prescribe.

20. "State board examination" means the jurisprudence examination administered by the

board.

21. "Supervising veterinarian" means a veterinarian who has a valid veterinarian-client-

patient relationship and assumes responsibility for the veterinary care provided to the

patient by an individual working under the direction of the veterinarian.

22. "Teleadvice" means the provision of any health information, opinion, or guidance that

is not specific to a particular animal's health, illness, or injury and is not intended to

diagnose, prognose, or treat an animal.

23. "Telehealth" means the use of technology to gather and deliver health information,

advice, education, or patient care remotely.

24. "Teletriage" means electronic communication with the client to determine urgency and

need for immediate referral to a veterinarian.

25. "Veterinarian" means an individual who is licensed to practice veterinary medicine

under this chapter.

26. "Veterinarian-client-patient relationship" means a relationship in which the veterinarian

has assumed responsibility for making medical judgments regarding the health of a

patient and the client has agreed to follow the instructions of the veterinarian.

27. "Veterinary medicine" includes all branches or specialties of veterinary medicine.

28. "Veterinary premises" means any premises or facility where the practice of veterinary

medicine is performed but may not include the premises of a client, research facility,

military base, or an approved college of veterinary medicine.

29. "Veterinary technician" means an individual who is licensed to practice veterinary

technology under this chapter.

30. "Veterinary technology" includes all branches or specialties of veterinary technology.

31. "Veterinary telemedicine" means the virtual practice of veterinary medicine over the

telecommunications infrastructure.
N.D. Cent. Code § 43-11-13 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-13
43-11-13. License required
Status: in_force

43-11-13. License required

An individual may not:

1. Advertise, engage in, or attempt to engage in the practice of cosmetology, esthetics,

advanced esthetics, or manicuring, or conduct an establishment or school of

cosmetology unless having first obtained the proper license.

2. Employ an unlicensed individual to perform cosmetology unless otherwise provided

under this chapter.
N.D. Cent. Code § 43-29.1-03 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-03
43-29.1-03. Veterinarian selection criteria - Eligibility for loan repayment
Status: in_force

43-29.1-03. Veterinarian selection criteria - Eligibility for loan repayment

1. In establishing the criteria regarding eligibility for loan repayment funds under this

chapter, the department of health and human services shall consider the applicant's:

a. Training in food animal veterinary medicine, ability, willingness to engage in food

animal veterinary medicine, and the extent to which such services are needed in

a selected community;

b. Commitment to serve in a community that is in need of a veterinarian;

c. Compatibility with a selected community;

d. Date of availability for service to the selected community; and

e. Competence and professional conduct.

2. An applicant selected to receive loan repayment funds under this chapter:

a. Must have graduated from an accredited college of veterinary medicine;

b. Must be licensed to practice veterinary medicine in this state; and

c. Must be employed full-time in the private practice of veterinary medicine.

3. A selected applicant shall contract to provide full-time veterinary medicine services for

two, three, or four years in one or more selected communities.
N.D. Cent. Code § 43-30-10 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-10
43-30-10. Penalty - Injunction - Unlicensed activity
Status: in_force

43-30-10. Penalty - Injunction - Unlicensed activity

Any person who violates this chapter or rules adopted under this chapter, or any person

who provides a private investigative service or private security service without a current license

issued by the board, or falsely states or represents that the person has been or is an

investigative officer or employed by an investigative or security officer or agency is guilty of a

class B misdemeanor. In addition to the criminal penalties provided, the civil remedy of an

injunction is available to restrain and enjoin violations of any provisions of this chapter, without

proof of actual damages sustained by any person. An injunction does not preclude criminal

prosecution and punishment of a violator. The board is not liable for the lost income, costs, or

any other expenses that may be incurred by a person against whom an injunction is sought, and

the board may not be required to provide security or a bond. The board may seek costs for

reimbursement of expenses for obtaining an injunction, including attorney's fees. In addition to

issuing the injunction, the court may impose an administrative fee consistent with section

43-30-10.1 if the person has violated a provision of this chapter. The board may seek an

injunction, impose administrative fees, or seek an order of abatement through an administrative

action or in district court.
N.D. Cent. Code § 43-36-14 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-14
43-36-14. Application for registration
Status: in_force

43-36-14. Application for registration

Application for registration as a professional soil classifier and for certification as a soil

classifier-in-training must be on a form prescribed and furnished by the board, must contain

statements made under oath showing the applicant's education, a detailed summary of the

applicant's experience, and references as required by this chapter and must be accompanied by

an application fee established by the board of not less than fifty nor more than two hundred

dollars. If the national test is administered, the amount may not exceed five hundred dollars.
N.D. Cent. Code § 43-33-08 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-08
43-33-08. Temporary trainee permit
Status: in_force

43-33-08. Temporary trainee permit

1. An applicant who fulfills the requirements regarding age, character, education, and

health as set forth in section 43-33-07 may obtain a trainee permit upon application to

the board. Previous experience or a waiting period may not be required to obtain a

trainee permit.

2. Upon receiving an application accompanied by a fee as established by the board, the

board shall issue a trainee permit that permits the applicant to engage in the training of

fitting and sale of hearing instruments for a period of one year under the direct

supervision of a licensee. The trainee shall train in the same place of business as that

of the supervisor and must complete at least thirty hours of book and visual aid training

and at least ten hours of training with an audiometer, as well as a minimum of one

week with the supervisor before the trainee's first public contact alone. A trainee may

not deal with the public outside the supervisor's office or place of business until these

requirements have been fulfilled. After this initial period of training, the trainee must

spend one day per week in the office or place of business with the supervisor. The

trainee may not make any sale of a hearing instrument without first consulting with the

supervisor and obtaining the supervisor's approval for the sale.

3. If a person who holds a temporary trainee permit has not successfully passed the

licensing examination during the one-year period from the date of issuance, the

temporary trainee permit may be renewed or reissued once upon payment of a fee

established by the board.

4. A supervisor may not have more than three trainees under supervision at a time.
N.D. Cent. Code § 43-41-08 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-08
43-41-08. Board of social work examiners - Qualifications - Appointment - Term of office - Compensation
Status: in_force

43-41-08. Board of social work examiners - Qualifications - Appointment - Term of

office - Compensation.

1. The governor shall appoint the North Dakota board of social work examiners, which

must consist of seven members, two of whom must be, at the time of initial

appointment, licensed baccalaureate social workers; one of whom must be, at the time

of initial appointment, a licensed master social worker; two of whom must be, at the

time of initial appointment, a licensed clinical social worker; and two of whom must be

laypersons. Board members must demonstrate no conflict of interest.

2. The term of office of each board member must be for three years with no more than

three members appointed annually. A member may not serve more than two

consecutive terms.

3. The governor may remove any board member for good cause after giving that member

a written statement of the reasons for removal and after that member has had an

opportunity for a hearing.

4. Each member of the board is entitled to receive as compensation a sum not to exceed

the daily compensation of members of the legislative assembly per day for each day

during which the member is engaged in performance of the official duties of the board,

and is entitled to be reimbursed for all reasonable and necessary expenses incurred in

connection with the discharge of the official duties as provided in section 54-06-09.

5. Annually, board members shall elect by a majority vote of the board a chairperson who

shall preside at meetings of the board and a vice chairperson who shall preside at

meetings of the board in the chairperson's absence. A majority of the members of the

board constitutes a quorum.
N.D. Cent. Code § 43-53-11 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-11
43-53-11. Limitations of practice - Divorce proceedings
Status: in_force

43-53-11. Limitations of practice - Divorce proceedings

1. If both parties to a marriage have obtained marriage and family therapy by a licensed

marriage and family therapist, the therapist may not testify in a spousal support or

divorce action concerning information acquired in the course of the therapeutic

relationship. This subsection does not apply to custody actions.

2. There is no monetary liability on the part of and no cause of action may arise against

any licensee in failing to warn of and protect from a patient's threatened violent

behavior or failing to predict and warn of and protect from a patient's violent behavior

except if the patient has communicated to the licensee a serious threat of physical

violence against a reasonably identifiable victim or victims.

3. The duty to warn of or to take reasonable precautions to provide protection from

violent behavior arises only under the limited circumstances specified under

subsection 2. The duty is discharged by the licensee if reasonable efforts are made to

communicate the threat to the victim or victims and to a law enforcement agency.

4. No monetary liability and no cause of action may arise under this chapter against any

licensee for confidences disclosed to third parties in an effort to discharge a duty

arising under subsection 2 according to subsection 3.
N.D. Cent. Code § 43-17.3-02 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-02
43-17.3-02. Physician health program
Status: in_force

43-17.3-02. Physician health program

1. The board may enter an agreement with the physician health program for the program

to undertake those functions and responsibilities specified in the agreement. The

functions and responsibilities of the agreement may include any or all of the following:

a. Contracting with agencies or providers of diagnostic, monitoring, or treatment

services;

b. Receiving and evaluating reports of licensees or students who may be

experiencing potentially impairing conditions;

c. Intervening in cases in which a licensee or student is determined to be in need of

treatment;

d. Referring licensees or students to appropriate services;

e. Monitoring the treatment and aftercare services provided to licensees or students;

f. Educating licensees, students, and the public about the functions of the program

and the program's relationship to the board; and

g. Performing other activities as agreed upon by the board and the physician health

program.

