N.D. Cent. Code § 43-15.3-04 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-04
43-15.3-04. Requirements to distribute prescription drugs, medical gases, or medical equipment
Status: in_force

43-15.3-04. Requirements to distribute prescription drugs, medical gases, or medical

equipment.

1. A person may not engage in wholesale distributions of prescription drugs without

obtaining and maintaining accreditation or certification from the national association of

boards of pharmacy's verified accredited wholesale distributor or an accreditation body

approved by the board under subsection 4, obtaining and maintaining a license issued

by the board, and paying any reasonable fee required by the board.

2. The board may not issue or renew the license of a wholesale distributor that does not

comply with this chapter. The board shall require a separate license for each facility or

location where wholesale distribution operations are conducted. An agent or employee

of any licensed wholesale distributor does not need a license and may lawfully

possess pharmaceutical drugs, medical gases, or medical equipment when acting in

the usual course of business or employment. The issuance of a license under this

chapter does not affect tax liability imposed by the tax department on any wholesale

distributor.

3. An out-of-state wholesale distributor or pharmacy distributor or a principal or agent of

the distributor may not conduct business in this state unless the distributor has

obtained the necessary license from the board, paid the fee required by the board, and

registered with the secretary of state. Application for a license must be made on a form

furnished by the board and when submitted by the applicant to the board must include

a copy of the certificate of authority from the secretary of state. The issuance of a

license under this section does not affect tax liability imposed by the tax department on

any out-of-state wholesale distributor or pharmacy distributor. The board may adopt

rules that permit out-of-state wholesale distributors to obtain a license on the basis of

reciprocity if an out-of-state wholesale distributor possesses a valid license granted by

another state and the legal standards for licensure in the other state are comparable to

the standards under this chapter and the other state extends reciprocity to wholesale

drug distributors licensed in this state. However, if the requirements for licensure under

this chapter are more restrictive than the standards of the other state, the out-of-state

wholesale distributor shall comply with the additional requirements of this chapter to

obtain a license under this chapter.

4. The board may adopt rules to approve an accreditation body to evaluate a wholesale

distributor's operations to determine compliance with professional standards, this

chapter, and any other applicable law, and perform inspections of each facility and

location where wholesale distribution operations are conducted by the wholesale

distributor.

5. The board or a designee of the board may conduct inspections during normal business

hours upon all open premises purporting or appearing to be used by a wholesale

distributor or pharmacy distributor in this state. A distributor that provides adequate

documentation of the most recent satisfactory inspection less than three years old by

the United States food and drug administration is exempt from further inspection for a

period of time determined by the board. This exemption does not bar the board from

initiating an investigation pursuant to a complaint regarding a wholesale distributor or

pharmacy distributor. A wholesale distributor or pharmacy distributor may keep records

at a central location apart from the principal office of the wholesale distributor or

pharmacy distributor or the location at which the drugs are stored and from which they

were shipped, provided that the records are made available for inspection within three

business days of a request by the board. The records may be kept in any form

permissible under federal law applicable to prescription recordkeeping.
N.D. Cent. Code § 43-04-26 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-26
43-04-26. Application for admission to barber school for postgraduate course
Status: in_force

43-04-26. Application for admission to barber school for postgraduate course

A school or college of barbering may not enroll or admit any student in a postgraduate

course thereof, unless the student files, in duplicate, an application, duly verified, which shows

the applicant:

1. Has graduated from a school or college of barbering approved by the board; or

2. Can prove by sworn affidavits that the applicant has practiced as a barber in another

state of the United States for at least two years immediately prior to making the

application.

One copy of the application must be retained by the college or school so admitting or enrolling

the student and the other must be filed by such school or college with the board. This section

may not be construed as limiting or modifying the provisions of sections 43-04-31 and 43-04-35.
N.D. Cent. Code § 43-12.1-06 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-06
43-12.1-06. Qualifications of board members
Status: in_force

43-12.1-06. Qualifications of board members

1. Each registered nurse must be an eligible voting resident of this state, possess an

unencumbered registered nurse license under this chapter, and be currently engaged

in practice as a registered nurse. A majority of the members under this subsection

must be actively engaged in practice in a nurse-patient setting.

2. Each licensed practical nurse must be an eligible voting resident of this state, possess

an unencumbered practical nurse license under this chapter, and be currently engaged

in practice as a licensed practical nurse. A majority of the members under this

subsection must be actively engaged in practice in a nurse-patient setting.

3. Each advanced practice registered nurse must be an eligible voting resident of this

state, possess an unencumbered advanced practice registered nurse license under

this chapter, and be currently engaged in practice as an advanced practice registered

nurse.

4. Each public member must be an eligible voting resident of this state and have no

employment, professional license, or financial interest with any health care entity.

5. Each member appointed to the board shall maintain the qualifications for appointment

for the duration of the appointment. The governor may remove any member of the

board for cause upon recommendation of two-thirds of the members of the board.
N.D. Cent. Code § 43-09-01 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-01
43-09-01. Definitions
Status: in_force

43-09-01. Definitions

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

1. "Alteration" means any substantial change to a conveyance and any part, component,

or subsystem of the conveyance, but does not include routine maintenance of a

conveyance.

2. "Apprentice electrician" means an individual who is learning the trade under the

personal supervision of a state-licensed electrician.

3. "Board" means the state electrical board.

4. "Class B electrician" means an individual who has the necessary qualifications,

training, and technical knowledge to wire, install, and repair electrical apparatus and

equipment in accordance with the standard rules and regulations governing such work,

who has eighteen months' experience in farmstead or residential wiring, and passed

an examination before the state electrical board based upon the national electrical

code as it applies to farmstead or residential wiring.

5. "Conveyance" means an elevator, escalator, stairway chairlift, platform lift, stage lift,

orchestra lift, hoist, dumbwaiter, moving walk, automated people mover, automated-

type parking structure, wind turbine elevator, or other device used for moving

individuals, materials, equipment, or other objects from one landing or location to

another.

6. "Elevator contractor" means any person engaged in the business of constructing,

installing, altering, replacing, decommissioning, dismantling, demolishing, removing

from service, repairing, servicing, inspecting, or testing a conveyance.

7. "Elevator inspector" means an individual, approved by the board, to inspect and

witness a test of a conveyance.

8. "Elevator mechanic" means an individual engaged in elevator contracting.

9. "Journeyman electrician" means an individual who has the necessary qualifications,

training, and technical knowledge to wire, install, and repair electrical apparatus and

equipment and power limited systems in accordance with the standard rules and

regulations governing such work.

10. "Licensee" means an individual who holds a valid license issued by the board.

11. "Master electrician" means an individual who has the necessary qualifications, training,

experience, and technical knowledge to plan, lay out, and supervise the installation

and repair of electrical wiring apparatus, and equipment for electric light, heat, power,

and power limited systems, in accordance with the standard rules and regulations

governing such work.

12. "Nonelectrical system" means a system as defined by the articles contained in

chapter 8 and other articles which contains class II or class III circuits and systems as

defined by the national electrical code, as adopted by the board. Although the board

may expand this definition, the board may not narrow this definition. The term does not

include a circuit or system that is installed:

a. Within an area of special occupancies, as defined under articles 500 through 517

of the national electrical code.

b. For heat, light, or power.

c. For the control of heat, light, or power, unless the circuit or system employs digital

communication.

13. "Power limited electrician" means an individual who has the necessary qualifications,

training, experience, and technical knowledge to plan, layout, and supervise the

installation and repair of a power limited system.

14. "Power limited system" means a system as defined by the articles contained in

chapter 8 and other articles which contains class II or class III circuits and systems as

defined by the national electrical code, as adopted by the board. Although the board

may expand this definition, the term does not include a nonelectrical system.
N.D. Cent. Code § 43-23.1-07 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-07
43-23.1-07. Public offering statement
Status: in_force

43-23.1-07. Public offering statement

1. A public offering statement must disclose fully and accurately the physical

characteristics of the subdivided lands offered and must make known to prospective

purchasers all unusual and material circumstances or features affecting the subdivided

lands. The proposed public offering statement submitted to the commission must be in

a form prescribed by it and must include the following:

a. The name and principal address of the subdivider.

b. A general description of the subdivided lands stating the total number of lots,

parcels, units, or interests in the offering.

c. The significant terms of any encumbrances, easements, liens, and restrictions,

including zoning and other regulations, affecting the subdivided lands and each

unit or lot, and a statement of all existing taxes and existing or proposed special

taxes or assessments which affect the subdivided lands.

d. A statement of the use for which the property is offered.

e. Information concerning improvements, including streets, water supply, levees,

drainage control systems, irrigation systems, sewage disposal facilities, and

customary utilities, and the estimated cost, date of completion, and responsibility

for construction and maintenance of existing and proposed improvements which

are referred to in connection with the offering or disposition of any interest in

subdivided lands.

f. Such of the information contained in the application for registration, and any

amendments thereto, and such other information as the commission may require

as being necessary or appropriate in the public interest or for the protection of

purchasers.

2. The public offering statement may not be used for any promotional purposes before

registration of the subdivided lands and afterwards only if it is used in its entirety. No

person may advertise or represent that the commission approves or recommends the

subdivided lands or disposition thereof. No portion of the public offering statement may

be underscored, italicized, or printed in larger or heavier or different color type than the

remainder of the statement unless the commission requires it.

3. The commission may require the subdivider to alter or amend the proposed public

offering statement in order to assure full and fair disclosure to prospective purchasers,

and no change in the substance of the promotional plan or plan of disposition or

development of the subdivision may be made after registration without notifying the

commission and without making appropriate amendment of the public offering

statement. A public offering statement is not current unless all amendments are

incorporated.
N.D. Cent. Code § 43-15-31.7 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.7
43-15-31.7. Therapeutic substitution
Status: in_force

43-15-31.7. Therapeutic substitution

1. A pharmacist whose practice is physically located within this state may substitute a

drug for a therapeutically equivalent drug, except for antidepressants, antipsychotics,

chemotherapy agents, schedule II controlled substances, biological products, and

narrow therapeutic index drugs, as limited by this section. Therapeutic equivalence

may be established by clinical publications comparing dosages of drugs in a

therapeutic class.

2. A pharmacist may not substitute a drug for a therapeutically equivalent drug if:

a. The prescriber indicates no substitution is to be made; or

b. The board has determined a therapeutically equivalent drug should not be

substituted and notified pharmacists of that determination.

3. Before dispensing a therapeutically equivalent drug, a pharmacist shall:

a. Verbally discuss the suggested substitution with the patient, including informing

the patient that the therapeutically equivalent drug does not contain the identical

active ingredient present in the prescribed drug and any differences in dosage

and frequency between the prescribed drug and the therapeutically equivalent

drug;

b. Inform the patient of the patient's right to refuse the substitution; and

c. Determine whether the substitution would provide a cost benefit to the patient or

provide access if the prescribed drug is not available.

4. The pharmacist shall send notice of the substitution to the prescriber by electronic

communication within twenty-four hours of dispensing the drug to the patient.

5. The prescribing provider is not liable for a substitution made by a pharmacist under

this section.
N.D. Cent. Code § 43-03-22 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-22
43-03-22. Stamp
Status: in_force

43-03-22. Stamp

At the time of the issuance of the certificate of registration, the board shall require the

certificate holder to acquire, at the certificate holder's expense, a stamp or indicia to be used by

the certificate holder in the conduct of the certificate holder's practice and to be impressed upon

drawings, plans, and other documents prepared by the certificate holder. The board shall adopt

rules governing the technical requirements of such stamp and indicia and the certificate holder's

signature.
N.D. Cent. Code § 43-64-02 — ND Code / Title 43 / Chapter 43-64 / Section 43-64-02
43-64-02. License required - Title restrictions
Status: in_force

43-64-02. License required - Title restrictions

1. Effective January 1, 2020, an individual may not practice applied behavior analysis

without a current license issued by the board under this chapter.