2. The board may participate, through its licensing fees or other specified funds, in the

funding of the physician health program.
N.D. Cent. Code § 43-34-04 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-04
43-34-04. Licensing function
Status: in_force

43-34-04. Licensing function

The board shall license nursing home administrators in accordance with rules and

regulations issued, and from time to time revised by it. A nursing home administrator's license is

not transferable and is valid until surrendered for cancellation or suspended or revoked for

violation of this chapter or any other laws or regulations relating to the proper administration and

management of a nursing home. Any denial of issuance or renewal, suspension, or revocation

under any section of this chapter is subject to review upon the timely request of the licensee and

pursuant to chapter 28-32.
N.D. Cent. Code § 43-03-08 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-08
43-03-08. Board to adopt rules
Status: in_force

43-03-08. Board to adopt rules

The board shall adopt rules:

1. To govern board proceedings.

2. For the examination of candidates for registration.

3. For the regulation of the practice of architecture and landscape architecture.

4. For education requirements of registration applicants.

5. For practical experience requirements of registration applicants.
N.D. Cent. Code § 43-29-07.2 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-07.2
43-29-07.2. Temporary license to practice veterinary medicine
Status: in_force

43-29-07.2. Temporary license to practice veterinary medicine

The board may issue a temporary license to practice veterinary medicine in this state to a

qualified applicant who has met the requirements established by the board.
N.D. Cent. Code § 43-57-07 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-07
43-57-07. License renewal - Continuing education
Status: in_force

43-57-07. License renewal - Continuing education

1. A license is effective when granted by the board.

2. A license issued under chapter 43-59 expires on December thirty-first of every

odd-numbered year. A license issued under chapter 43-61 or 43-64 expires on

December thirty-first of every even-numbered year.

3. A license may be renewed by payment of the renewal fee and completion of any

continuing education requirements set by the board, provided the applicant's license is

not currently revoked or grounds for denial do not exist.

4. If the application for renewal is not received on or before the expiration date, the

license expires and the individual may not practice until a new application is made and

a license is granted by the board.

5. At the time of renewal, the board shall require each applicant to present satisfactory

evidence that the applicant has completed any continuing education requirements

specified by the board.

6. If a license has not been renewed as a result of nonpayment of the renewal fee or the

failure of the licensee to present satisfactory evidence of completion of any continuing

education requirements, the licensee must reapply for licensure.

7. The board may extend the renewal deadline for an applicant having proof of medical

or other hardship rendering the applicant unable to meet the renewal deadline.
N.D. Cent. Code § 43-05-01 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-01
43-05-01. Definitions
Status: in_force

43-05-01. Definitions

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

1. "Board" means the North Dakota board of podiatric medicine.

2. "Clinical residency" means a formal, structured postdoctoral training program

approved by the board, which is sponsored by and conducted in an accredited

institution approved by the board or conducted by a college of podiatric medicine

accredited and approved by the council on podiatric medical education, American

podiatric medical association, or other accrediting agency approved by the board. The

term also includes a preceptorship approved by the board until January 1, 1995.

3. "False or misleading statement or advertising" includes a statement, claim, or

advertising that:

a. Contains a misrepresentation of fact;

b. Is likely to mislead or deceive because in context it makes only a partial

disclosure of relevant facts;

c. Is intended or is likely to create false or unjustified expectations of favorable

results;

d. Appeals to an individual's anxiety in an excessive or unfair way;

e. Contains material claims of superiority that cannot be substantiated;

f. Misrepresents a podiatrist's credentials, training, experience, or ability;

g. Contains other representations or implications that in reasonable probability will

cause an ordinary, prudent person to misunderstand or be deceived; or

h. Represents that a manifestly incurable condition, sickness, disease, or injury can

be cured.

4. "Health care facility" means a medical hospital, skilled nursing care facility,

intermediate care facility, basic care facility, boarding house, or swing-bed hospital

approved to furnish long-term care service, or any other facility licensed to provide

health care services.

5. "Podiatric medicine" means:

a. The medical and surgical treatment and diagnosis of ailments of the human foot,

ankle, and other related soft tissue structures below the tibial tuberosity that

govern the functions of the foot and ankle, not including extra articular osseous

injuries above the distal metaphyseal scar. Podiatrists may treat and diagnose

conditions of the foot and ankle by any medically accepted system or method

necessary;

b. The amputation of the toes, parts of the foot, or foot in its entirety, indicated as

medically necessary;

c. The use of such preparations, medicines, and drugs as may be necessary for the

treatment of such ailments;

d. The performance of history and physical examinations upon admitting patients to

facilities where they are recognized with requisite credentials and privileges;

e. That podiatrists may function as assistant surgeons in nonpodiatric procedures;

and

f. That podiatric medical residents working under a temporary permit may fully

participate in rotations and assist and perform treatments and diagnosis beyond

the foot and ankle, under appropriate supervision within an approved residency

program as part of their medical surgical training.

6. "Podiatrist" means a person who is qualified to practice podiatric medicine in this state.

7. "Preceptorship" means a formal, structured postdoctoral training program approved by

the board and conducted by a podiatrist primarily in an office setting and controlled

and supervised by a college of podiatric medicine accredited by the council on

podiatric medical education, American podiatric medical association, or another

accrediting agency approved by the board.

8. "Provider" means a licensed person, homecare provider, medical or health services

clinic, hospital, or health care facility, organization, institution, or agency that furnishes

health care services.
N.D. Cent. Code § 43-19.1-22 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-22
43-19.1-22. Expirations and renewals
Status: in_force

43-19.1-22. Expirations and renewals

A certificate of registration expires on December thirty-first of the year of issuance if

registration is on an annual basis and of the year after issuance if issued on a biennial basis and

becomes invalid after that date unless renewed. The executive director for the board shall notify

every registrant under this chapter of the date of the expiration of the registrant's certificate of

registration and the amount of fee required for its renewal. The notice must be mailed or

electronically sent, if the registrant has opted in to receive electronic renewal notices, to the

registrant at the registrant's last-known address or electronic mail address at least one month in

advance of the expiration of the registrant's certificate. Renewal may be effected at any time

before or during the month of December by the payment of a fee as established by the board,

not to exceed the fees established in section 43-19.1-18. Renewal of an expired certificate may

be effected under rules adopted by the board regarding requirements for re-examination and

penalty fees.
N.D. Cent. Code § 43-52-04 — ND Code / Title 43 / Chapter 43-52 / Section 43-52-04
43-52-04. Penalty - Civil penalty
Status: in_force

43-52-04. Penalty - Civil penalty

Any person who violates this chapter 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 a

violation of this chapter without proof of actual damages sustained by any person.
N.D. Cent. Code § 43-17.3-01 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-01
43-17.3-01. Definitions
Status: in_force

43-17.3-01. Definitions

As used in this chapter:

1. "Board" means the North Dakota board of medicine.

2. "Committee or designated agency" means a committee or delegated agency of the

physician health program which is composed of physicians and other professionals

who have expertise in the areas of alcoholism, drug abuse, or mental illness and which

is designated by the physician health program to perform any or all of the activities set

forth in section 43-17.3-02 pursuant to agreement with the board.

3. "Impairment" means the presence of any physical, mental, or behavioral disorder or

pattern of alcohol or substance use which interferes with a licensee's ability to engage

safely in professional activities.

4. "Licensee" means a physician or other health professional under the jurisdiction of the

board, and includes an applicant for licensure or regulation by the board and former

licensees of the board.

5. "Participant" means an individual enrolled in the physician health program.

6. "Physician health program" or "program" means a board-sanctioned program for the

detection, intervention, and monitoring of licensees with conditions that could result in

impairment.

7. "Student" means an individual studying under a medical doctor program or physician

assistant program in this state.

8. "Treatment plan" means a plan of care, rehabilitation, monitoring and maintenance,

followup, or aftercare services or combination of any of these services provided by an

organization or by an individual authorized by the board or the physician health

program to provide such services for a licensee taking part in the physician health

program.
N.D. Cent. Code § 43-03-03 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-03
43-03-03. State board of architecture and landscape architecture - Members - Term of office - How vacancies filled
Status: in_force

43-03-03. State board of architecture and landscape architecture - Members - Term of

office - How vacancies filled.

1. The state board of architecture and landscape architecture consists of five members

appointed by the governor for terms of six years each with terms of office staggered so

no more than one term expires on March fourteenth of each year.

2. The board is composed of three architects, one landscape architect, and one public

member.

3. Each member of the board shall qualify by taking the oath of office required of civil

officers and shall hold office until that member's successor is appointed and qualified,

and any vacancy occurring in the board must be filled by the governor for the

unexpired term.
N.D. Cent. Code § 43-10.1-06.2 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-06.2
43-10.1-06.2. Orders and injunctions
Status: in_force

43-10.1-06.2. Orders and injunctions

Whenever it appears to the commissioner either upon complaint or otherwise, that any

person has engaged in, is engaging in, or is about to engage in any act or practice or

transaction which is prohibited by this chapter or by any order of the commissioner issued

pursuant to any section of this chapter or which is declared to be illegal in this chapter, the

commissioner may:

1. Issue any order, including cease and desist, stop, and suspension orders, which the

commissioner deems necessary or appropriate in the public interest or for the

protection of purchasers. In addition to any other remedy authorized by this chapter,

the commissioner may impose by order and collect a civil penalty in an amount not to

exceed ten thousand dollars for each violation against any person found in an

administrative action to have violated this chapter. The commissioner may bring an

action in district court to recover penalties under this section. Any person aggrieved by

an order issued under this subsection may request a hearing before the commissioner

if the request is made, in writing, within ten days after receipt of the order. The hearing

and any appeal therefrom must be held in accordance with chapter 28-32.

2. Apply to the district court of any county in this state for an injunction restraining such

person and the person's agents, employees, partners, officers, and directors from

continuing such act, practice, or transaction of engaging therein or doing any acts in

furtherance thereof, and for such other and further relief as the facts may warrant. In

any proceeding for an injunction, the commissioner may apply for and on due showing

be entitled to have issued the court's subpoena requiring the appearance forthwith of

any defendant and the defendant's agents, employees, partners, officers, or directors,

and the production of such documents, books, and records as may appear necessary

for the hearing upon the petition for an injunction. Upon proof of any of the offenses

described in this section, the court may grant such injunction as the facts may warrant.