2. A licensed behavior analyst may use the title "licensed behavior analyst." A licensed

assistant behavior analyst may use the title "licensed assistant behavior analyst."

Effective January 1, 2020, an individual who uses these terms as identification without

having received a license as required under this chapter is engaging in the practice of

applied behavior analysis without a license.
N.D. Cent. Code § 43-32-32 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-32
43-32-32. Drugs - Medicine
Status: in_force

43-32-32. Drugs - Medicine

This chapter may not be construed as permitting a licensee to administer or prescribe

drugs, or in any manner engage in the practice of medicine as defined by the laws of this state.
N.D. Cent. Code § 43-05-16.5 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.5
43-05-16.5. Reporting obligations
Status: in_force

43-05-16.5. Reporting obligations

1. A person who has knowledge of any conduct constituting grounds for discipline under

this chapter shall report the violation to the board.

2. A hospital, clinic, or other health care institution, facility, or organization shall report to

the board any action taken by the hospital, clinic, or other health care facility,

institution, or organization to revoke, suspend, restrict, or condition a podiatrist's

privilege to practice or treat patients in the hospital, clinic, or other health care facility

or institution, or as part of the organization, any denial of privileges or any other

disciplinary action. The hospital, clinic, or other health care facility, institution, or

organization shall also report the resignation of any podiatrist before the conclusion of

any disciplinary proceeding or before the commencement of formal charges but after

the podiatrist had knowledge that formal charges were contemplated or in preparation.

No report is required of a podiatrist voluntarily limiting practice at a hospital if the

podiatrist notifies all hospitals at which the podiatrist has privileges of the voluntary

limitation and the reasons for it.

3. Four times a year, as prescribed by the board, each insurer providing professional

liability insurance to podiatrists shall submit to the board a report concerning any

podiatrist against whom podiatric medical malpractice settlements or awards have

been made. The report must contain at least the following information:

a. The total number of podiatric malpractice settlements or awards made to the

plaintiff.

b. The date the podiatric malpractice settlements or awards to the plaintiff were

made.

c. The allegations contained in the claim or complaint leading to the settlements or

awards made to the plaintiff.

d. The dollar amount of each podiatric malpractice settlement or award.

e. The regular address of the practice of the podiatrist against whom an award was

made or with whom a settlement was made.

f. The name of the podiatrist against whom an award was made or with whom a

settlement was made.

In addition, the insurance company shall report to the board any information it has that

tends to substantiate a charge that a podiatrist may have engaged in conduct

prohibited under this chapter.

4. The clerks of court of the district courts or any other court of competent jurisdiction

shall report to the board any judgment or other determination of the court that

adjudges or includes a finding that a podiatrist is mentally ill; mentally incompetent;

chemically dependent; guilty of a felony; guilty of a violation of federal or state

narcotics laws or controlled substances acts; guilty of an abuse or fraud under

Medicare, Medicaid, or medical assistance laws or rules; appoints a guardian of the

podiatrist; or provides for the civil commitment of a podiatrist.

5. Reports required by this section must be submitted no later than thirty days after the

occurrence of the reportable event or transaction. The board may provide forms for the

submission of reports required by this section, may require that reports be submitted

on the forms provided, and may adopt rules necessary to assure prompt and accurate

reporting.
N.D. Cent. Code § 43-58-12 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-12
43-58-12. Enforcement - Penalty
Status: in_force

43-58-12. Enforcement - Penalty

An individual who practices naturopathic health care in this state without complying with the

provisions of this chapter, and an individual who violates any of the provisions of this chapter for

which another penalty is not specified, is guilty of a class B misdemeanor. In addition to the

criminal penalties provided under this section, 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 § 43-04-48 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-48
43-04-48. Appeals
Status: in_force

43-04-48. Appeals

Any applicant or licensee aggrieved by any action of the board taken under any of the

provisions of this chapter, within thirty days after receipt of a copy of the order of the board, may

file a petition in the district court, which has jurisdiction to affirm, reverse, vacate, or modify the

order complained of. The board of barber examiners of North Dakota must be the defendant,

and such petition must set forth the errors complained of. Unless they are waived, citations and

other judicial process must be served upon the president of the board, or in the event of the

president's absence, upon any member of the board, or by leaving a copy at the office of the

board or the office of the secretary-treasurer. Upon such service or waiver, the board, with its

answer, shall file a transcript of the records of the board, and the original papers or transcripts

thereof, and a certified transcript of all evidence adduced upon the hearing before the board in

the proceedings complained of, which must be filed in the court. No proceedings to vacate,

reverse, or modify a final order rendered by the board may operate to stay the execution or

effect thereof unless the district court, or a judge thereof in vacation, on application and three

days' notice to the board, shall allow such stay, in which event the petitioner must be required to

execute the petitioner's bond in such a sum as the court may prescribe, with sufficient surety to

the satisfaction of the court, conditioned for the prompt payment of all damages arising from or

caused by the delay in the effectiveness or enforcement of the order complained of.
N.D. Cent. Code § 43-29.1-08 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-08
43-29.1-08. Gifts, grants, and donations - Continuing appropriation
Status: in_force

43-29.1-08. Gifts, grants, and donations - Continuing appropriation

1. The department of health and human services may accept any conditional or

unconditional gifts, grants, and donations for the purpose of providing moneys for the

repayment of veterinarians' education loans. However, if an entity desires to provide

moneys to the department of health and human services for the location of a

veterinarian in or at a specific site, the entity shall commit to provide the full amount

required under this program for a period of four years.

2. The department of health and human services may contract with a public or private

entity and may expend any moneys available to the department of health and human

services to obtain matching funds for the purposes of this chapter.

3. All moneys received as gifts, grants, or donations under this section are appropriated

on a continuing basis to the department of health and human services for the purpose

of increasing the number of veterinarians participating in the loan repayment program

under this chapter.
N.D. Cent. Code § 43-18-12 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-12
43-18-12. Examination - When held - Notice
Status: in_force

43-18-12. Examination - When held - Notice

Examinations must be held at the time and place prescribed by the board. Notice of such

examinations must be given by mail to all persons who have made application to take the

examination. The board may call a special examination at any time.
N.D. Cent. Code § 43-29-05 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-05
43-29-05. Compensation and expenses of members of board
Status: in_force

43-29-05. Compensation and expenses of members of board

Members of the board may receive for each day the members are engaged in the

performance of the duties of their office the per diem fixed by the board. The members also may

be reimbursed for necessary travel expenses and meals and lodging expenses at the same rate

and in the same manner as are elected officials and employees of the state.
N.D. Cent. Code § 43-19.1-07 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-07
43-19.1-07. Board - Organization and meetings
Status: in_force

43-19.1-07. Board - Organization and meetings

The board shall hold at least two regular meetings each year. The board shall elect or

appoint annually the following officers: a chairman, a vice chairman, and a secretary. A quorum

of the board consists of not fewer than three members.
N.D. Cent. Code § 43-13-18 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-18
43-13-18. Licensure by endorsement
Status: in_force

43-13-18. Licensure by endorsement

An applicant may secure a license to practice optometry in this state without taking all

required examinations as follows:

1. Presentation of a certified copy or an original certificate of registration or license in

good standing issued to the applicant by another state where the requirements for

license are equivalent to those of this state;

2. Payment of a reasonable sum fixed by the board; and

3. Unless waived by the board, all applicants for licensure by endorsement must:

a. Apply for the highest level of therapeutic licensure in this state.

b. Be current in the continuing education requirements of their current state of

licensure.

c. Pass a North Dakota state optometry law examination as required by the board to

be given at such times and places as are prescribed by the board.

d. Have a minimum of four years of practice, federal service, or teaching experience

as a licensed optometrist prior to making application.

e. Have not committed any act that would constitute grounds for disciplinary action

under this chapter or the rules and regulations of the board.

f. Submit to an oral interview before such persons and at a time and place as

prescribed by the board.

The board may give or require a practical examination of the applicant if it is deemed necessary.
N.D. Cent. Code § 43-51.1-03 — ND Code / Title 43 / Chapter 43-51.1 / Section 43-51.1-03
43-51.1-03. Board operations
Status: in_force

43-51.1-03. Board operations

1. A board shall issue a license within ten business days to an individual who submits a

complete, unencumbered, routine application. This section does not apply to

processing applications through an effective interstate compact or an executed license

transfer agreement. Boards subject to an effective interstate compact shall issue a

license in a timely manner.

2. A board may grant authority to staff or selected board members to issue a provisional

or temporary license between board meetings to an applicant seeking permanent state

licensure if the application is routine, complete, and meets all the requirements for

licensure. To the extent this provision conflicts with any existing limitations on such

delegated authority, this provision supersedes those limitations.

3. The licensing application form must be made available electronically.

4. As part of a complete application, a board may require an individual seeking licensure

in this state to pass a jurisprudence examination on North Dakota law applicable to the

licensed profession. If the examination is a requirement for licensure, and the

examination is administered by the board, the examination must be made available at

least once per month. The board may adopt limits on examination attempts.

5. By July thirty-first of 2026 and 2027, on forms developed by the department of labor

and human rights, each board shall report to the labor commissioner data on the

number of licenses granted, number of licenses denied, number of licenses that were

not issued within the ten-day timeline, and reason for the delay for licenses issued

after the ten-day timeline.

6. Unless already a member of an effective interstate compact, a board shall annually

review available interstate compacts in professions it regulates to determine whether

joining the interstate compact would be in the best interest of the profession and state,

giving consideration to workforce shortages and evolving trends in occupation

licensure and technology. The review must be noted clearly in the board's agenda and

meeting minutes and the board must provide the labor commissioner with a copy of

the considered compact and the board's reason for determining that entering the

interstate compact was not in the best interests of the profession.

7. A board may contract with an entity, another board, or an individual to obtain

administrative and support services to assist in the operation of the board.

8. Unless otherwise specifically authorized by other laws, rules of the board, or national

standards to practice, all continuing education requirements for licensure renewal must

include the ability to complete all required continuing education hours by virtual or

remote means.

9. A board may assist in providing education or resources for a licensee or an individual

interested in pursuing the regulated occupation or profession.

10. Unless otherwise provided by law, the governor shall appoint members of a board and

may remove members for cause, misconduct, incapacity, or neglect of duty. After

expiration of a term, a board member may continue to serve until the governor makes

an appointment to fill the position.