The court may not require the commissioner to post a bond.
N.D. Cent. Code § 43-28-21 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-21
43-28-21. Determination - Order - Appeal and review
Status: repealed

43-28-21. Determination - Order - Appeal and review

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-18.2-09 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-09
43-18.2-09. License renewal fees
Status: in_force

43-18.2-09. License renewal fees

The license renewal fee for a sewer and water contractor after the first year of licensure

may not exceed one hundred dollars per year, and the license renewal fee for a sewer and

water installer after the first year of licensure may not exceed twenty-five dollars per year. The

license renewal fee for a sewer and water installer apprentice after the first two years of

licensure is twenty-five dollars.
N.D. Cent. Code § 43-41-05.1 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-05.1
43-41-05.1. Electronic social work services
Status: in_force

43-41-05.1. Electronic social work services

1. The practice of social work in this state through electronic social work services or other

means, regardless of the location of the practitioner, constitutes the practice of social

work and is subject to this chapter.

2. The practice of social work by a practitioner in this jurisdiction through electronic social

work services or other means, regardless of the location of the client, constitutes the

practice of social work and is subject to this chapter.

3. A social worker providing electronic social work services shall take all necessary

measures to ensure compliance with relevant practice standards as established by the

board.
N.D. Cent. Code § 43-30-03 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-03
43-30-03. Private investigative and security board
Status: in_force

43-30-03. Private investigative and security board

The governor shall appoint a private investigative and security board. The board must

consist of not fewer than five nor more than eleven members appointed for staggered four-year

terms. When making appointments, the governor shall consider whether there is member

representation from the western, central, and eastern geographic regions of the state. Each

member of the board must be knowledgeable in private investigative or private security matters.

A majority of the members of the board must be actively engaged in the private investigative or

security profession, with at least one member actively engaged in law enforcement. Members of

the board may not receive compensation for service on the board, but are entitled to receive

reimbursement for expenses incurred in performing official duties in the amounts provided by

law for state employees.
N.D. Cent. Code § 43-23.1-05 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-05
43-23.1-05. Exemptions
Status: in_force

43-23.1-05. Exemptions

1. Unless the method of disposition is adopted for the purpose of evasion of this chapter,

the registration provisions of this chapter do not apply to offers or disposition of an

interest in land:

a. By a purchaser of subdivided lands for the purchaser's own account in a single or

isolated transaction;

b. If fewer than five separate lots, parcels, units, or interests in subdivided lands are

offered by a person in a period of twelve months;

c. To persons who are engaged in the business of construction of buildings for

resale or to persons who acquire an interest in subdivided lands for the purpose

of engaging, and do engage, in the business of construction of buildings for

resale;

d. Pursuant to court order;

e. By any government or government agency; or

f. As cemetery lots or interests.

2. Unless the method of disposition is adopted for the purpose of evasion of this chapter,

the registration provisions of this chapter do not apply to:

a. Offers and dispositions of securities currently registered with the North Dakota

insurance department;

b. A subdivision as to which the plan of disposition is to dispose to ten or fewer

persons; or

c. A subdivision as to which the commission has granted an exemption as provided

in section 43-23.1-11.

3. Unless the method of disposition is adopted for the purpose of evasion of this chapter,

the registration provisions of this chapter do not apply to the sale or lease of any

improved land on which there is a residential, commercial condominium, or industrial

building or the sale or lease of land under a contract obligating the seller or lessor to

erect such a building thereon within a period of two years.
N.D. Cent. Code § 43-39-06 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-06
43-39-06. Issuance of licenses
Status: in_force

43-39-06. Issuance of licenses

1. An applicant for an athletic trainer license must submit an application to the board on

forms prescribed by the board and submit the application fee required.

2. An applicant is entitled to an athletic trainer license if the applicant possesses the

qualifications set forth in this chapter, satisfactorily meets approval by the board of

athletic trainers, pays the license fee, and has not committed an act which constitutes

grounds for denial of a license.
N.D. Cent. Code § 43-04-23 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-23
43-04-23. Qualifications for certificate of registration as registered apprentice
Status: repealed

43-04-23. Qualifications for certificate of registration as registered apprentice

Repealed by S.L. 2017, ch. 285, § 10.
N.D. Cent. Code § 43-30-09 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-09
43-30-09. Detective agency license
Status: in_force

43-30-09. Detective agency license

The board may establish by rule the procedures to be followed by a private investigator to

operate a detective agency.
N.D. Cent. Code § 43-18.2-05 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-05
43-18.2-05. Out-of-state applicants
Status: in_force

43-18.2-05. Out-of-state applicants

An applicant for a sewer and water contractor's license or a sewer and water installer's

license from out of state may take the examination upon showing by affidavits that the applicant

has experience in the state in which the applicant is licensed. This experience must be the

same as is required of applicants from this state. The board shall provide applicants with

application forms and affidavit forms necessary to comply with this section. The

secretary-treasurer of the board shall investigate the validity of the affidavits. A rejected

application must be treated as an adjudicative proceeding.
N.D. Cent. Code § 43-23.1-17 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-17
43-23.1-17. Real estate license required
Status: in_force

43-23.1-17. Real estate license required

No real estate broker, salesperson, or mortgage broker may offer or dispose of subdivided

lands within or from this state, except in dispositions and transactions exempt under section

43-23.1-05, unless said real estate broker, salesperson, or mortgage broker is licensed pursuant

to chapter 43-23.
N.D. Cent. Code § 43-30-16 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-16
43-30-16. Examination, license, and registration fees
Status: in_force

43-30-16. Examination, license, and registration fees

The board may charge the following fees:

1. The fee to be paid by an applicant for an examination to determine the applicant's

fitness to receive a license as a private investigator or a license to provide private

security services is one hundred fifty dollars.

2. The fee to be paid by an applicant for the initial issuance or the renewal of a license as

a private investigator or a license to provide private security services is two hundred

twenty-five dollars. A late fee of seventy-five dollars may be charged for each month

the renewal fee is due and unpaid.

3. The fee to be paid by an applicant to apply for a license to conduct a private security

or detective agency is one hundred fifty dollars.

4. The fee for the issuance or the renewal of a license to conduct a private security or

detective agency is four hundred fifty dollars. A late fee of one hundred fifty dollars

may be charged for each month the renewal fee is due and unpaid.

5. The initial fee to be paid by an applicant for the issuance of a private security training

certificate is forty dollars. The fee for the renewal of a private security training

certificate is forty dollars. A late fee of fifteen dollars may be charged for each month

the renewal fee is due and unpaid.

6. The annual fee to be paid by an applicant for the issuance of an armed certificate is

forty-five dollars. A late fee of fifteen dollars may be charged for each month the

renewal fee is due and unpaid.

7. The fee to be paid for the issuance of a duplicate license is thirty dollars.

8. The initial registration fee to provide private investigative service or private security

service is forty-five dollars. The fee for the renewal of a registration to provide private

investigative service or private security service is forty-five dollars. A late fee of fifteen

dollars may be charged for each month the renewal fee is due and unpaid.

9. The initial application fee for a certified course instructor for an armed first responder

training certification is six hundred dollars. A fee for renewal of a course instructor

certification for an armed first responder program is four hundred fifty dollars.

10. The application fee for a non-live remote or online classroom instruction course for

apprentice security officers may not exceed sixty dollars.

11. The fee for the renewal of all nonlicensed officers and owners of at least a ten percent

interest in a private security or detective agency may not exceed sixty dollars. A late

fee not to exceed twenty dollars may be charged for each month the renewal fee is

due and unpaid.
N.D. Cent. Code § 43-23-03 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-03
43-23-03. Commission office - Executive director
Status: in_force

43-23-03. Commission office - Executive director

The commission shall employ an executive director who shall furnish bond as required by

the commission and who shall keep a record of all proceedings, transactions, communications,

and official acts of the commission, and who is custodian of all moneys received for licenses

which the executive director, shall deposit for safekeeping in depositories designated by the

commission. The executive director is the custodian of all records of the commission and shall

perform such other duties as the commission may require. The commission may fix the salary of

the executive director, employ other employees as may be necessary to properly carry out the

provisions of this chapter, fix salaries and prescribe duties of employees, and make other

expenditures as necessary to carry out the provisions of this chapter. The commission shall

meet annually and upon call by the executive director upon a written request of three or more

members of the commission. The location of the office of the executive director must be at such

places within the state as the commission may designate. The commission shall maintain all

files, records, and property of the commission at the office of the executive director.
N.D. Cent. Code § 43-15-04 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-04
43-15-04. State board of pharmacy - Term of office - Vacancies
Status: in_force

43-15-04. State board of pharmacy - Term of office - Vacancies

The members of the board must be appointed for terms of five years each, with the terms of

office so arranged that one term only expires on the eighth day of May of each year. Each

member of the board shall qualify by taking the oath required of civil officers and shall hold office

until a successor is appointed and qualified. The governor shall fill any vacancy by appointment

for the unexpired term.
N.D. Cent. Code § 43-10-05 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-05
43-10-05. Power of board to adopt rules for transaction of business - Seal - License fees
Status: in_force

43-10-05. Power of board to adopt rules for transaction of business - Seal - License

fees.

The board may:

1. Adopt rules to administer and carry out this chapter.

2. Adopt rules regulating the practice, supervision, and instruction of intern embalmers.

3. Adopt rules relating to the professional conduct of funeral directors and intern

embalmers.

4. Adopt such rules for the transaction of its business and the management of its affairs

as it deems expedient and proper to administer this chapter.

5. Adopt and use a seal.

6. Adopt rules requiring each funeral home, at the time of selection of merchandise and

services from that funeral home, to disclose in writing to the person or persons making

the selection:

a. The total price at retail of the merchandise and services selected and a listing of

what merchandise and services are included within such total.

b. The price at retail of each item of supplemental service or merchandise

requested.

c. The amount of cash advances to the extent that the advances are known or can

be ascertained at the time of the selection.

d. The terms of payment for merchandise and services.

7. Establish license and renewal fees for funeral service practitioners and funeral

establishments within the limits imposed by this chapter.

8. Adopt rules regulating the operation of funeral establishments and crematoriums.

9. Appoint or employ persons to assist the board in carrying out its duties under this

chapter.

10. Accept and investigate complaints relating to conduct governed by this chapter.

11. Issue subpoenas, examine witnesses, administer oaths, and investigate allegations of

practices violating the provisions of this chapter.
N.D. Cent. Code § 43-01-15 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-15
43-01-15. Authority and duty of abstracter under certificate
Status: in_force

43-01-15. Authority and duty of abstracter under certificate

The certificate of authority shall authorize the person, firm, corporation, or limited liability

company named therein to engage in and carry on the business of an abstracter of real estate

titles in the county in which the abstracter's place of business is located and for that purpose to

have access during ordinary office hours to the offices of any county or of the state and to make

such memoranda or notations from the records thereof as may be necessary for the purpose of

making such abstracts of title. Any person, firm, corporation, or limited liability company holding

a certificate shall furnish or continue an abstract of title to any tract of land in the county, when

requested to do so, on payment of the fees provided in this chapter.
N.D. Cent. Code § 43-15.1-10 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-10
43-15.1-10. Judicial enforcement
Status: in_force

43-15.1-10. Judicial enforcement

Upon proper application by the board, a court of competent jurisdiction may grant an

injunction, restraining order, or other order as may be appropriate to enjoin a person from

offering to engage or engaging in the performance of any acts or practices for which a certificate

of registration or authority, permit, or license is required by any applicable state law, including

this chapter, upon a showing that the acts or practices were or are likely to be performed or

offered to be performed without a certificate of registration or authority, permit, or license. An

action authorized under this section is in addition to and not in lieu of any other penalty provided

by law and may be brought concurrently with other actions to enforce this chapter.
N.D. Cent. Code § 43-23-06.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-06.1
43-23-06.1. Definitions
Status: in_force

43-23-06.1. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Appointed agent" means a licensee appointed by a designated broker of the

licensee's real estate brokerage firm to act solely for a client of that brokerage firm to

the exclusion of other licensees of that brokerage firm.

2. "Client" means a person that has entered a written agency agreement with a real

estate brokerage firm.

3. "Commission" means the North Dakota real estate commission.

4. "Customer" means a buyer, prospective buyer, seller, lessee, or lessor that is not

represented by that real estate brokerage firm in a real property transaction.

5. "Designated broker" means a licensee designated by a real estate brokerage firm to

act on behalf of the brokerage firm.

6. "Dual agency" means a situation in which a real estate brokerage firm or the real

estate brokerage firm's licensees owe a duty to more than one party in a real estate

transaction. Dual agency is established only as follows:

a. When one licensee represents both the buyer and the seller in a real estate

transaction; or

b. When two or more licensees, licensed to the same broker, each represents a

party to the real estate transaction.

"Dual agency" does not exist unless both the seller and the buyer in a real estate

transaction have written agency agreements with the same real estate brokerage firm.

For purposes of "dual agency" a subagency arrangement is not a written agency

agreement.

7. "Licensee" means a real estate broker, an associate real estate broker, or a real estate

salesperson who is associated with a real estate brokerage firm.

8. "Real estate", "real property", "realty", or words of like import, means any interest or

estate in land, including leaseholds, whether such interest or estate is corporeal,

incorporeal, freehold, or nonfreehold, and whether situated in this state or elsewhere;

provided, however, that the meaning as used in this chapter does not include oil, gas,

or mineral leases, nor does it include any other mineral leasehold, mineral estate, or

mineral interest of any nature whatsoever.

9. "Real estate broker", or "broker", means any person that, for another, for a fee,

commission, salary, or other consideration, or with the intention or expectation of

receiving or collecting such compensation from another, engages in or offers or

attempts to engage in, either directly or indirectly by a continuing course of conduct or

by a single act or transaction, any of the following acts:

a. Lists, offers, attempts, or agrees to list real estate or any interest in that real

estate, or any improvements affixed on that real estate for sale, exchange, or

lease.

b. Sells, exchanges, purchases, or leases real estate or any interest in that real

estate, or any improvements affixed on that real estate.

c. Offers to sell, exchange, purchase, or lease real estate or any interest in that real

estate, or any improvements affixed on that real estate.

d. Negotiates or offers, attempts, or agrees to negotiate the sale, exchange,

purchase, or leasing of real estate or any interest in that real estate, or any

improvements affixed on that real estate.

e. Buys, sells, offers to buy or sell, or otherwise deals in options on real estate or

any interest in that real estate, or any improvements on that real estate.

f. Who is a licensee under this chapter and performs any of the acts set out in this

subsection while acting in the licensee's own behalf.

g. Advertises or holds out as being engaged in the business of buying, selling,

exchanging, or leasing of real estate or any interest in that real estate, or any

improvements on that real estate.

h. Assists or directs in the procuring of prospects or refers a prospect, calculated to

result in the sale, exchange, or leasing of real estate or any interest in that real

estate, or any improvements on that real estate. A licensed broker in this state

may divide or share a real estate commission with a licensed broker in another

state if the out-of-state broker does not carry on any of the negotiations on behalf

of the referred client or prospect in this state, either by physically entering the

state or by communicating with the broker electronically or through other means.

i. Publicly markets for sale an equitable interest in a contract for the purchase of

real property between a property owner and a prospective purchaser.

10. "Real estate brokerage firm" means a person that is providing real estate brokerage

services through that person's licensees and which is licensed by the commission as a

real estate brokerage firm.

11. "Real estate salesperson" means any person that for a fee, compensation, salary, or

other consideration, or in the expectation or upon the promise of that compensation, is

employed or engaged by a licensed real estate broker to do any act or deal in any

transaction as provided in subsection 9 for or on behalf of such licensed real estate

broker.
N.D. Cent. Code § 43-02.2-09 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-09
43-02.2-09. Enforcement against licensees
Status: in_force

43-02.2-09. Enforcement against licensees

1. The board may revoke any certificate, license, practice privilege, or permit issued

under this chapter or corresponding provisions of prior law; suspend any such

certificate, license, practice privilege, or permit or refuse to renew any such certificate,

license, practice privilege, or permit for a period of not more than five years;

reprimand, censure, or limit the scope of practice of any licensee or holder of a

practice privilege; impose an administrative fine not exceeding one thousand dollars;

or place any licensee or holder of a practice privilege on probation, all with or without

terms, conditions, and limitations, for any one or more of the following reasons:

a. Fraud or deceit in obtaining a certificate, license, practice privilege, or permit;

b. Cancellation, revocation, suspension, or refusal to renew a certificate, license,

practice privilege, or permit in any other state or jurisdiction for any cause;

c. Failure, on the part of a holder of a certificate, license, practice privilege, or

permit, to maintain compliance with the requirements for issuance or renewal of

such certificate, license, practice privilege, or permit or to report changes to the

board under section 43-02.2-04, 43-02.2-06, or 43-02.2-07;

d. Revocation or suspension of the right to practice before any state or federal

agency;

e. Dishonesty, fraud, or gross negligence in the performance of services as a

licensee or in the filing or failure to file the licensee's own income tax returns;

f. Violation of any provision of this chapter or rule adopted by the board under this

chapter;

g. Violation of any rule of conduct adopted by the board under section 43-02.2-03;

h. Conviction of a felony, or of any crime an element of which is dishonesty or fraud,

under the laws of the United States, of this state, or of any other state if the acts

involved would have constituted a crime under the laws of this state;

i. Performance of any fraudulent act while holding a certificate, license, practice

privilege, or permit issued under this chapter or prior law;

j. Any conduct reflecting adversely upon the licensee's fitness to perform services

while a licensee; and

k. Making any false or misleading statement or verification, in support of an

application for a certificate, license, or permit filed by another.

2. In lieu of or in addition to any remedy specifically provided in subsection 1, the board

may require of a licensee either or both of the following:

a. A practice review conducted as the board specifies.

b. Satisfactory completion of continuing education programs the board specifies.

3. In any proceeding in which a remedy provided by subsection 1 or 2 is imposed, the

board may require the respondent licensee to pay the costs of the proceeding.

4. A hearing regarding a disciplinary action or denial of a license must be held pursuant

to chapter 28-32.
N.D. Cent. Code § 43-48-06 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-06
43-48-06. Fees
Status: in_force

43-48-06. Fees

The board shall set by rule the applicable licensure fee for those persons subject to this

chapter, including the initial fee, license fee, late renewal fees, and limited permit fees. These

fees must be set in such reasonable amount as to reimburse the board for the cost of its

services.
N.D. Cent. Code § 43-54-04 — ND Code / Title 43 / Chapter 43-54 / Section 43-54-04
43-54-04. Exceptions to registration requirements
Status: in_force

43-54-04. Exceptions to registration requirements

The registration requirements of this chapter do not apply to:

1. An individual employed as a code enforcement official by the state or a political

subdivision when acting within the scope of that employment.

2. An individual licensed, certified, or registered under this title when acting within the

scope of practice of that individual's profession or occupation.