11. An applicant aggrieved by a licensure delay first shall try to resolve the matter with the

board. If the matter cannot be resolved, the applicant may bring the matter to the office

of the governor. Each board shall provide information on its website or initial licensure

application regarding how to contact the office of the governor if a matter between the

applicant and the board cannot be resolved.
N.D. Cent. Code § 43-11-10 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-10
43-11-10. Records of board - Fees - Expenses - How paid
Status: in_force

43-11-10. Records of board - Fees - Expenses - How paid

The secretary of the board shall keep a record of the board's proceedings and a register of

applicants for licensure showing the name of the applicant, the name and location of the

applicant's place of occupation or business, and whether the applicant was granted or refused a

license. The books and records of the board are prima facie evidence of matters therein

contained and constitute public records. All fees and payments required to be paid by applicants

for examinations or licenses must be deposited with the secretary of the board. The secretary

shall pay all expenses incurred in the operation of maintaining an office for the purpose of

carrying out this chapter from fees and other income. The secretary may delegate authority

under this section to administrative support staff.
N.D. Cent. Code § 43-49-05 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-05
43-49-05. Exemptions
Status: in_force

43-49-05. Exemptions

This chapter does not apply to the activities or services of physicians, chiropractors,

physical therapists, cosmetologists, registered nurses, massage therapists, or members of other

professions licensed, certified, or registered by the state who may on occasion apply pressure

to reflexes in the course of their work. This chapter does not apply to an individual who takes a

self-help class and applies reflexology without pay on immediate family members or the

individual's body.
N.D. Cent. Code § 43-11-11.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-11.1
43-11-11.1. Use of brush rollers authorized
Status: repealed

43-11-11.1. Use of brush rollers authorized

Repealed by S.L. 2025, ch. 386, § 36.
N.D. Cent. Code § 43-20-08 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-08
43-20-08. Unlawful to practice without license or registration
Status: in_force

43-20-08. Unlawful to practice without license or registration

A person may not practice dental hygiene or practice as a registered or qualified dental

assistant in the state, without first obtaining from the board a license or registration. A person

may not practice as a dental assistant outside the scope of practice established by the board by

rule and section 43-20-13.
N.D. Cent. Code § 43-19.1-32 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-32
43-19.1-32. Duty of attorney general - Legal counsel
Status: in_force

43-19.1-32. Duty of attorney general - Legal counsel

The attorney general of the state or the attorney general's assistant shall act as legal

adviser to the board and render such legal assistance as may be necessary in carrying out the

provisions of this chapter. The board may employ other counsel and necessary assistance to

aid in the enforcement or administration of this chapter, and the compensation and expenses

therefor must be paid from funds of the board.
N.D. Cent. Code § 43-13-13 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-13
43-13-13. Duties of board
Status: in_force

43-13-13. Duties of board

The board has the following duties:

1. To enforce the provisions and carry out the purposes of this chapter.

2. To make and enforce such rules and regulations consistent with law as may be

necessary for the proper performance of its duties; the effective enforcement of this

chapter; the reasonable regulation of the profession of optometry and the practice

thereof by persons licensed under this chapter; and to protect the health, welfare, and

safety of the citizens of this state.

3. To proceed in the courts of this state by injunction when considered necessary to

restrain any violation of this chapter.

4. To establish the following by rule:

a. Application fees;

b. License fees;

c. Renewal fees;

d. Late fees;

e. Endorsement fees;

f. Licensure verification fee;

g. Decorative wall certificate fee; and

h. Continuing education fees.
N.D. Cent. Code § 43-33-06 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-06
43-33-06. Issuance of license
Status: in_force

43-33-06. Issuance of license

1. The board shall register each applicant without discrimination if the applicant passes

an examination as provided in section 43-33-07, and upon the applicant's payment of

a fee as established by the board, shall issue to the applicant a license signed by the

secretary of the board. The license is effective until the expiration date stated on the

license and identification card.

2. Whenever the board determines that another state or jurisdiction has requirements

equivalent to or higher than those in effect pursuant to this chapter for the practice to

fit and sell hearing instruments, and that the state or jurisdiction has a program

equivalent to or stricter than the program for determining whether applicants pursuant

to this chapter are qualified to dispense and fit hearing instruments, the board may

issue certificates of endorsement to applicants who hold current, unsuspended and

unrevoked certificates or licenses by examination to fit and sell hearing instruments in

the other state or jurisdiction. The board may not issue a license to an applicant for a

certificate of endorsement if the applicant's license or certificate from the other state or

jurisdiction was obtained by experience. An applicant for a certificate of endorsement

may not be required to submit to or undergo a qualifying examination, but the applicant

must pay the fees required by the board. The holder of a certificate of endorsement

must be registered in the same manner as holders of a license. The fee for an initial

certificate of endorsement must be the same as the fee for an initial license. Fees,

grounds for renewal, and procedures for the suspension and revocation of certificates

of endorsement must be the same as for renewal, suspension, and revocation of a

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

43-17-17. Application for license

In order to obtain a license to practice medicine in this state, an application must be made

to the board through the executive director. The application must be upon the form adopted by

the board and must be made in the manner prescribed by it.
N.D. Cent. Code § 43-17.5-11 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-11
43-17.5-11. Date of implementation of the physician assistant licensure compact commission
Status: in_force

43-17.5-11. Date of implementation of the physician assistant licensure compact

commission.

1. This compact becomes effective on the date on which this compact statute is enacted

into law in the seventh participating state.

a. On or after the effective date of the compact, the commission shall convene and

review the enactment of each of the states that enacted the compact before the

commission convening "charter participating states" to determine if the statute

enacted by each such charter participating state is materially different than the

model compact.

(1) A charter participating state whose enactment is found to be materially

different from the model compact is entitled to the default process under

section 43-17.5-10.

(2) If any participating state later withdraws from the compact or its participation

is terminated, the commission shall remain in existence and the compact

must remain in effect even if the number of participating states should be

less than seven. Participating states enacting the compact subsequent to

the commission convening are subject to the process under subsection 3 of

section 43-17.5-07 to determine if their enactments are materially different

from the model compact and whether they qualify for participation in the

compact.

b. Participating states enacting the compact subsequent to the seven initial charter

participating states are subject to the process under subsection 3 of section

43-17.5-07 to determine if their enactments are materially different from the

model compact and whether they qualify for participation in the compact.

c. All actions taken for the benefit of the commission or in furtherance of the

purposes of the administration of the compact before the effective date of the

compact or the commission coming into existence are considered actions of the

commission unless specifically repudiated by the commission.

2. Any state that joins this compact is subject to the commission's rules and bylaws as

they exist on the date on which this compact becomes law in that state. Any rule that

has been previously adopted by the commission has the full force and effect of law on

the day this compact becomes law in that state.

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

the same.

a. A participating state's withdrawal does not take effect until one hundred eighty

days after enactment of the repealing statute. During this one hundred eighty-day

period, all compact privileges that were in effect in the withdrawing state and

were granted to licensees licensed in the withdrawing state remain in effect. If

any licensee licensed in the withdrawing state is also licensed in another

participating state or obtains a license in another participating state within the one

hundred eighty days, the licensee's compact privileges in other participating

states are not affected by the passage of the one hundred eighty days.

b. Withdrawal does not affect the continuing requirement of the state licensing board

of the withdrawing state to comply with the investigative, and adverse action

reporting requirements of this compact prior to the effective date of withdrawal.

c. Upon the enactment of a statute withdrawing a state from this compact, the state

shall immediately provide notice of such withdrawal to all licensees within that

state. Such withdrawing state shall continue to recognize all licenses granted

pursuant to this compact for a minimum of one hundred eighty days after the date

of such notice of withdrawal.

4. This compact may not be construed to invalidate or prevent any physician assistant

licensure agreement or other cooperative arrangement between participating states

and between a participating state and nonparticipating state which does not conflict

with the provisions of this compact.

5. This compact may be amended by the participating states. An amendment to this

compact may not become effective and binding on any participating state until it is

enacted materially in the same manner into the laws of all participating states as

determined by the commission.
N.D. Cent. Code § 43-12.1-20 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-20
43-12.1-20. Continuing education requirements
Status: repealed

43-12.1-20. Continuing education requirements

Repealed by S.L. 2013, ch. 321, § 12.
N.D. Cent. Code § 43-09-28 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-28
43-09-28. Conveyance permit required
Status: in_force

43-09-28. Conveyance permit required

1. a. Within six months from July 1, 2025, the owner of a conveyance shall register the

conveyance with the board.

b. The owner of a new elevator or other conveyance must register the conveyance

with the board within thirty days after the conveyance has been inspected and

approved.

c. When registering a conveyance, the owner shall provide to the board the type of

the conveyance, the rated load, the number of landings and speed of the

conveyance, the name of the manufacturer of the conveyance, the location of the

conveyance, the purpose for which the conveyance is used, and any additional

information the board may require.

d. When a conveyance subject to this chapter is decommissioned or otherwise

taken out of service, the owner responsible for the equipment shall notify the

board within six months to request the conveyance be removed from the

registration list.

2. Before an installation or alteration may be commenced on a conveyance, an elevator

contractor shall apply to the board for a permit.

3. An application for a permit must include:

a. A copy of the specifications for the conveyance and must be accurately scaled

and include fully dimensional plans showing the location of the installation in

relation to the plans and elevation of the building.

b. An illustration of each detail of construction and design, including electrical

drawings.

c. The location of the machinery space, machine room, control space, or control

room and the equipment to be installed, relocated, or altered.

d. All structural supporting members of the conveyance, including foundations.

e. A description of the materials to be employed and all loads to be supported or

conveyed.

f. A copy of the written maintenance control program for the conveyance.

4. The elevator contractor shall post the permit at the site of the conveyance while work

is in progress. The elevator contractor obtaining the permit shall be responsible for the

complete scope of work covered by the permit and ensure any alteration is performed

only by a licensed elevator mechanic and performed in accordance the requirements

of this chapter and any rules adopted by the board.
N.D. Cent. Code § 43-07-11.1 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-11.1
43-07-11.1. Contracts with state
Status: in_force

43-07-11.1. Contracts with state

1. A contractor, resident or nonresident, is not eligible to enter a public contract with any

department of the state of North Dakota, or any political or governmental subdivision of

the state until satisfactory showing is made that the contractor has paid all delinquent

income, sales or use taxes, if any, owed to the state pursuant to the provisions of the

income, sales or use tax laws, and which have been assessed either by the filing of an

income or sales and use tax return by the contractor, or by an assessment of

additional income, sales or use taxes against the contractor by the commissioner

which has become finally and irrevocably fixed, before the date that the contract was

executed by the parties to the contract.

2. A certificate from and by the tax commissioner satisfies the requirement of

subsection 1. Upon failure to file such a certificate, the department or political or

governmental subdivision shall refuse to execute the public contract.

3. The provisions of this section apply to contracts executed after July 1, 1965.
N.D. Cent. Code § 43-32-09 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-09
43-32-09. Examination of qualifications of applicants
Status: in_force

43-32-09. Examination of qualifications of applicants

The board shall examine for, deny, approve, revoke, suspend, and renew the licensing of

applicants as provided under this chapter.
N.D. Cent. Code § 43-53-10 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-10
43-53-10. Disciplinary proceedings
Status: in_force

43-53-10. Disciplinary proceedings

1. The board may deny an application or institute a disciplinary proceeding concerning a

licensee on the following grounds:

a. Conviction by a court of competent jurisdiction of an offense that the board

determines to be of such a nature as to render the licensee unfit to practice

marriage and family therapy. The board may compile, maintain, and publish a list

of such offenses.

b. Violation of ethical standards of such a nature as to render the licensee unfit to

practice marriage and family therapy. The board shall publish such ethical

standards.

c. Fraud or misrepresentation in obtaining a license.

d. Any just and sufficient cause that renders a licensee unfit to practice marriage

and family therapy.

2. An applicant may be denied a license, and a licensee may be suspended or revoked,

placed on supervised or unsupervised probation, required to take corrective action,

attend continuing education, or fined up to two hundred dollars per violation for the

reasons set forth in subsection 1. A licensee may not be disciplined under this section

except by majority vote of the full board, notwithstanding any other provision of this

chapter. The board may also charge the licensee with its reasonable expenses and

reasonable attorney's fees for any disciplinary matter resulting in disciplinary action.

3. Any person may file a complaint with the board seeking discipline of a licensee. The

complaint must be in a form prescribed by the board and must be verified under oath

by the complainant or a duly authorized officer of a complainant. If the board

determines that a complaint alleges facts that, if true, would require discipline of a

licensee, the board promptly shall institute a hearing. If the board determines a

complaint does not state facts warranting a hearing, the complaint may be dismissed.

The board may institute a hearing for discipline of a licensee on its own motion.

4. Any person may be permitted to intervene and participate in board hearings on denial,

suspension, or revocation of licenses upon a showing of an interest in such

proceeding.