3. An individual engaged as an insurance adjuster when acting within the scope of that

engagement.
N.D. Cent. Code § 43-10.1-04 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-04
43-10.1-04. Bond
Status: in_force

43-10.1-04. Bond

Each owner or operator of a licensed funeral establishment or cemetery association, who

files an annual report, must file with the commissioner a corporate surety bond approved by the

commissioner in an amount deemed adequate by the commissioner running to the state of

North Dakota. The bond must be in such form and style as the commissioner may require for

the use and benefit of the purchasers or persons making payments upon pre-need funeral

service contracts or their estates, or the beneficiary of the pre-need funeral service contract or

the beneficiary's estate for damages suffered by them because of the failure to comply with all

provisions of the pre-need funeral service contract or the provisions of this chapter.
N.D. Cent. Code § 43-29-06 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-06
43-29-06. License required
Status: in_force

43-29-06. License required

An individual must have a license or temporary license issued by the board to practice

veterinary medicine or veterinary technology.
N.D. Cent. Code § 43-28-08 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-08
43-28-08. Records of board - Use as evidence
Status: in_force

43-28-08. Records of board - Use as evidence

The board shall keep full and complete minutes of its proceedings and of its receipts and

disbursements and a full and accurate list of all persons licensed and registered by the board,

and shall maintain all records in full compliance with chapter 44-04.
N.D. Cent. Code § 43-28-16.2 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-16.2
43-28-16.2. License renewals
Status: in_force

43-28-16.2. License renewals

1. Licenses expire on December thirty-first of every odd-numbered year.

2. Licenses may be renewed by December thirty-first of the odd-numbered year by

submitting a renewal application, a renewal fee established by the board by rule, and

proof of completion of the continuing education requirements established by the board

by rule, provided grounds for denial under section 43-28-18 do not exist as determined

by the board.

3. If the renewal application, renewal fee, and proof of completion of continuing education

are not received by December thirty-first of the odd-numbered year, the license expires

and the individual may not practice dentistry.

4. Within sixty days after December thirty-first of the odd-numbered year, an expired

license may be renewed by submitting the renewal application, renewal fee, proof of

completion of continuing education, and a late fee established by the board by rule.

5. Between sixty-one days and one year after December thirty-first of the odd-numbered

year, an expired license may be renewed if the individual submits a renewal

application, pays the renewal fee, pays an amount equal to twice the late renewal fee,

and submits other documentation sought by the board confirming the individual retains

the skills necessary to practice.

6. If the renewal application, renewal fee, proof of completion of continuing education,

and late fee are not received within one year after December thirty-first of the

odd-numbered year, the license may not be renewed, and the individual must apply for

and meet the requirements for licensure to be granted a license.

7. The board may extend the renewal deadlines for an individual providing proof of

medical or other hardship rendering the individual unable to meet the deadline.
N.D. Cent. Code § 43-57-06 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-06
43-57-06. Issuance of license - Expedited
Status: in_force

43-57-06. Issuance of license - Expedited

1. If the board determines an applicant possesses the qualifications required under this

chapter and under chapter 43-59, 43-61, or 43-64, the board shall issue a license to

the applicant.

2. The board shall establish an expedited procedure for licensure of an applicant who is

certified by a professional organization identified by the board by rule or who holds a

valid license or certificate of registration in another jurisdiction. The board may grant a

provisional license to an expedited licensure applicant while the expedited license

application is pending.
N.D. Cent. Code § 43-19.1-15 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-15
43-19.1-15. Additional qualifications of engineer interns
Status: in_force

43-19.1-15. Additional qualifications of engineer interns

Except in the case of an individual who filed an application before July 1, 1967, and any

subsequent reapplication by such individual, an applicant otherwise qualified must be admitted

to certification as an engineer intern. An engineer intern is an individual who has:

1. A baccalaureate degree in engineering from an institution that offers accredited

programs approved by the board and has passed a board-approved examination in

the fundamentals of engineering shall be certified or enrolled as an engineer intern.

2. A baccalaureate degree in engineering from a program that is not accredited but is

approved by the board, who has a specific record of at least four years of experience

in engineering work of a grade and character satisfactory to the board, and who

passes a board-approved examination in the fundamentals of engineering.

3. A baccalaureate degree in an engineering-related program, who has a specific record

of at least six years of experience in engineering work of a grade and character

satisfactory to the board, and who passes a board-approved examination in the

fundamentals of engineering.
N.D. Cent. Code § 43-09-25 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-25
43-09-25. License to nonresidents - Reciprocity
Status: in_force

43-09-25. License to nonresidents - Reciprocity

To the extent that other states which provide for the licensing of electricians provide for

similar action, the state electrical board may grant licenses of the same grade or class to

electricians licensed by other states, upon payment by the applicant of the required fee, after

being furnished with proof that the qualifications of the applicant are equal to the qualifications

of holders of similar licenses in North Dakota.
N.D. Cent. Code § 43-40.1-10 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-10
43-40.1-10. Rulemaking
Status: in_force

43-40.1-10. Rulemaking

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

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

binding as of the date specified in each rule or amendment.

2. The commission shall adopt rules in order to effectively and efficiently achieve the

purposes of the compact. Notwithstanding the foregoing, if the commission exercises

its rulemaking authority in a manner beyond the scope of the purposes of the compact,

or the powers granted under the compact, then the action by the commission is invalid

and has no force and effect.

3. If a majority of the legislatures of the member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four years

of the date of adoption of the rule, the rule has no further force and effect in any

member state.

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

the commission.

5. Before adoption of a final rule by the commission, and at least thirty 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 or other publicly accessible platform; and

b. On the website of each member state occupational therapy licensing board or

other publicly accessible platform or the publication in which each state would

otherwise publish proposed rules.

6. The notice of proposed rulemaking must include:

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

considered and voted on;

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.

7. Before adoption of a proposed rule, the commission shall allow an individual to submit

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

public.

8. The commission shall grant an opportunity for a public hearing before the commission

adopts a rule or amendment if a hearing is requested by:

a. At least twenty-five individuals;

b. A state or federal governmental subdivision or agency; or

c. An association or organization having at least twenty-five members.

9. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing. If the hearing is held through

electronic means, the commission shall publish the mechanism for access to the

electronic hearing.

a. Any individual wishing to be heard at the hearing shall notify the executive

director of the commission or other designated member in writing of their desire

to appear and testify at the hearing not less than five business days before the

scheduled date of the hearing.

b. Hearings must be conducted in a manner providing an individual who wishes to

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

c. All hearings must be recorded. A copy of the recording must be made available

on request.

d. This section may not be construed to require a separate hearing on each rule.

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

required by this section.

10. 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.

11. If written notice of intent to attend the public hearing by interested parties is not

received, the commission may proceed with adoption of the proposed rule without a

public hearing.

12. The commission shall, by majority vote of all members, take final action on the

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

rulemaking record and the full text of the rule.

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

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

provided the usual rulemaking procedures provided in the 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 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 member state funds;

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

by federal law or rule; or

d. Protect public health and safety.

14. The commission or an authorized committee of 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 is

subject to challenge by any individual 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 chair of the

commission before the end of the notice period. If a challenge is not 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.
N.D. Cent. Code § 43-17-11 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-11
43-17-11. Records of board - License applications - Preservation
Status: in_force

43-17-11. Records of board - License applications - Preservation

The board shall keep a record of all of its proceedings and applications for license. Failure

of an applicant to submit a completed application within one year is grounds to discontinue

processing the application, and records will be disposed of unless otherwise approved by the

chairman and executive director for good cause.
N.D. Cent. Code § 43-12.1-02 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-02
43-12.1-02. Definitions
Status: in_force

43-12.1-02. Definitions

In this chapter, unless the context otherwise requires:

1. "Advanced practice registered nurse" means an individual who holds a current license

to practice in this state as an advanced practice registered nurse within one of the

roles of certified nurse practitioner, certified registered nurse anesthetist, certified

nurse midwife, or certified clinical nurse specialist, and who functions in one of the

population foci as approved by the board.

2. "Alternative to discipline" means a voluntary alternative to traditional discipline

program designed for nurses with substance use disorders, behavioral health

conditions, or medical health conditions.

3. "Board" means the North Dakota board of nursing.

4. "Licensed practical nurse" means an individual who holds a current license to practice

in this state as a licensed practical nurse and who practices dependently under the

supervision of a registered nurse, specialty practice registered nurse, advanced

practice registered nurse, or licensed practitioner.

5. "Nurse" means an individual who is currently licensed as an advanced practice

registered nurse, specialty practice registered nurse, registered nurse, or licensed

practical nurse.

6. "Nursing" means the performance of acts utilizing specialized knowledge, skills, and

abilities for people in a variety of settings. The term includes the following acts, which

may not be deemed to include acts of medical diagnosis or treatment or the practice of

medicine as defined in chapter 43-17:

a. The maintenance of health and prevention of illness.

b. Assessing and diagnosing human responses to actual or potential health

problems.

c. Providing supportive and restorative care and nursing treatment, medication

administration, health counseling and teaching, case finding and referral of

individuals who are ill, injured, or experiencing changes in the normal health

processes.

d. Administration, teaching, supervision, delegation, and evaluation of health and

nursing practices.

e. Collaboration with other health care professionals in the implementation of the

total health care regimen and execution of the health care regimen prescribed by

a health care practitioner licensed under the laws of this state.

7. "Prescriptive practices" means assessing the need for drugs, immunizing agents, or

devices and writing a prescription to be filled by a licensed pharmacist.

8. "Registered nurse" means an individual who holds a current license to practice in this

state as a registered nurse and who practices nursing independently and

interdependently through the application of the nursing process.

9. "Specialty practice registered nurse" means an individual who holds a current license

to practice in this state as a specialty practice registered nurse and who has current

certification from a national certifying body in a specific area of nursing practice.

10. "Unlicensed assistive person" means an assistant to the nurse, who regardless of title

is authorized to perform nursing interventions delegated and supervised by a nurse.
N.D. Cent. Code § 43-11-23 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-23
43-11-23. Examination
Status: in_force

43-11-23. Examination

The examination of applicants for license to practice under this chapter must be conducted

under rules adopted by the board and must include practical and theoretical examinations on

the practices for which a license is desired and related studies or subjects as the board may

determine necessary for the proper and efficient performance of a practice.
N.D. Cent. Code § 43-01-14 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-14
43-01-14. Certification of authority - Fee - Renewal
Status: in_force

43-01-14. Certification of authority - Fee - Renewal

A certificate of authority must be issued to an applicant who successfully passes the

examination of the board and complies with the other provisions of this chapter, upon the

payment of the registration fee fixed by the board not exceeding one hundred dollars, which

must be in addition to the examination fee. A certificate is valid for five years after the date

thereof. A certificate must be renewed by the board upon application, made within thirty days

prior to the expiration date, accompanied by payment of a fee fixed by the board not exceeding

one hundred dollars and an affidavit that the applicant has and maintains in the applicant's

business a complete tract index and all instruments of record in the office of the recorder in and

for the county in which the applicant has the applicant's place of business or has been engaged

in good faith in the preparation of such records for not less than six months.
N.D. Cent. Code § 43-07-22 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-22
43-07-22. Enforcement responsibility
Status: in_force

43-07-22. Enforcement responsibility

The labor commissioner has the primary responsibility of enforcing sections 43-07-20 and

43-07-21 and may make reciprocal agreements or arrangements with any other state or territory

exempting the application of sections 43-07-20 through 43-07-22, and may examine records of

employment relative to public contracts for such purposes. However, any person being

adversely affected because of noncompliance with section 43-07-20 may also institute an

appropriate civil action, and any person having knowledge of a violation may file a criminal

complaint with the proper official.
N.D. Cent. Code § 43-09-04 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-04
43-09-04. Officers of board - Compensation of members
Status: in_force

43-09-04. Officers of board - Compensation of members

The members of the board shall select from their members a president, a treasurer, and a

secretary. Each appointive member of the board is entitled to receive such amount as may be

set by the board, and in addition thereto, each member shall receive the necessary and actual

expenses incurred by the member in the discharge of the member's duties. The mileage and

travel expense allowed may not exceed the amount provided for in section 54-06-09.
N.D. Cent. Code § 43-12.3-03 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-03
43-12.3-03. Public and private entities - Selection criteria - Matching funds
Status: in_force

43-12.3-03. Public and private entities - Selection criteria - Matching funds

1. The department of health and human services shall establish criteria to be used in

selecting public and private entities for participation in a program. The criteria must

include:

a. The number of health care professionals, by specified field, already providing

services in the area;

b. Access to health care services in the area; and

c. The level of support from the area.

2. The department of health and human services may consult with health care and social

service providers, advocacy groups, governmental entities, and others in establishing

criteria and evaluating needs based on the criteria.

3. An entity may not be selected for participation unless it contractually commits to

provide matching funds equal to the amount required for a loan repayment program in

accordance with section 43-12.3-06.
N.D. Cent. Code § 43-28-11 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-11
43-28-11. Application - Fees
Status: in_force

43-28-11. Application - Fees

1. An individual seeking a license, registration, permit, credential, or endorsement related

to the practice of dentistry, shall apply to the executive director on forms prescribed by

the board.

2. The application must:

a. Be verified under oath that all statements contained in the application are true to

the applicant's knowledge;

b. Contain a recent autographed picture of the applicant; and

c. Include the application fee established by the board.

3. The board may, by rule, create or modify fees associated with any license, registration,

permit, credential, or renewal. A fee created or modified under this section is not a new

fee for purposes of subsection 7 of section 54-35-27.
N.D. Cent. Code § 43-01-17 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-17
43-01-17. Appeal from cancellation of certificate
Status: in_force

43-01-17. Appeal from cancellation of certificate

Upon the denial of an application for a certificate of authority, or an applicant for a certificate

of registered abstracter, or upon the cancellation of either a certificate of authority or a certificate

of registered abstracter, the applicant or the holder thereof may appeal from the decision of the

board to the district court. Such appeal must be taken by the service upon the

secretary-treasurer of the board, within thirty days after notice of the decision has been served,

of a notice of appeal and an appeal bond in the sum of two hundred fifty dollars. The appeal

must come on for hearing at the next regular term of the district court in the county in which the

applicant or certificate holder has a place of business or residence within the state of North

Dakota.
N.D. Cent. Code § 43-44-13 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-13
43-44-13. Reciprocity
Status: in_force

43-44-13. Reciprocity

The board shall grant a license to an applicant who presents proof of current licensure in

good standing without any limitations on the license, as a dietitian or nutritionist in another state

that has licensure requirements considered by the board to be at least as stringent as the

requirements for licensure under this chapter.
N.D. Cent. Code § 43-01-10.1 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-10.1
43-01-10.1. Conviction not bar to certification - Exceptions
Status: in_force

43-01-10.1. Conviction not bar to certification - Exceptions

Conviction of an offense shall not disqualify a person, firm, corporation, or limited liability

company from certification under this chapter unless the board determines that the offense has

a direct bearing upon a person's ability to serve the public as an abstracter or that, following

conviction of an offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-10-20 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-20
43-10-20. Penalty
Status: in_force

43-10-20. Penalty

A person practicing or representing that the person is practicing funeral service, or

preparing the dead for burial or shipment in violation of this chapter, is guilty of a class B

misdemeanor. In addition to the criminal penalty provided, the civil remedy of injunction is

available to restrain and enjoin violations of any provision of this chapter without proof of actual

damages sustained by any person and without the board being required to file an undertaking.
N.D. Cent. Code § 43-17-04 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-04
43-17-04. Term of office
Status: in_force

43-17-04. Term of office

The term of office of each member of the board is four years and until a successor is

appointed and qualified. The terms must be so arranged that no more than four terms expire on

the thirty-first of July of each year. The governor shall fill all vacancies by appointment but in

case of a vacancy before the expiration of a term, the appointment must be for the residue of

the term only. The board, at least six months in advance of filling an expired term, shall

communicate with the governor's office regarding specialty areas to be filled on the board. The

governor's office shall take this information into consideration when filling vacancies. No

member of the board may serve thereon for more than two full terms.
N.D. Cent. Code § 43-29-07.3 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-07.3
43-29-07.3. Veterinarian - License renewal - Continuing education requirements
Status: in_force

43-29-07.3. Veterinarian - License renewal - Continuing education requirements

1. A veterinarian license expires annually on June thirtieth.

2. A veterinarian license may be renewed by submission of the following to the board, no

later than June thirtieth:

a. A complete renewal application;

b. Payment of the renewal fee established by the board; and

c. Proof of completion of board required continuing education.

3. An individual who neglects or willfully fails to renew a license and practices veterinary

medicine after the expiration of the license, is practicing veterinary medicine in

violation of this chapter.

4. An individual may renew an expired license within five years of the date of expiration

by completing an application for renewal, paying the current renewal fee plus all

delinquent renewal fees, and completing all required continuing education. After five

years have elapsed since the date of expiration, a license may not be renewed, but the

holder may apply for a new license.

5. The board may refuse to renew or may suspend, revoke, or place on probationary

status any license issued under this chapter upon proof the veterinarian has failed to

meet the applicable continuing education requirements.
N.D. Cent. Code § 43-28-09 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-09
43-28-09. Biennial report
Status: in_force

43-28-09. Biennial report

The board may submit a report to the governor and the secretary of state in accordance

with section 54-06-04.
N.D. Cent. Code § 43-10.1-06.1 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-06.1
43-10.1-06.1. Fraudulent practices
Status: in_force

43-10.1-06.1. Fraudulent practices

It is a fraudulent practice and it is unlawful:

1. For any person knowingly to subscribe to, or make or cause to be made, any material

false statement or representation in any report or other document or statement

required to be filed under any provision of this chapter, or to omit to state any material

statement or fact in any such document or statement which is necessary in order to

make the statements made, in light of the circumstances under which they are made,

not misleading.

2. For any person, in connection with the sale of any pre-need funeral service or personal

property, directly or indirectly, to employ any device, scheme, or artifice to defraud.

3. For any person, in connection with the sale of any pre-need funeral service or personal

property, directly or indirectly, to make any untrue statement of a material fact or to

omit to state a material fact necessary in order to make the statements made, in the

light of the circumstances under which they are made, not misleading.

4. No action may be brought under this section by the commissioner after six years from

the date of the violation.
N.D. Cent. Code § 43-52-01 — ND Code / Title 43 / Chapter 43-52 / Section 43-52-01
43-52-01. Definitions
Status: in_force

43-52-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Consumer" means an individual who is deaf, deaf-blind, speech-impaired,

hard-of-hearing, or who requires special communication techniques in order to

communicate.

2. "Interpreter" means an individual who engages in the practice of interpreting.

3. "Interpreting" means the translating or transliterating of English concepts to any

necessary specialized vocabulary used by a consumer or translating of a consumer's

specialized vocabulary to English concepts. Necessary specialized vocabularies

include American sign language, English-based sign language, and oral interpreting.

4. "Nationally recognized certification" means certification granted by a national

organization that is based on a skills assessment of the applicant. These organizations

include the registry of interpreters for the deaf and the national association of the deaf.

5. "Video remote interpreting" is a process that allows an individual who is deaf or

hard-of-hearing to communicate with a hearing individual at the same location through

an interpreter displayed via videoconferencing equipment or through a television with a

videophone.
N.D. Cent. Code § 43-23.3-08 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-08
43-23.3-08. Appraisal education requirements
Status: in_force

43-23.3-08. Appraisal education requirements

An applicant for a permit as an apprentice, licensed, certified residential, or certified general

appraiser shall successfully complete the education requirements established by the board.
N.D. Cent. Code § 43-17-27.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-27.1
43-17-27.1. Physician continuing education requirements
Status: in_force

43-17-27.1. Physician continuing education requirements

1. The board shall promote a high degree of competence in the practice of medicine by

establishing rules requiring every physician licensed in the state to fulfill continuing

education requirements. Compliance with these rules must be documented at such

times and in such manner as is required by the board. Physicians failing to comply

with continuing education requirements in the time and manner specified by rule of the

board will be assessed a fee up to three times the licensure fee, in addition to such

other penalties as are authorized by law.