5. Any individual who has been suspended or revoked may not apply to the board for

vacation of the suspension until the time specified in the board's order is complete or

for reinstatement of the license until one year after the board's order or such other time

as specified in the board's order is complete.
N.D. Cent. Code § 43-19.1-25 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-25
43-19.1-25. Disciplinary action - Revocations, suspensions, or reprimand
Status: in_force

43-19.1-25. Disciplinary action - Revocations, suspensions, or reprimand

The board may suspend, refuse to renew, or revoke the certificate of registration of and may

reprimand any registrant. These powers apply to any registrant who is found guilty of any of the

following:

1. The practice of any fraud or deceit in obtaining a certificate of registration.

2. Any gross negligence, incompetence, or misconduct in the practice of engineering or

land surveying.

3. Any offense determined by the board to have a direct bearing upon an individual's

ability to serve the public as a professional engineer and land surveyor; or when the

board determines, following conviction of any offense, that an individual is not

sufficiently rehabilitated under section 12.1-33-02.1.

4. The violation of the code of ethics adopted by the board.
N.D. Cent. Code § 43-51-10.1 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-10.1
43-51-10.1. Emergency rules - Emergencies or disasters
Status: in_force

43-51-10.1. Emergency rules - Emergencies or disasters

If a disaster or emergency is declared in this state, a board may adopt emergency rules

under chapter 28-32 which are contrary to title 43 if the rules are necessary to abate an

imminent peril that threatens the health, safety, or welfare of the public. Rules adopted under

this section are valid until thirty days after the end of the disaster or emergency declaration.
N.D. Cent. Code § 43-15-14 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-14
43-15-14. Unlawful practice of pharmacy
Status: in_force

43-15-14. Unlawful practice of pharmacy

1. Applicability. No person may engage in the practice of pharmacy unless licensed to

practice pharmacy under this chapter, except that a registered pharmacy technician

may perform specific tasks delegated by and under the immediate personal

supervision and control of a licensed pharmacist, as permitted under rules adopted by

the board. Physicians or other practitioners as defined in this chapter who are licensed

under the laws of this state may dispense and administer prescription drugs to their

patients in the practice of their respective professions if specifically authorized to do so

by state law.

2. Penalties. Any person who is found by the board to have unlawfully engaged in the

practice of pharmacy is subject to a fine to be imposed by the board not to exceed one

thousand dollars for each offense. Each violation of this chapter or the rules adopted

under this chapter pertaining to unlawfully engaging in the practice of pharmacy also

constitutes a class B misdemeanor.

3. A pharmacy or licensed pharmacist that utilizes the services of a registered pharmacy

technician as permitted by the board, may not be considered as aiding and abetting an

unauthorized person to practice pharmacy; provided, however, that the pharmacy or

licensed pharmacist must retain responsibility for any act performed by a registered

pharmacy technician in the course of the registered pharmacy technician's

employment.
N.D. Cent. Code § 43-04-49 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-49
43-04-49. Deceptive acts - Barber poles
Status: in_force

43-04-49. Deceptive acts - Barber poles

A person may not advertise, hold out to the public, or represent in any manner that the

person is authorized to practice barbering unless the person is authorized under this chapter to

practice barbering or authorized to employ or lease space to a barber. A person not authorized

to practice barbering or not authorized to employ or lease space to a barber may not place a

barber pole in a location that would create or tend to create the impression to members of the

general public that a business located near the barber pole is a barbershop unless the location

of the barber pole is related to a business authorized to operate a barbershop. As used in this

section, barber pole means a red, white, or blue striped vertical cylinder with a ball located on

the top, bottom, or top and bottom of the cylinder, or any object or facsimile of similar nature,

regardless of the actual shape or coloring, if the object or facsimile would tend to create an

impression to members of the general public that a business located near the object is a

barbershop.
N.D. Cent. Code § 43-20-01 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-01
43-20-01. Name of chapter
Status: repealed

43-20-01. Name of chapter

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-41-13 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-13
43-41-13. Bribery - False statements
Status: repealed

43-41-13. Bribery - False statements

Repealed by S.L. 2009, ch. 359, § 14.
N.D. Cent. Code § 43-23.1-09 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-09
43-23.1-09. Notice of filing - Registration - Fees
Status: in_force

43-23.1-09. Notice of filing - Registration - Fees

1. Upon receipt of the application for registration in proper form and of a registration fee

of one hundred dollars, the commission shall issue a notice of filing to the applicant.

Within ninety days from the date of the notice of filing, the commission shall enter an

order registering the subdivided lands or rejecting the registration. If no order of

rejection is entered within ninety days from the date of notice of filing, the land must be

deemed registered unless the applicant has consented in writing to a delay.

2. If the commission affirmatively determines, upon inquiry and examination, that the

requirements of section 43-23.1-08 have been met, it shall enter an order registering

the subdivided lands and shall designate the form of the public offering statement.

3. If the commission determines, upon inquiry and examination, that any of the

requirements of section 43-23.1-08 has not been met, the commission shall notify the

applicant that the application for registration must be corrected in the particulars

specified within ten days. If the requirements are not met within the time allowed, the

commission shall enter an order rejecting the registration which must include the

findings of fact upon which the order is based. The order rejecting the registration shall

not become effective for twenty days during which time the applicant may petition for

reconsideration and is entitled to a hearing.

4. Registration under this chapter is effective for a period of one year and may be

renewed for additional periods of one year by filing, not later than fifteen days prior to

the expiration of a registration, a renewal application in such form and containing such

information as the commission shall prescribe, together with the payment of a renewal

fee of one hundred dollars. The initial registration and any renewal fees may not be

returned or refunded for any reason.
N.D. Cent. Code § 43-26.1-12 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-12
43-26.1-12. Consumers' rights
Status: in_force

43-26.1-12. Consumers' rights

1. The public shall have access to the following information:

a. A list of physical therapists that includes place of practice, license number, date of

license, and expiration and status of license.

b. A list of physical therapist assistants licensed in the state, including place of

employment, license number, date of license, and expiration and status of

license.

c. The board's address and telephone number.

2. A patient has freedom of choice in selection of services and products.

3. Information relating to the physical therapist-patient relationship is confidential and

may not be communicated to a third party who is not involved in that patient's care

without the written authorization of the patient or as permitted by law.

4. Any person may submit a complaint to the board regarding any licensee, or any other

person potentially in violation of this chapter.
N.D. Cent. Code § 43-45-07 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-07
43-45-07. Renewal of license
Status: in_force

43-45-07. Renewal of license

1. All licenses are effective when granted by the board.

2. All licenses issued by the board expire on December thirty-first of every odd-numbered

year.

3. A license may be renewed by payment of the renewal fee and completion of the

continuing education requirements set by the board, provided the applicant's license is

not currently revoked or grounds for denial under section 43-45-07.1 do not exist.

4. At the time of renewal the board shall require each applicant to present satisfactory

evidence the applicant completed the continuing education requirements specified by

the board.

5. If the completed application for renewal is not received by December first of the

odd-numbered year, a late fee will be charged.

6. If the completed application for renewal is not received on or before the expiration

date, the license expires and the individual may not practice addiction counseling. The

license may be renewed within thirty days from the date of expiration of the license if

the completed application for renewal and the late fee are received within thirty days

from the date of expiration of the license.

7. If a completed application for renewal of license is not received within thirty days from

the date of expiration of the license, relicensure requires the former licenseholder to

reapply for licensure.

8. 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 § 43-13-23 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-23
43-13-23. Revocation of license - Notice
Status: repealed

43-13-23. Revocation of license - Notice

Repealed by S.L. 2019, ch. 349, § 6.
N.D. Cent. Code § 43-18-22 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-22
43-18-22. Local authorities report violations to board
Status: in_force

43-18-22. Local authorities report violations to board

Such local authority as may be designated by an ordinance of the municipality to issue

plumbing permits and licenses, and to approve plumbing plans, shall report to the board willful

violations of the state plumbing code and of any municipal ordinances regulating the same, and

any incompetence on the part of any registered and licensed plumber that comes to the

attention of the local authority.
N.D. Cent. Code § 43-17-24 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-24
43-17-24. Physicians licensure with the board
Status: in_force

43-17-24. Physicians licensure with the board

1. An applicant shall file with the executive director of the board a completed application

and shall pay to the executive director the application fee. No person may engage in

the practice of medicine in this state without a current license issued by the board.

2. Each licensee shall maintain a permanent electronic mail or mailing address with the

board to which all communications from the board to the licensee will be sent. A

licensee who changes the individual's electronic mail or mailing address shall notify

the board in writing of the new contact information within sixty days.

3. If a licensee fails to notify the board in writing of the changes as required by this

section after sixty days, the board may impose upon the licensee a fee not to exceed

one hundred dollars and may initiate disciplinary action against the licensee.
N.D. Cent. Code § 43-03-19 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-19
43-03-19. Renewal - Forfeiture
Status: in_force

43-03-19. Renewal - Forfeiture

1. A holder of a certificate of registration as an architect or a landscape architect shall

apply to renew the certificate and pay the associated renewal fee or a special fee

when due. Application for renewal must be accompanied by evidence satisfactory to

the board of compliance with this chapter. Failure of a certificate holder to timely renew

the certificate and pay the associated renewal fee before the expiration of the

certificate results in forfeiture of the certificate.

2. At least two months before the date of the expiration of a certificate of registration, the

secretary-treasurer shall notify the certificate holder of the upcoming expiration and at

least two weeks before the expiration date the secretary-treasurer shall notify any

outstanding certificate holders by certified mail, at the certificate holder's last-known

address, of the upcoming expiration and resulting forfeiture.
N.D. Cent. Code § 43-19.1-20 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-20
43-19.1-20. Certificates
Status: in_force

43-19.1-20. Certificates

The board shall issue a certificate of registration upon payment of the registration fee as

provided for in this chapter to any applicant who in the opinion of the board has met the

requirements of this chapter. Enrollment cards must be issued to those who qualify as engineer

interns or land surveyor interns. Certificates of registration must carry the designation

"professional engineer" or "professional land surveyor", must show the full name of the

registrant without any titles, must be numbered, and must be signed by the chairman and the

executive director under seal of the board. The issuance of a certificate of registration by the

board is prima facie evidence the individual named on the certificate is entitled to all rights and

privileges of a professional engineer or land surveyor during the term of which the certificate

providing the same has not been revoked or suspended.
N.D. Cent. Code § 43-10.1-07 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-07
43-10.1-07. Prosecution for violations of law
Status: in_force

43-10.1-07. Prosecution for violations of law

The commissioner may refer any evidence available concerning a violation of this chapter

or of any rule or order issued under this chapter to the appropriate criminal prosecutor who, with

or without the reference, may institute criminal proceedings under this chapter. The criminal

prosecutor may apply for and on due showing be issued the court's subpoena requiring the

appearance forthwith of any defendant and the defendant's agents, employees, partners,

officers, and directors, and the production of any documents, books, and records necessary for

the prosecution of the criminal proceedings.
N.D. Cent. Code § 43-49-06 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-06
43-49-06. Requisites for licensure
Status: in_force

43-49-06. Requisites for licensure

Any individual who is eighteen years of age or more shall submit an application for licensure

to the secretary-treasurer of the board. An applicant is entitled to be issued a license as a

reflexologist if the applicant:

1. Presents a diploma, certification, or completion credentials approved by the board

which meets or exceeds a minimum of one hundred hours.

2. Presents three character references.

3. Passes a practical and written examination in reflexology. If there is an applicant for

examination, the board shall conduct an examination at least once a year at a time

and place designated by the board. Examinations must be held in the state. An

applicant must receive a score of eighty percent or higher on the practical examination

and a seventy percent or higher on the written examination. The board shall notify the

applicant of the applicant's score. An applicant who fails to pass either the written or

practical examination is entitled to a re-examination on the portion that was failed upon

payment of an additional fee of fifty dollars or an amount established by the board.

4. Pays a licensing fee of one hundred fifty dollars or an amount set by the board.
N.D. Cent. Code § 43-13-28 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-28
43-13-28. Prohibitions
Status: in_force

43-13-28. Prohibitions

It is unlawful for any person who is not the holder of a license to practice optometry, to

engage in the practice of optometry, directly or indirectly, by employing or hiring upon a salary,

commission, or other profit-sharing arrangement a licensed optometrist except as permitted by

the rules and regulations of the board. The provisions of this section do not apply to a physician

licensed under chapter 43-17, a hospital, or a clinic operated by licensed optometrists or by

licensed physicians.
N.D. Cent. Code § 43-44-14 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-14
43-44-14. Renewal of license
Status: in_force

43-44-14. Renewal of license

Any license issued under this chapter expires one year after it is issued unless renewed in

the manner prescribed by the rules of the board. The board may provide for the late renewal of

a license upon the payment of a late fee in accordance with its rules, but no late renewal of a

license may be granted more than one year after its expiration.
N.D. Cent. Code § 43-01-11 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-11
43-01-11. Bonds or liability policy - Deductible policy permitted
Status: in_force

43-01-11. Bonds or liability policy - Deductible policy permitted

Before a certificate of authority may be issued, the applicant therefor shall file with the

secretary-treasurer of the board a surety bond in favor of the state, or an abstracter's liability

policy to be approved by the board as to form, sufficiency, and surety thereof and written by a

company authorized to write such insurance in this state, in a penal sum or limit of liability equal

to ten thousand dollars for each ten thousand inhabitants, or major fraction thereof, residing in

the county in which the applicant's office is maintained, as shown by the last official federal or

state census preceding the filing of the bond or abstracter's liability policy. Such bond, or

abstracter's liability policy, however, may not be less than one hundred thousand dollars. The

bond or liability policy must be conditioned for the payment by the abstracter of any liability

imposed upon the abstracter by law for damages arising from any claim against the abstracter

that may be sustained by or that accrues to any person by reason or on account of any

negligent act, error, or omission in any abstract or certificate of title, or continuation thereof,

made and issued by the abstracter. All surety bonds, liability policies, and evidence of annual

renewal of the bonds and policies must be filed with the secretary-treasurer of the board. All

abstracters' liability policies must be endorsed to provide that cancellation cannot be effected by

either the abstracter or the insurance company without ten days' written notice to the

abstracters' board of examiners. It is permissible under this section to file an abstracter's liability

policy in the deductible form, provided that the deductible provision may not exceed ten

thousand dollars.
N.D. Cent. Code § 43-41-01 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-01
43-41-01. Definitions
Status: reserved

43-41-01. Definitions

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

1. "Board" means the North Dakota board of social work examiners.

2. "Client" means the individual, couple, family, group, organization, or community that

seeks or receives social work services from an individual licensed social worker or an

organization, regardless of whether the licensed social worker or organization bills or

accepts or requests the payment of fees for the services.

3. "Clinical supervision for licensure" means an interactional professional relationship

between a clinical supervisor which meets the standards adopted by the board and a

social worker and which provides evaluation and direction over the supervisee's

practice of clinical social work in preparation for the social worker's licensure as a

licensed clinical social worker, in accordance with the requirements adopted by the

board, and promotes development of the social worker's knowledge, skills, and

abilities to engage in the practice of clinical social work in an ethical and competent

manner.

4. "Consultation" means an advisory professional relationship between a social worker

and an individual with particular expertise, with the social worker legally and ethically

maintaining responsibility for all judgments and decisions regarding service to the

client.

5. "Counseling" means a method used by a social worker to assist an individual, couple,

family, or group in learning how to solve problems and make decisions about personal,

health, social, educational, vocational, financial, and other interpersonal concerns.

6. "Electronic social work services" means the use of a computer, including the internet,

social media, online chat, text, and electronic mail, or other electronic means, such as

a wireless communications device, landline telephone, or video technology, to provide

information to the public, deliver social work services to a client, communicate with a

client, manage confidential information and case records, store and access information

about clients, and arrange payment for professional services.

7. "Licensed baccalaureate social worker" means an individual licensed under this

chapter to practice baccalaureate social work.

8. "Licensed clinical social worker" means an individual licensed under this chapter to

practice clinical social work.

9. "Licensed master social worker" means an individual licensed under this chapter to

practice masters social work.

10. "Private practice of social work" means the independent practice of social work by a

licensee who is practicing within that licensee's scope of practice, and who is

self-employed on a full-time or part-time basis and is responsible for that independent

practice. Consultation services provided to an organization or an agency are not

considered to be the private practice of social work.

11. "Psychotherapy" means the use of treatment methods utilizing a specialized, formal

interaction between a licensed clinical social worker and an individual, couple, family,

or group in which a therapeutic relationship is established, maintained, and sustained

to understand unconscious processes; intrapersonal, interpersonal, and psychosocial

dynamics; and the assessment, diagnosis, and treatment of mental, emotional, and

behavioral disorders, conditions, or addictions.

12. "Social work case management" means a method to plan, provide, evaluate, and

monitor services by a licensed social worker from a variety of resources on behalf of

and in collaboration with a client.

13. "Social work practice" means the application of social work theory, knowledge,

methods, ethics, and the professional use of self to restore or enhance social,

psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,

organizations, and communities. The scope of practice for licensees of the board

consist of the following:

a. The practice of baccalaureate social work, which includes the application of social

work theory, knowledge, methods, ethics, and the professional use of self to

restore or enhance social, psychosocial, or biopsychosocial functioning of

individuals, couples, families, groups, organizations, and communities.

Baccalaureate social work is generalist practice that includes assessment,

planning, implementation, intervention, evaluation, research, social work case

management, information and referral, counseling, supervision, consultation,

education, advocacy, community organization, and the development,

implementation, and administration of policies, programs, and activities.

b. The practice of masters social work, which includes, in addition to the practice of

baccalaureate social work, the application of specialized knowledge and

advanced practice skills in the areas of assessment, treatment planning,

implementation, intervention, evaluation, social work case management

information and referral, counseling, supervision, consultation, education,

research, advocacy, community organization, and the development,

implementation, and administration of policies, programs, and activities. Under

the supervision of a licensed clinical social worker, the practice of masters social

work may include the practices reserved to licensed clinical social workers.

c. The practice of clinical social work, which includes, in addition to the practice of

baccalaureate social work and the practice of masters social work, the application

of specialized clinical knowledge and advanced clinical skills in the areas of

assessment, treatment planning, implementation and evaluation, social work

case management information and referral, counseling, supervision, consultation,

education, research, advocacy, community organization, the development,

implementation, intervention, and administration of policies, programs, and

activities, and the diagnosis and treatment of mental, emotional, and behavioral

disorders, conditions, and addictions. Treatment methods include the provision of

individual, marital, couple, family, and group counseling and psychotherapy. The

practice of clinical social work may include the provision of clinical supervision.
N.D. Cent. Code § 43-28-26 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-26
43-28-26. Punishment for misdemeanors
Status: repealed

43-28-26. Punishment for misdemeanors

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 43-23.1-11 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-11
43-23.1-11. General powers and duties
Status: in_force

43-23.1-11. General powers and duties

1. The commission has the authority to promulgate, to amend, and to repeal reasonable

rules and regulations for the administration and enforcement of this chapter. Such

rules and regulations must include, but not be limited to, provisions for advertising

standards to assure full and fair disclosure; provisions for escrow or trust agreements

or other means to assure that all improvements referred to in the application for

registration and advertising will be completed and that purchasers will receive the

interest in land for which they contracted; provisions for operating procedures; and

such other rules and regulations as are necessary or proper to accomplish the

purposes of this chapter.

2. All advertising material of any nature whatsoever prepared for use in connection with

the offer and disposition of any interests in subdivided lands registered under this

chapter must be submitted to and approved by the commission prior to its use.

3. As a condition precedent to the registration of any subdivided lands, the commission

shall require that the subdivider file an indemnity bond running to the state of North

Dakota for the use, benefit, and protection of any person and conditioned for the

faithful compliance by the subdivider, the subdivider's agents and employees with all of

the provisions of this chapter, and with all rules, regulations, and orders made

pursuant thereto and for the faithful performance and payment of all obligations of the

subdivider, the subdivider's agents and employees in connection with the registration.

The indemnity bond must be of such type and in such form as must be prescribed by

the commission and must be in such amount as the commission deems necessary to

protect purchasers when the volume of business of the subdivider and other relevant

factors are taken into consideration, but in no event less than twenty-five thousand

dollars. Any such bond must have as surety thereon a surety company authorized to

do business in this state.

4. Whenever it appears that a person has engaged or is about to engage in acts or

practices which constitute or will constitute a violation of the provisions of this chapter

or of a rule or regulation or order hereunder, the commission, with or without prior

administrative proceedings, may bring an action in any district court to enjoin the acts

or practices and to enforce compliance with this chapter or any rule or regulation or

order hereunder. Upon a proper showing, a permanent or temporary injunction or

restraining order must be granted without bond.

5. The commission may intervene in a suit involving subdivided lands. In any suit by or

against a subdivider involving subdivided lands, the subdivider promptly shall furnish

the commission notice of the suit and copies of all pleadings.

6. The commission may:

a. Accept registrations filed in other states or with the federal government;

b. Contract with similar agencies in this state or other jurisdictions to perform

investigative functions; and

c. Accept grants-in-aid from any source.

7. The commission shall cooperate with similar agencies in other jurisdictions to establish

uniform filing procedures and forms, uniform public offering statements, advertising

standards, rules and regulations, and common administrative practices.

8. The commission may exempt a subdivision of ten or fewer lots, parcels, units, or

interests from the provisions of this chapter if it determines that the plan of promotion

and disposition is primarily directed to persons in the local community in which the

subdivision is located.
N.D. Cent. Code § 43-18-17 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-17
43-18-17. Renewal of license - Fee
Status: in_force

43-18-17. Renewal of license - Fee

A certificate and license issued under the provisions of this chapter is valid for only one year

and expires on the thirty-first day of December of the year in which it was issued. The certificate

must be renewed by the board upon application made within thirty days after the expiration

thereof and on the payment of a sum not to exceed two hundred dollars for a master plumber's

certificate and license, and the sum of one hundred dollars for a journeyman plumber's

certificate and license. The board, when the condition of its fund permits and when in its

judgment it is deemed advisable, may reduce the amount of the renewal fees, but it may not

increase the same above the amount specified in this section. Any such change must be

adopted by the board to take effect on the first day of January following its action and applies to

all renewals in the classes specified in the ruling.
N.D. Cent. Code § 43-23.5-17 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-17
43-23.5-17. Requirement of appraisal management company's payment to appraiser
Status: in_force

43-23.5-17. Requirement of appraisal management company's payment to appraiser

1. An appraisal management company shall, except in bona fide cases of breach of

contract or substandard performance of services, make payment to an independent

appraiser for the completion of an appraisal or valuation assignment within forty-five

days of the date on which the appraiser transmits or otherwise provides the completed

appraisal or valuation assignment to the company or its assignee unless a mutually

agreed-upon alternate arrangement has been previously established.