2. The board shall require physicians to complete a minimum of one hour of continuing

education on nutrition and metabolic health each renewal cycle.

3. Before a license may be renewed, the physician shall submit evidence to the board

establishing that all continuing education requirements prescribed by the rules adopted

by the board have been met.

4. The board may accept current certification, maintenance of certification, or

recertification by a member of the American board of medical specialties, the American

osteopathic association, or the royal college of physician and surgeons of Canada in

lieu of compliance with continuing education requirements.

5. The board may exempt a physician from the requirements of this section in

accordance with rules adopted by the board.

6. Notwithstanding subsection 1, if an individual fails to file a timely response, the board

may determine whether the individual's failure to file a timely response to an audit

constitutes an admission of noncompliance with this section and whether the

individual's license should be subject to action by the board. If the board determines

that the individual's failure to file a timely response is an admission of noncompliance

and that the individual's license should be subject to action by the board, the board

shall hold a hearing in accordance with chapter 28-32 to take any appropriate action.

7. The board shall provide access on the board's website to an instructional course on

chapters 12.1-19.1, 14-02.1, and 14-02.6 as the chapters relate to the practice of

medicine. The instructional course must be developed by contract through the office of

management and budget, in consultation with and with final approval from the attorney

general. This section does not create a right of action against the board by a physician

acting upon reliance of the instructional course. The instructional course must be

updated periodically to accurately reflect state law.
N.D. Cent. Code § 43-23-14 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-14
43-23-14. Fund handling by broker
Status: repealed

43-23-14. Fund handling by broker

Repealed by S.L. 1973, ch. 358, § 2.
N.D. Cent. Code § 43-02.2-06 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-06
43-02.2-06. Permits to practice - Firms
Status: in_force

43-02.2-06. Permits to practice - Firms

1. The board shall grant or renew permits to practice as a CPA or LPA firm to applicants

that demonstrate their qualifications therefor in accordance with this subsection.

a. The following must hold a permit issued under this subsection:

(1) Any firm with an office in this state practicing public accountancy as defined

in subsection 8 of section 43-02.2-02; or

(2) Any firm with an office in this state that uses the title "CPA", "LPA", "CPA

firm", or "LPA firm", or similar titles.

b. A firm which is not subject to the requirements of subdivision a may perform

professional services within the practice of public accountancy while using the

title "CPA" or "CPA firm" in this state without a permit issued under this subsection

only if:

(1) It performs such services through an individual with practice privileges under

subsection 1 of section 43-02.2-04.1; and

(2) It can lawfully do so in the state where such individuals with practice

privileges have their principal place of business.

2. Permits must be issued and renewed on an annual basis. Applications for permits

must be made in the form the board specifies. The board shall grant or deny any

application no later than ninety days after the application is filed in proper form. If the

applicant seeks the opportunity to show that issuance or renewal of a permit was

mistakenly denied or if the board is not able to determine whether it should be granted

or denied, the board may issue to the applicant a provisional permit, which expires

ninety days after its issuance or when the board determines whether or not to issue or

renew the permit for which application was made, whichever occurs first.

3. Except as provided in section 43-02.2-06.1, an applicant for initial issuance or renewal

of a permit to practice under this section must show that a simple majority of the

ownership of the firm, in terms of financial interests and voting rights, belongs to

licensees of a state or other recognized jurisdiction and that all certified public

accountants or licensed public accountants associated with the firm whose principal

place of business is in this state and who perform professional services in this state

hold a valid certificate or license issued by this state. The minority of the ownership of

a firm may belong to an individual or a qualified plan as described and defined in

sections 401(a) and 4975(e)(7) of the Internal Revenue Code [26 U.S.C. 401(a) and

4975(e)(7)], including an employee stock ownership plan. The firm and its owners

must comply with all board rules regarding ownership.

4. An applicant for initial issuance or renewal of a permit to practice under this section is

required to register each office of the firm within this state with the board.

5. The board may charge a fee for each application for initial issuance or renewal of a

permit under this section in an amount prescribed by the board by rule.

6. Applicants for initial issuance or renewal of permits under this section shall in their

applications list all states and jurisdictions in which they have applied for or hold

permits to practice public accountancy or similar authorizations, and each holder of or

applicant for a permit under this section shall notify the board in writing, within thirty

days after its occurrence, of any change in the identities of partners, officers, or

shareholders who work regularly within this state, any change in the number or

location of offices within this state, any change in the identity of the persons in charge

of such offices, and any issuance, denial, revocation, or suspension of a permit by any

other state or jurisdiction.

7. The board may require by rule, on either a uniform or a random basis, as a condition

to renewal of permits under this section, that applicants undergo practice reviews

conducted no more frequently than once every three years in such manner and

producing such satisfactory result as the board specifies; provided that any such

requirement must be adopted reasonably in advance of the time when it is first

required to be met and must include reasonable provision for compliance by an

applicant's showing that it has undergone a satisfactory review performed for other

purposes which was substantially equivalent to practice reviews generally required

under this subsection and completion of such review was within the three years

immediately preceding the renewal period.
N.D. Cent. Code § 43-09-13.1 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-13.1
43-09-13.1. Apprentice electrician registration
Status: in_force

43-09-13.1. Apprentice electrician registration

An apprentice electrician shall register with the state electrical board within the first six

months of employment and shall pay an annual registration fee in an amount set by the board.

An apprentice electrician may work on installations only under the personal supervision of a

licensed electrician as provided in section 43-09-18.
N.D. Cent. Code § 43-15-13.6 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13.6
43-15-13.6. No liability upon state created by provisions of chapter
Status: repealed

43-15-13.6. No liability upon state created by provisions of chapter

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-11-26.2 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-26.2
43-11-26.2. License requirements - Additional certifications for advanced estheticians
Status: in_force

43-11-26.2. License requirements - Additional certifications for advanced

estheticians.

In addition to the license requirements for an advanced esthetician, a written application

and proof of board-approved additional training and certifications must be made to the board

before the use of:

1. Microneedling pens, rollers, or devices;

2. Nonablative devices; or

3. Advanced chemical peels.
N.D. Cent. Code § 43-49-14 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-14
43-49-14. Penalty
Status: in_force

43-49-14. Penalty

It is a class B misdemeanor for an individual to advertise as a reflexologist or practice

reflexology without a license.
N.D. Cent. Code § 43-06-10 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-10
43-06-10. Examination - Subjects covered
Status: repealed

43-06-10. Examination - Subjects covered

Repealed by S.L. 2021, ch. 307, § 14.
N.D. Cent. Code § 43-17-45 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-45
43-17-45. Prescribing - Controlled substances
Status: in_force

43-17-45. Prescribing - Controlled substances

1. A licensee who has performed a telemedicine examination or evaluation meeting the

requirements of this chapter may prescribe medications according to the licensee's

professional discretion and judgment. Opioids may only be prescribed through

telemedicine if prescribed as a federal food and drug administration approved

medication assisted treatment for opioid use disorder or to a patient in a hospital or

long-term care facility. Opioids may not be prescribed through a telemedicine

encounter for any other purpose.

2. A licensee who, pursuant to this chapter, prescribes a controlled substance, as defined

by North Dakota law, shall comply with all state and federal laws regarding the

prescribing of a controlled substance, and shall participate in the North Dakota

prescription drug monitoring program.
N.D. Cent. Code § 43-26.1-07 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-07
43-26.1-07. Exemptions from licensure
Status: in_force

43-26.1-07. Exemptions from licensure

1. This chapter does not restrict a person licensed under any other law of this state from

engaging in the profession or practice for which that person is licensed as long as that

person does not represent, imply, or claim that that person is a physical therapist,

physical therapist assistant, or a provider of physical therapy.

2. The following persons are exempt from the licensure requirements of this chapter

when engaged in the following activities:

a. A person in a professional education program approved by the board who is

satisfying supervised clinical education requirements related to the person's

physical therapist or physical therapist assistant education while under onsite

supervision of a physical therapist.

b. A physical therapist who is practicing in the United States armed services, United

States public health service, or veterans administration pursuant to federal

regulations for state licensure of health care providers.

c. A physical therapist who is licensed in another jurisdiction of the United States or

credentialed to practice physical therapy in another country if that person is

teaching, demonstrating, or providing physical therapy in connection with

teaching or participating in an educational seminar in the state of no more than

sixty days in a calendar year.

d. A physical therapist who is licensed in another United States jurisdiction if that

person is providing services in accordance with section 43-51-03.

e. A physical therapist who is licensed in another United States jurisdiction or

credentialed in another country, if that person by contract or employment is

providing physical therapy to individuals affiliated with or employed by established

athletic teams, athletic organizations, or performing arts companies temporarily

practicing, competing, or performing in the state for no more than sixty days in a

calendar year.

f. A physical therapist assistant who is licensed in another United States jurisdiction

and is assisting a physical therapist engaged specifically in activities related to

subdivisions b, c, and e is exempt from the requirements of licensure under this

chapter.
N.D. Cent. Code § 43-19.1-18 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-18
43-19.1-18. Registration fees
Status: in_force

43-19.1-18. Registration fees

The board shall establish registration fees for professional engineers, land surveyors,

engineer interns, and land surveyor interns in the amount the board determines necessary to

accomplish the purposes of the board as provided in this chapter. The registration fees may not

exceed the amount of one hundred fifty dollars for a one-year period or three hundred dollars for

a two-year period. If the board denies the issuance of a certificate to an applicant, the fee paid

may be retained as an application fee.
N.D. Cent. Code § 43-10-15 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-15
43-10-15. License - Term - Renewal - Fee for renewal
Status: in_force

43-10-15. License - Term - Renewal - Fee for renewal

A license to practice funeral service is valid until the end of the year issued and may be

renewed by the board upon the payment to the treasurer of the annual renewal fee before

December thirty-first of each year. The amount of the fee may not exceed one hundred dollars.