2. An appraisal management company seeking to be registered or to renew an existing

registration in this state shall certify that the company will require appraisals to be

conducted independently as required by the appraisal independence standards under

section 129E of the Truth in Lending Act, including the requirements of payment or a

reasonable and customary fee to independent appraisers when the appraisal

management company is providing services for a consumer credit transaction secured

by the principal dwelling of a consumer.
N.D. Cent. Code § 43-31-15 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-15
43-31-15. Exemptions
Status: in_force

43-31-15. Exemptions

The provisions of this chapter do not apply to any examiner in the exclusive employment of

the United States of America or any department, bureau, or agency thereof.
N.D. Cent. Code § 43-10-16.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-16.1
43-10-16.1. Expiration of suspended license - Renewal
Status: in_force

43-10-16.1. Expiration of suspended license - Renewal

A suspended license is subject to expiration and must be renewed as provided in this

chapter, but the renewal does not entitle the holder of the license, while it remains suspended

and until it is reinstated, to engage in the activity to which the license relates.
N.D. Cent. Code § 43-23.3-04.1 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-04.1
43-23.3-04.1. Issuance of permits to applicants licensed or certified by another state
Status: in_force

43-23.3-04.1. Issuance of permits to applicants licensed or certified by another state

The board shall issue a permit to an applicant who is licensed or certified in good standing

by another state if the other state's requirements to be licensed or certified are at least

substantially equivalent to the requirements imposed by this state, and if grounds for denial of

the application under section 43-23.3-18 do not exist. Within sixty days of filing a completed

application, the board shall issue or deny the application and inform the applicant of the

decision.
N.D. Cent. Code § 43-04-27 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-27
43-04-27. Barber school must have permit
Status: in_force

43-04-27. Barber school must have permit

It shall be unlawful for any person, firm, corporation, or limited liability company to operate a

barber school or barber college without first obtaining a permit from the state board of barber

examiners, fully complying with the provisions of this chapter and paying an annual fee for the

operation thereof.
N.D. Cent. Code § 43-23.1-12 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-12
43-23.1-12. Fraudulent practices
Status: in_force

43-23.1-12. 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 application, financial statement, 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 the light of the circumstances

under which they are made, not misleading;

2. For any person, in connection with the offer, disposition, or purchase of subdivided

lands, directly or indirectly, to employ any device, scheme, or artifice to defraud;

3. For any person, in connection with the offer, disposition, or purchase of subdivided

lands, 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; or

4. For any person, in connection with the offer, disposition, or purchase of subdivided

lands, directly or indirectly, to engage in any act, practice, or course of business which

operates or would operate as a fraud or deception upon purchasers or the public.
N.D. Cent. Code § 43-15-36 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-36
43-15-36. Board shall make rules and regulations governing permits - Prescribe equipment necessary
Status: in_force

43-15-36. Board shall make rules and regulations governing permits - Prescribe

equipment necessary.

The rules and regulations relating to the granting, revocation, and renewal of a permit must

be adopted and become effective only upon the affirmative vote of a majority of the members of

the board. The board shall prescribe the minimum of technical equipment which a pharmacy at

all times must possess.
N.D. Cent. Code § 43-23.3-16 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-16
43-23.3-16. Action for fee
Status: in_force

43-23.3-16. Action for fee

No claim for relief may be instituted in any court of this state for compensation for an act

done or service rendered as an apprentice, licensed, or certified appraiser unless the appraiser

held a permit to practice under this chapter at the time of offering to perform the act or service or

procuring a promise to contract for the payment of compensation for a contemplated act or

service as an apprentice, licensed, or certified appraiser.
N.D. Cent. Code § 43-18.1-04 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-04
43-18.1-04. Licenses - Examination - Fees - Apprentices
Status: in_force

43-18.1-04. Licenses - Examination - Fees - Apprentices

1. No person, firm, corporation, or limited liability company, except plumbers holding valid

licenses pursuant to chapter 43-18, shall engage in the business of water conditioning

contractor or water conditioning installer in any incorporated city of this state having a

system of waterworks or sewage unless registered and licensed to do so by the board.

Installation and repair of water conditioning equipment shall be done by the person

holding a water conditioning installer's license.

2. The board shall hold not less than one public meeting per year for the purpose of

examination of persons who may desire to become registered and licensed in the

water conditioning business pursuant to this chapter. Notice and time of such

examination shall otherwise be in accordance with section 43-18-12 and the

examination provided for herein may be held in conjunction with the examination

provided for in chapter 43-18.

3. Examination for licenses and registration shall be upon application as prescribed by

the board and payment of the examination fee. Such fee shall be forty dollars and

twenty dollars for registration and licensure as a water conditioning contractor and

water conditioning installer, respectively. If the holder of an installer's license is also a

contractor, the fee shall be forty dollars. The examination shall be as prescribed by the

board but shall be limited to the installation and repair of water conditioning equipment

as such relates to plumbing. The issuance of licenses and registrations hereunder

shall be as prescribed by the board which shall be guided in such actions by the

provisions of section 43-18-13.

4. An apprentice may be employed by any licensee under this chapter. When so

employed the apprentice shall perform the apprentice's employment under the direct

supervision of the licensee and when engaged in installation or repair pursuant to this

chapter the apprentice shall be under the direct supervision of a licensed installer.

Upon employment and termination of employment the name of the apprentice and the

apprentice's employer shall be communicated to the board.
N.D. Cent. Code § 43-13-02 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-02
43-13-02. Persons exempt from provisions of chapter
Status: in_force

43-13-02. Persons exempt from provisions of chapter

The provisions of this chapter do not apply to the following persons:

1. Persons who sell spectacles, eyeglasses, or other articles of merchandise without

attempting to practice optometry.

2. Student interns who are currently enrolled in an optometry school or college accredited

by the accreditation council on optometric education of the American optometric

association, or its successor agency, or who have graduated no more than six months

prior, and are under the immediate and direct supervision of a licensed optometrist.

3. Physicians and surgeons licensed under chapter 43-17.
N.D. Cent. Code § 43-11-19 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-19
43-11-19. Students - Registration
Status: in_force

43-11-19. Students - Registration

1. A student must:

a. Adhere to the laws and rules regarding the practice of cosmetology;

b. Be at least sixteen years old;

c. Complete at least a tenth grade education or equivalent; and

d. Have enrolled in a school of cosmetology and complied with the preliminary

requirements of the school.

2. A student registration form for each student must be submitted to the board office by

each school of enrollment. The registration form must be accompanied by the fee for

each student in an amount determined by the board under section 43-11-28.
N.D. Cent. Code § 43-15-31.4 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.4
43-15-31.4. Limited prescriptive practices
Status: in_force

43-15-31.4. Limited prescriptive practices

1. A pharmacist has limited prescriptive practices to initiate or modify drug therapy

following diagnosis or established protocols by a licensed physician or an advanced

practice registered nurse, under the supervision of the licensed physician or advanced

practice registered nurse, in accordance with this section. The licensed physician,

advanced practice registered nurse, and the pharmacist must have access to the

patient's appropriate medical records. The care provided to the patient by the

pharmacist must be recorded in the patient's medical records and communicated to

the licensed physician or the advanced practice registered nurse.

2. The licensed physician or advanced practice registered nurse, and the pharmacist,

shall prepare a collaborative agreement concerning the scope of the pharmacist's

prescriptive practices and shall update the agreement if the scope of the pharmacist's

prescriptive practices is modified. The collaborative agreement, or an amendment to

the agreement, is effective if executed by the licensed physician or advanced practice

registered nurse, and the pharmacist.

3. The collaborative agreement may be between a medical director and

pharmacist-in-charge. The medical director and pharmacist-in-charge shall document

and update the agreement for any physician, advanced practice registered nurse, and

pharmacist covered under the agreement.

4. A collaborative agreement must be made available to the respective licensing boards

of the parties to the agreement.

5. The collaborative agreement must include a provision that requires the pharmacist to

immediately notify the licensed physician or advanced practice registered nurse if the

pharmacist initiates or modifies a drug therapy.
N.D. Cent. Code § 43-53-04 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-04
43-53-04. Marriage and family therapy licensure board
Status: in_force

43-53-04. Marriage and family therapy licensure board

1. The North Dakota marriage and family therapy licensure board consists of five

members. The governor shall appoint the board members to serve terms of four years,

except for those first appointed one member must continue in office for two years, two

for three years, and two, including the chairman, for four years.

2. The governor shall appoint members of the board from among individuals who meet

the following qualifications:

a. At least three members must be licensed practicing marriage and family

therapists; and each must have been for at least five years immediately

preceding appointment actively engaged as marriage and family therapists in

rendering professional services in marriage and family therapy; in the education

and training of master's, doctoral, or postdoctoral students of marriage and family

therapy; or in marriage and family therapy research. A member under this

subdivision must have spent the majority of the time devoted by that member to

such activity during the two years preceding appointment residing in this state.

b. At least one member must be a representative of the general public and may not

have any direct affiliation with the practice of marriage and family therapy or

another mental health profession.

c. The initial appointees, with the exception of any representative of the general

public, are deemed to be and become licensed practicing marriage and family

therapists immediately upon appointment and qualification as members of the

board.

3. The governor shall nominate a new member to fill a vacancy on the board within thirty

days of the vacancy. A member chosen to fill a board vacancy must be appointed for

the unexpired term of the board member whom that member is succeeding. Upon the

expiration of a member's term of office, a board member shall continue to serve until a

successor is appointed. An individual may not be appointed more than once to fill an

unexpired term or appointed to more than two consecutive full terms. A member may

not serve as chairman for more than four years. The appointment of any member of

the board automatically terminates thirty days after the date the member is no longer a

resident of this state.

4. The governor may remove any member of the board or the chairman from the position

as chairman for neglect of duty or malfeasance or conviction of a felony or crime of

moral turpitude while in office, but for no other reason. A member may not be removed

until after a hearing on the charges and at least thirty days' prior written notice to such

accused member of the charges and of the date fixed for such hearing.

5. A board member may not participate in any matter before the board in which that

member has a pecuniary interest, personal bias, or other similar conflict of interest. A

board member shall serve without compensation but is entitled to be reimbursed for

the member's actual and necessary expenses incurred in the performance of official

board business.
N.D. Cent. Code § 43-13-13.3 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-13.3
43-13-13.3. Standard of care
Status: in_force

43-13-13.3. Standard of care

An optometrist certified by the board in the use of pharmaceutical agents as provided in this

chapter must be held to the same standard of care in the use of such agents as are physicians

licensed by the North Dakota board of medicine.
N.D. Cent. Code § 43-31-07 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-07
43-31-07. Qualifications of applicant
Status: in_force

43-31-07. Qualifications of applicant

An individual is qualified to receive a license as an examiner if the applicant:

1. Is at least twenty-one years of age.

2. Within the last five years has not pled guilty or nolo contendere to, been found guilty

of, or been released from incarceration or probation for, violation of a law of the United

States which is a felony offense or any state or local ordinance that is a felony offense.

3. Following conviction or release from incarceration or probation, is determined,

pursuant to section 12.1-33-02.1, to be rehabilitated.

4. Has not been released or discharged under other than honorable conditions from any

of the armed services of the United States.

5. Has satisfactorily completed a polygraph examiners course certified by either the

American polygraph association or the American association of police polygraphists, or

approved by the attorney general.

6. Has satisfactorily completed not less than six months of internship training under the

supervision of a licensed polygraph examiner.
N.D. Cent. Code § 43-47-08 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-08
43-47-08. Complaints - Investigations
Status: in_force

43-47-08. Complaints - Investigations

1. A person aggrieved by the actions of a counselor licensed under this chapter may file

a written complaint with the board citing the specific allegations of misconduct by the

counselor. The board shall notify the counselor of the complaint and require a written

response from the counselor. Neither the initial complaint nor the counselor's response

is public record. The counselor's response must be made available to the complainant.

2. A counselor who is the subject of an investigation by the board shall cooperate fully

with the investigation. Cooperation includes responding fully and promptly to any

reasonable question raised by or on behalf of the board relating to the subject of the

investigation, and providing copies of patient records when reasonably requested by

the board and accompanied by the appropriate release.

3. In order to pursue the investigation, the board may subpoena and examine witnesses

and records, including patient records, and copy, photograph, or take samples. It may

require the counselor to give statements under oath, submit to a physical or

psychological examination, or both, by a physician or physicians or other qualified

evaluation professionals selected by the board if it appears to be in the best interest of

the public that this evaluation be secured. A written request from the board constitutes

authorization to release information. Patient records that are released to the board are

not public records.

4. After review of the complaint, the counselor's response, and information obtained in

the investigation, the board shall determine if there is a reasonable basis to believe

that the allegations are true and that the allegations constitute a violation of this

chapter or the rules of the board. If the board determines that there is a reasonable

basis to believe that the allegations are true and that the allegations constitute a

violation of this chapter or the rules of the board, the board shall take appropriate

action. If a reasonable basis is not found by the board, the board shall so notify the

complaining party and the counselor in writing.