The board may refuse to renew a license for cause.
N.D. Cent. Code § 43-23.1-21 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-21
43-23.1-21. Service of process
Status: in_force

43-23.1-21. Service of process

1. In addition to the methods of service provided for in the North Dakota Rules of Civil

Procedure and statutes, service may be made by delivering a copy of the process to

the office of the commission, but it is not effective unless:

a. The plaintiff, which may be the commission in a proceeding instituted by it,

forthwith sends a copy of the process and of the pleading by registered mail to

the defendant or respondent at that person's last-known address.

b. The plaintiff's affidavit of compliance with this section is filed in the case on or

before the return day of the process, if any, or within such further time as the

court allows.

2. If any person, including any nonresident of this state, engages in conduct prohibited by

this chapter or any rule or regulation or order hereunder, and has not filed a consent to

service of process and personal jurisdiction over that person cannot otherwise be

obtained in this state, that conduct authorizes the commission to receive service of

process in any noncriminal proceeding against that person or that person's successor

which grows out of that conduct and which is brought under this chapter or any rule or

regulation or order hereunder, with the same force and validity as if served on that

person personally. Notice must be given as provided in subsection 1.
N.D. Cent. Code § 43-53-10.1 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-10.1
43-53-10.1. Temporary suspension - Appeal
Status: in_force

43-53-10.1. 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 the continued practice by

a licensed marriage and family therapist or an associate marriage and family therapist

would create significant risk of serious and ongoing harm to the public while a

disciplinary proceeding is pending, and that immediate suspension of the licensed

marriage and family therapist's license or the associate marriage and family therapist's

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

may order a temporary suspension ex parte.

a. For purposes of this section, "verified evidence" means testimony taken under

oath and based on personal knowledge.

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

marriage and family therapist or associate marriage and family therapist 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.

c. The board shall make available to the licensed marriage and family therapist or

associate marriage and family therapist a specific description of any documents

relied upon by the board in ordering the temporary suspension.

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

administrative hearing or appeal to the district court under this section or until the

suspension is otherwise terminated by the board.

3. The board shall conduct an administrative hearing on the merits of the allegations to

determine what disciplinary action, if any, will be taken against the licensed marriage

and family therapist or associate marriage and family therapist who is the subject of

the ex parte suspension. The administrative hearing must be held not later than thirty

days from the issuance of the ex parte temporary suspension order. The licensed

marriage and family therapist or associate marriage and family therapist is entitled to a

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

hearing officer.

4. The licensed marriage and family therapist or associate marriage and family therapist

may appeal the ex parte temporary suspension order to the district court. On appeal,

the district court shall decide whether the board acted reasonably or arbitrarily. The

district 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.
N.D. Cent. Code § 43-17-05 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-05
43-17-05. Removal of members of North Dakota board of medicine - Re-election
Status: in_force

43-17-05. Removal of members of North Dakota board of medicine - Re-election

1. The governor for good cause shown and upon the recommendation of three-fourths of

the members of the North Dakota board of medicine may remove any member of such

board for misconduct, incapacity, or neglect of duty.

2. If a member of the board is consistently absent from board or committee meetings, the

board may declare a vacancy. Vacancies on the board must be filled by appointment

by the governor.
N.D. Cent. Code § 43-37-02 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-02
43-37-02. Definitions
Status: in_force

43-37-02. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Audiologist" means an individual licensed by the board to practice audiology.

2. "Audiology" means the application of principles, methods, and procedures of

measurement, testing, evaluation, prediction, consultation, counseling, instruction,

habilitation, or rehabilitation related to hearing and disorders of hearing including

vestibular testing, for the purpose of evaluating, identifying, managing, preventing,

ameliorating, or modifying such disorders and conditions in individuals or groups of

individuals.

3. "Board" means the state board of examiners on audiology and speech-language

pathology.

4. "Habilitation" and "rehabilitation" include hearing aid evaluation and recommendation,

auditory training, and speech reading.

5. "Licensee" means an audiologist, speech-language pathologist, or speech-language

pathology assistant.

6. "Speech-language pathologist" means an individual licensed by the board to practice

speech-language pathology.

7. "Speech-language pathology" means the application of principles, methods, and

procedures for measurement, testing, evaluation, identification, prediction, counseling,

or instruction related to the development and disorders of speech, language, voice,

cognitive-communication, swallowing, and augmentative alternative communication for

the purpose of identifying, evaluating, preventing, managing, habilitating or

rehabilitating, ameliorating, or modifying such disorders and conditions in individuals or

groups of individuals.

8. "Speech-language pathology assistant" means an individual licensed by the board to

assist in the practice of speech-language pathology.
N.D. Cent. Code § 43-40-14 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-14
43-40-14. Issuance of license
Status: in_force

43-40-14. Issuance of license

The board shall issue a license to any person who meets the requirements of this chapter

upon payment of the prescribed license fee.
N.D. Cent. Code § 43-41-11.1 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-11.1
43-41-11.1. Permission to report - Immunity
Status: in_force

43-41-11.1. Permission to report - Immunity

An individual who has knowledge of conduct by an applicant or a licensee which may

constitute grounds for disciplinary action under this chapter or the rules of the board or of any

unlicensed practice under this chapter may report the violation to the board. An individual is

immune from civil liability or criminal prosecution for submitting in good faith a report under this

chapter or for otherwise reporting, providing information, or testifying about violations or alleged

violations of this chapter.
N.D. Cent. Code § 43-05-10 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-10
43-05-10. Application - Examination fee
Status: in_force

43-05-10. Application - Examination fee

To obtain a license to practice podiatric medicine, a person shall submit an application and

any other documentation required by the board to the board in the manner prescribed by the

board. The applicant shall submit evidence that the applicant has the required qualifications and

shall pay to the board a fee of not more than five hundred dollars.
N.D. Cent. Code § 43-09-09 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-09
43-09-09. License required - Examination - Board to issue license
Status: in_force

43-09-09. License required - Examination - Board to issue license

1. A person may not undertake or plan to undertake with another person to plan, lay out,

supervise, install, make additions, make alterations, or make repairs, in the installation

of wiring, apparatus, or equipment for electric light, heat, or power or for a power

limited system, unless licensed by the board.

2. The board shall examine an applicant for licensure and if, upon a technical and

practical examination, the applicant is found to possess the required knowledge and

skill and to be versed in the laws of electricity, the applicant shall be issued a license in

the class for which the applicant was examined. The license must be signed by the

president and the secretary of the board and attested by the seal of the board.

3. Each licensee or permitholder shall report that individual's licensing or renewals to the

electrical inspector, if there is one, in the city in which that individual operates.
N.D. Cent. Code § 43-62-21 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-21
43-62-21. Practicing without a license - Violation of chapter - Penalty
Status: in_force

43-62-21. Practicing without a license - Violation of chapter - Penalty

An individual who performs medical imaging or radiation therapy in this state without

complying with this chapter, and any individual who violates any provision of this chapter for

which another penalty is not specified 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 provision of this chapter without proof of actual damages sustained by any

person.
N.D. Cent. Code § 43-50-02 — ND Code / Title 43 / Chapter 43-50 / Section 43-50-02
43-50-02. Social security number required for professional or occupational license
Status: in_force

43-50-02. Social security number required for professional or occupational license

No issuer of an occupational or professional certificate, permit, or license may issue such a

certificate, permit, or license, or renewal thereof, to any individual who has not first provided the

individual's social security number.
N.D. Cent. Code § 43-17-29 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-29
43-17-29. Practitioners not registered prohibited from practicing - Revocation of license
Status: repealed

43-17-29. Practitioners not registered prohibited from practicing - Revocation of

license.

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-43-06 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-06
43-43-06. Environmental health practitioner licensure fee administration fund
Status: in_force

43-43-06. Environmental health practitioner licensure fee administration fund

There must be maintained in the state treasury a special fund to be known as the

environmental health practitioner licensure fee administrative fund. All money deposited or paid

into this fund must be continuously available to the department of health and human services for

reimbursement to the advisory board, and may not lapse at any time or be transferred to any

other fund. The fund must consist of any money collected by the department of health and

human services in accordance with section 43-43-04.
N.D. Cent. Code § 43-45-05 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-05
43-45-05. Board meetings
Status: in_force

43-45-05. Board meetings

1. The board shall meet at least quarterly. A majority of the members constitute a

quorum.

2. Each board member shall serve without compensation but is entitled to receive

expenses as provided in section 54-06-09.
N.D. Cent. Code § 43-15-13.4 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13.4
43-15-13.4. Moneys payable from board of pharmacy to North Dakota pharmaceutical association
Status: repealed

43-15-13.4. Moneys payable from board of pharmacy to North Dakota pharmaceutical

association.

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-17-39 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-39
43-17-39. Qualified doctors of osteopathy may be licensed
Status: repealed

43-17-39. Qualified doctors of osteopathy may be licensed

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-49-02 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-02
43-49-02. Board - Appointment - Terms
Status: in_force

43-49-02. Board - Appointment - Terms

The board consists of three members appointed by the governor. Each member shall hold a

current license issued by the board. The members must be appointed for three years, staggered

so that the term of one member expires as of July first of each year. Each member shall hold

office until that member's successor is appointed and qualified. In July of each year the board

shall meet and shall elect one member as president, one member as vice president, and one

member as secretary-treasurer. The secretary-treasurer must be bonded in the sum of one

thousand dollars for the faithful discharge of the secretary-treasurer's duties. The board may

employ, and set the compensation of, employees to assist the board in the performance of the

board's duties. The board shall hold meetings as determined necessary by the board to

discharge its duties. Board members are entitled to receive compensation in an amount

provided by law for state officials and employees when performing the official duties of the

board.