5. Unless there is a patient release on file allowing the release of information at the public

hearing, patient records acquired by the board in its investigation are confidential and

closed to the public. All portions of board meetings wherein patient testimony or

records are taken or reviewed are confidential and closed to the public. If no patient

testimony or records are taken or reviewed, the remainder of the meeting is an open

meeting unless a specific exemption is otherwise applicable.
N.D. Cent. Code § 43-44-20 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-20
43-44-20. Limited practice without a license
Status: in_force

43-44-20. Limited practice without a license

Upon prior written application to the board, a foreign practitioner practicing under this

section may provide medical nutrition therapy or nutrition care services for the purpose of

treating or managing a disease or medical condition in this state under section 43-51-05 if the

practitioner is acting within the scope of practice designated by the foreign practitioner's license

and by this title without obtaining a license from the board if the services are provided for no

more than thirty full or partial days per year. The one-year period commences on the date the

written application is approved by the board. An application from a foreign practitioner under this

section must include verified documentation from the appropriate licensing authority which

identifies the requirements for licensure in that jurisdiction and which confirms that the

practitioner is licensed and in good standing in that jurisdiction and any other information

requested by the board. The board may require payment of a fee of twenty-five dollars or other

fee established by the board by administrative rule, not to exceed the higher of twenty-five

dollars or one-tenth of the fee for an annual license from the board, as a condition of approving

an application under this section. A foreign practitioner is subject to the regulatory and

disciplinary provisions of section 43-51-08 and this chapter.
N.D. Cent. Code § 43-09-02 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-02
43-09-02. State electrical board - Members - Terms of office - Vacancies
Status: in_force

43-09-02. State electrical board - Members - Terms of office - Vacancies

The state electrical board must consist of six members appointed by the governor for a term

of five years. One member of the board shall represent the public and may not be directly

associated with the electrical industry. The board must include a master electrician who is a

contractor, a journeyman electrician, a consumer member of a rural electric cooperative, an

elevator mechanic, and a person associated with an investor-owned utility. A 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. The governor shall fill any vacancy by

appointment for the unexpired term of office.
N.D. Cent. Code § 43-13-08 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-08
43-13-08. Executive director of board - Compensation
Status: in_force

43-13-08. Executive director of board - Compensation

The executive director of the board shall receive for clerical expenses and other expenses

of the board an allowance, and a salary or other compensation, as the board shall determine.
N.D. Cent. Code § 43-02.2-18 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-18
43-02.2-18. Uniform statute of limitations
Status: in_force

43-02.2-18. Uniform statute of limitations

1. a. This section applies to all causes of action of the type specified in this section

filed on or after August 1, 1993.

b. This section governs any action based on negligence or breach of contract

brought against any accountant, any partnership of accountants, any accounting

corporation, or any other legal entity of accountants registered, licensed, or

practicing in this state by any person or entity claiming to have been injured as a

result of financial statements or other information examined, compiled, reviewed,

certified, audited, or otherwise reported or opined on by the defendant accountant

as a result of an engagement to provide public accounting services.

2. An action covered by this section may not be brought in any court in this state unless

the suit is commenced on or before the earlier of:

a. Two years from the date the alleged act, omission, or neglect is discovered or

should have been discovered by the exercise of reasonable diligence; or

b. Six years after the service for which the suit is brought has been performed or the

date of the initial issuance of the accountant's report on the financial statements

or other information, whichever comes first.
N.D. Cent. Code § 43-01-08 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-08
43-01-08. Records of board
Status: in_force

43-01-08. Records of board

The board shall keep a register wherein it shall enter the name of each applicant for

registration under the provisions of this chapter, with the applicant's place of residence and such

other information as may be appropriate, and the board shall cause to be entered therein the

action taken upon the application and the date upon which a certificate of registration was

issued or the application denied.
N.D. Cent. Code § 43-18-10 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-10
43-18-10. Firm engaged in installing plumbing to employ master plumber - Exceptions
Status: in_force

43-18-10. Firm engaged in installing plumbing to employ master plumber -

Exceptions.

No person, firm, corporation, or limited liability company shall engage in the business of

installing plumbing and shall not install plumbing in connection with the dealing in and selling of

plumbing materials and supplies in any location of this state having a public system of

waterworks or sewerage, unless at all times a registered and licensed master plumber, who is

responsible for the proper installation thereof, is in charge of such work. In cities of less than

one thousand population and in all rural areas, a licensed journeyman plumber may engage in

the business of installing plumbing.
N.D. Cent. Code § 43-29-17 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-17
43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy
Status: in_force

43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy

1. An individual is guilty of a class B misdemeanor if the individual:

a. Practices veterinary medicine in this state without compliance with the provisions

of this chapter;

b. Willfully and falsely claims or pretends to have or hold a license or temporary

license issued by the board; or

c. Willfully and falsely, with intent to deceive the public, claims or pretends to be a

graduate of, or to hold a degree or diploma from a program of veterinary medicine

approved by the board.

2. In addition to the criminal penalty provided, the civil remedy of injunction is available to

restrain and enjoin violations of any provisions of this chapter without proof of actual

damages sustained by an individual, upon application and unanimous vote of all

members of the board.
N.D. Cent. Code § 43-62-15 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-15
43-62-15. Scope of practice
Status: in_force

43-62-15. Scope of practice

1. A license issued by the board under this chapter must specify each medical imaging or

radiation therapy modality for which the licensee is qualified to practice under section

43-62-14.

2. The board shall adopt by rule standards concerning scope of practice for medical

imaging and radiation therapy modalities, including:

a. Nuclear medicine technologist;

b. Radiation therapist;

c. Radiographer;

d. Radiologist assistant;

e. Sonographer;

f. Magnetic resonance imaging technologist; and

g. Limited x-ray machine operator.

3. A licensee's performance of medical imaging or radiation therapy on humans for

diagnostic or therapeutic purposes must be by written, facsimile, electronic, or verbal

prescription of an individual authorized by this state to prescribe medical imaging or

radiation therapy and must be under the supervision of a licensed practitioner.

4. A licensee's performance of medical imaging and radiation therapy on humans for

diagnostic or therapeutic purposes is limited to the scope of the medical imaging and

radiation therapy modality of that license as specified under the rules adopted by the

board.
N.D. Cent. Code § 43-47-07 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-07
43-47-07. Disciplinary proceedings
Status: in_force

43-47-07. Disciplinary proceedings

The board may deny, refuse to renew, suspend, or revoke any license issued under this

chapter upon finding by a preponderance of the evidence that the applicant or licenseholder:

1. Has been convicted of an offense determined by the board to have a direct bearing

upon the individual's ability to practice counseling and is not sufficiently rehabilitated

as determined by the board in accordance with section 12.1-33-02.1;

2. Has been grossly negligent in the practice of counseling and has injured a client or

other person to whom the individual owed a duty; or

3. Has violated any rule of the board.
N.D. Cent. Code § 43-11-37 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-37
43-11-37. Inspections of establishments, independent licensees, and schools
Status: in_force

43-11-37. Inspections of establishments, independent licensees, and schools

1. Each new establishment, independent licensee, and school must be inspected by the

board or the board's designee to determine compliance with the laws, rules, and

regulations of this chapter as determined by the board.

2. Each establishment, independent licensee, and school must be subject to routine

inspections as determined by the board.

3. An establishment, independent licensee, or school may be subject to additional

inspections if the establishment, independent licensee, or school:

a. Had a violation in a previous inspection;

b. Changed ownership;

c. Did not timely renew the license; or

d. Is on probation because of disciplinary action from the board.

4. A reinspection fee, determined by the board, may be charged for additional inspections

under subsection 3.

5. Inspections must be made during the establishment's regular hours of operation, or

anytime the instruction or practice of cosmetology, esthetics, advanced esthetics, or

manicuring is conducted, unless otherwise agreed by all interested persons.

6. Inspections may be authorized by the board or its executive director and the

authorized inspection may be conducted with or without notice to the licensee.
N.D. Cent. Code § 43-10-12 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-12
43-10-12. Examinations - Subjects covered - Written - Record
Status: in_force

43-10-12. Examinations - Subjects covered - Written - Record

The examination for a license to practice funeral service must be in writing and must cover

the following subjects:

1. Anatomy.

2. Embalming.

3. Bacteriology.

4. Chemistry.

5. Pathology.

6. Mortuary management.

7. Restorative arts.

8. Rules of the department of health and human services and the board governing the

practice of funeral service.

9. Other subjects that may be required by the board.

All examination papers must be kept on record by the board for a period of not less than three

years.
N.D. Cent. Code § 43-05-16.8 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.8
43-05-16.8. Loan for litigation expenses
Status: in_force

43-05-16.8. Loan for litigation expenses

Subject to approval by the emergency commission, the board may borrow funds sufficient to

pay for attorney's fees and costs incurred in investigations, administrative proceedings, and

litigation resulting from the board performing its duties. Notwithstanding section 43-05-15, the

board may establish an annual renewal license fee for each year following the issuance of a

loan under this section, and the fee must be maintained until the loan is fully repaid, including

any accrued interest. The amount of the annual renewal license fee assessed under this section

may not exceed one thousand five hundred dollars. Once the loan is paid in full, the annual

renewal license fee must revert to the amount established by the board before the issuance of

the loan. The notice of a proposed rule to assess the fee in this section or revert to the previous

license fee may be sent by certified mail to each individual licensed by the board in lieu of the

publication requirements for the notice in chapter 28-32.
N.D. Cent. Code § 43-18-11 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-11
43-18-11. License required - Exception for homeowner and full-time employee
Status: in_force

43-18-11. License required - Exception for homeowner and full-time employee

No person, firm, corporation, or limited liability company shall engage in the business of a

master plumber, journeyman plumber, or plumber's apprentice in any location of this state

having a public system of waterworks or sewerage unless registered and licensed to do so by

the board. Anyone not so licensed may do plumbing work which complies with the provisions of

the minimum standards prescribed by the board on premises or that part of premises owned

and actually occupied by the person as a residence, or may do plumbing repair on premises

where the person is employed in full-time maintenance work, unless otherwise forbidden to do

so by a local ordinance. Public water system employees may install and maintain service lines

and water meters on premises served by the water system.
N.D. Cent. Code § 43-28-05 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-05
43-28-05. Meeting of board - Officers - Bond - Compensation of members - Quorum
Status: in_force

43-28-05. Meeting of board - Officers - Bond - Compensation of members - Quorum

1. The board shall hold a regular annual meeting at a place designated by the board and

special meetings when necessary. The board shall elect from its members:

a. A president;

b. A president-elect; and

c. A secretary-treasurer.

2. Each member of the board shall receive as compensation for each day actually

engaged in the duties of the office per diem at a rate established by the board and

reimbursement for expenses as provided in section 54-06-09 while attending meetings

of the board. The executive director may be paid an annual salary in an amount

determined by the board.
N.D. Cent. Code § 43-29-08 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-08
43-29-08. Certificate of qualification issued to applicants passing examination - Conclusiveness of certificate - Re-examination
Status: repealed

43-29-08. Certificate of qualification issued to applicants passing examination -

Conclusiveness of certificate - Re-examination.

Repealed by S.L. 1997, ch. 376, § 12.
N.D. Cent. Code § 43-15.3-10 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-10
43-15.3-10. Retail medical gas retailers - Reciprocity
Status: in_force

43-15.3-10. Retail medical gas retailers - Reciprocity

1. A person may not sell or deliver medical gases and related medical equipment directly

to a consumer unless licensed by the board as a retail medical gas retailer.

a. As a term of licensure under this section, a licensee shall employ or contract with

an in-state licensed respiratory therapist or other health care professional

authorized by that professional's practice act to prescribe or administer the

medical gases and related medical equipment. The applicant shall furnish on the

application the name and license number of the individual or licensee the

applicant employees or with which the applicant contracts. Within thirty days of a

change, a retailer shall provide the board with notice of any change in the

licensee.

b. A retail medical gas retailer may sell or deliver to a patient's home medical gases

and related equipment in accordance with a practitioner's prescription or drug

order. The retail medical gas retailer shall keep the original drug order or an

electronic copy of each drug order at the licensed location or must have available

for inspection an electronic copy of the original drug order or electronic copy of

the drug order. A prescription or drug order is not valid after one year, except a

prescription or order for maintenance equipment may be perpetual. A retail

medical gas retailer shall maintain a prescription or drug order for five years.

2. An out-of-state retail medical gas retailer or a principal or agent of the retailer may not

conduct business in this state unless the retailer is licensed by the board as a retail

medical gas retailer, paid the fee required by the board, and is registered with the

secretary of state. An applicant shall submit an application for a license on a form

furnished by the board and the application must be accompanied by a copy of the

certificate of authority from the secretary of state. The issuance of a license under this

section does not change or affect tax liability imposed by this state on an out-of-state

medical gas retailer.

3. The board may adopt rules that permit an out-of-state retail medical gas retailer to

obtain a license on the basis of reciprocity if the retailer possesses a valid license

granted by another jurisdiction and the legal standards for licensure in the other

jurisdiction are comparable to the standards under this chapter and if the other

jurisdiction extends reciprocity to retail medical gas retailers licensed in this state.

However, if the requirements for licensure under this chapter are more restrictive than

the standards of the other jurisdiction, the out-of-state retail medical gas retailer shall

comply with the additional requirements of this chapter to obtain a license under this

chapter.
N.D. Cent. Code § 43-33-05 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-05
43-33-05. License by experience
Status: repealed

43-33-05. License by experience

Repealed by S.L. 1991, ch. 474, § 17.
N.D. Cent. Code § 43-29-07.4 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-07.4
43-29-07.4. Indirect practice without a license - Foreign practitioners
Status: in_force

43-29-07.4. Indirect practice without a license - Foreign practitioners

A foreign practitioner may provide veterinary services in this state which fall within the scope

of practice designated by the foreign practitioner's license and by this chapter without obtaining

a license from the board if the services are provided through telehealth and are a continuation of

an existing veterinarian-client-patient relationship as established under this chapter.
N.D. Cent. Code § 43-31-12 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-12
43-31-12. Appeal from decision
Status: in_force

43-31-12. Appeal from decision

The district court of the county wherein the accused person resides has power to review

any order of revocation or suspension and all questions of law and fact thereon provided

application therefor is made by either party within thirty days from the date of service of such

order.
N.D. Cent. Code § 43-25-17 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-17
43-25-17. Practitioners at time chapter becomes effective
Status: repealed

43-25-17. Practitioners at time chapter becomes effective

Repealed by S.L. 1961, ch. 291, § 2.
N.D. Cent. Code § 43-49-04 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-04
43-49-04. Duties of the secretary-treasurer - Compensation - Expenses of the board
Status: in_force

43-49-04. Duties of the secretary-treasurer - Compensation - Expenses of the board

The secretary-treasurer of the board shall:

1. Keep a record of:

a. The name, address, electronic mail address, if available, and phone number of

every person who is licensed to practice in the state;

b. The license number and date of issuance of the license for each licensed

reflexologist;

c. The renewal date of each license;

d. Record of payments received; and

e. Other information as required by the board.

2. Furnish, upon demand, any person a certified copy of records upon payment of a ten

dollar fee plus twenty-five cents for each page copied.

3. Prepare and submit to the governor a detailed annual report on the income and

expenses of the board and a list of licensed reflexologists.
N.D. Cent. Code § 43-04-46 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-46
43-04-46. Board may institute actions
Status: in_force

43-04-46. Board may institute actions

The board may institute such actions in the courts of competent jurisdiction as may appear

necessary to enforce compliance with any provision of this chapter, or to enforce compliance

with any rule, subpoena, or order of the board made pursuant to the provisions of this chapter,

and, in addition to any other remedy, may apply to any district court of competent jurisdiction for

relief by injunction.
N.D. Cent. Code § 43-32-30 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-30
43-32-30. Persons exempt from this chapter
Status: in_force

43-32-30. Persons exempt from this chapter

This chapter does not apply to:

1. A student or intern pursuing a course of study in psychology or

industrial-organizational psychology at a school or college, if the activities and services

are a part of the individual's supervised course of study and are under the supervision

of a licensed psychologist who meets the required supervision and continuing

education requirements and demonstrates competency in the area of the student's or

intern's practice or industrial-organizational psychologist. The student or intern may not

use the title "psychologist" or "industrial-organizational psychologist". The student or

intern status and the supervisor must be clearly stated.

2. A lecturer, from any school or college, who uses an academic or research title when

lecturing to institutions or organizations. However, the lecturer may not engage in the

practice of psychology or industrial-organizational psychology unless the lecturer is

licensed or registered under this chapter.

3. An individual employed by a public school if that individual's activities and services are

restricted to the practice of psychology in the district or service unit of employment.

This exemption applies only if the individual has received a master's degree in school

psychology from an accredited graduate training program. Standards must be

established by mutual consent of the board and the education standards and practices

board.

4. An individual certified, licensed, or registered in this state in another health care

profession, or as a member of the clergy functioning in a ministerial capacity, whose

scope of practice is consistent with the accepted standards of that individual's

profession. An individual claiming an exemption under this subsection may not

represent to be rendering psychological services.

5. An individual employed by an agency, a nonprofit corporation, or an institution if that

individual is currently exempt from licensure. An individual exempt under this

subsection continues to be exempt if the individual continues employment in the same

position with the agency, nonprofit corporation, or institution that applied for and

received the exemption.
N.D. Cent. Code § 43-10.1-07.2 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-07.2
43-10.1-07.2. Statute of limitations
Status: in_force

43-10.1-07.2. Statute of limitations

No action may be brought under this chapter by the commissioner after five years from the

date that the commissioner knew or reasonably should have known about the facts that are the

basis for the alleged violation. This section does not apply to section 43-10.1-06.1.
N.D. Cent. Code § 43-18.2-11 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-11
43-18.2-11. Administration of funds - Continuing appropriation
Status: in_force

43-18.2-11. Administration of funds - Continuing appropriation

All fees and moneys obtained by the board through the administration of this chapter must

be used for the regulation of the business of sewer and water installation and repair, and are

appropriated to the board for this use. This appropriation is a continuing appropriation of all such

funds. The handling and administration of the funds must otherwise be in accordance with

section 54-44-12.
N.D. Cent. Code § 43-57-10 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-10
43-57-10. Disciplinary proceedings - Cost of prosecution
Status: in_force

43-57-10. Disciplinary proceedings - Cost of prosecution

In any order or decision issued by the board in resolution of a disciplinary proceeding in

which disciplinary action is imposed against a licensee, the board may direct the licensee to pay

the board a sum not to exceed the reasonable and actual costs, including reasonable attorney's

fees, incurred by the board in the investigation and prosecution of the case. When applicable,

the licensee's license may be suspended until the costs are paid to the board. A licensee may

challenge the reasonableness of any cost item in a hearing under chapter 28-32 before an

administrative law judge. The administrative law judge may approve, deny, or modify any cost

item, and the determination of the administrative law judge is final. The administrative hearing

must occur before the licensee's license may be suspended for nonpayment.
N.D. Cent. Code § 43-45-04 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-04
43-45-04. Board power, duties, and authority
Status: in_force

43-45-04. Board power, duties, and authority

1. The board shall:

a. Administer and enforce the provisions of this chapter.

b. Evaluate the qualifications of applicants for a license to practice addiction

counseling and issue addiction counselor, licensed clinical addiction counselor,

and masters addiction counselor licenses under this chapter.

c. Establish ethical standards of practice for a licensee to practice addiction

counseling in this state.

d. Establish continuing education requirements and approve providers of continuing

education.

e. Approve clinical training programs.

f. Register clinical trainees and addiction counselor trainees.

g. Register interns.

h. Register clinical supervisors.

i. Register licensees for private practice.

j. Approve and administer examinations.

k. Periodically evaluate initial licensure coursework requirements and clinical

training requirements to ensure the requirements are up to date and do not serve

as an undue barrier to licensure.

2. The board may:

a. Adopt rules under chapter 28-32 to implement this chapter.

b. Issue subpoenas, examine witnesses, and administer oaths, and may investigate

allegations of practices violating the provisions of this chapter.

c. Recommend prosecution for violations of this chapter to the appropriate state's

attorney.

d. Recommend the attorney general bring civil actions to seek injunctive and other

relief against violations of this chapter.

e. Collect fees for examinations, initial licensures, renewal of licenses, late

renewals, private practice registrations, renewal of private practice registrations,

approval of continuing education providers, and administrative fees. The fees

must be established by rule in amounts necessary to compensate the board for

administration and enforcement of this chapter.

f. Employ persons to assist the board in carrying out the board's duties under this

chapter.
N.D. Cent. Code § 43-15-06 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-06
43-15-06. Organization of board
Status: in_force

43-15-06. Organization of board

1. At the first regular meeting of the board after the appointment and qualification of a

new member for a full term, the board shall elect a president, a secretary, and a

treasurer. The president must be chosen from the membership of the board, but any

suitable person, whether a member of the board or not, may be chosen for the other

offices. In case of the death, removal, resignation, absence, or refusal or inability to act

of the president of the board, the senior member present shall act as president. In

case of the death, removal, resignation, absence, or refusal or inability to act of the

secretary or treasurer, the board may choose another person to act temporarily or for

the remainder of the year. The president of the board of pharmacy shall preside at all

meetings of the board and is responsible for the performance of all of the duties and

functions of the board required or permitted by this chapter. Each additional officer

elected by the board shall perform those duties normally associated with the officer's

position and such other duties assigned from time to time by the board.

2. The board shall employ a pharmacist to serve as a full-time employee of the board in

the position of executive director. The executive director is responsible for the

performance of the administrative functions of the board and such other duties as the

board may direct. The executive director may also serve as secretary and treasurer of

the board.

3. The executive director is authorized to sign on behalf of the board notices, complaints,

statement of charges, stipulations, settlement agreements, findings of fact,

conclusions of law, orders and decisions of the board without additional signatures of

the president of the board or board members.
N.D. Cent. Code § 43-37-10 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-10
43-37-10. Examination for license
Status: repealed

43-37-10. Examination for license

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-23.3-15 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-15
43-23.3-15. Use of designation
Status: in_force

43-23.3-15. Use of designation

The terms "apprentice appraiser", "licensed appraiser", "certified residential appraiser",

"certified general appraiser", and "certified appraiser" may only be used to refer to an individual

who holds a permit under this chapter and may not be used following or immediately in

connection with the name or signature of any other individual or person or in a manner that

might be interpreted as referring to any other individual or person other than the individual who

holds the permit. This section does not prohibit a licensed or certified appraiser from signing an

appraisal report on behalf of a corporation, limited liability company, partnership, or firm.
N.D. Cent. Code § 43-03-23 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-23
43-03-23. Liability for contractor's fault - Liability for own negligence
Status: in_force

43-03-23. Liability for contractor's fault - Liability for own negligence

An architect or a landscape architect is not liable for the safety of persons or property on or

about a construction project site, or for the construction techniques, procedures, sequences and

schedules or for the conduct, action, errors, or omissions of any construction contractor,

subcontractor, or material supplier, their agents or their employees, unless the architect or

landscape architect assumes responsibility therefor by contract or by the architect's or

landscape architect's actual conduct. This section does not relieve an architect or a landscape

architect from liability from the architect's or landscape architect's negligence, whether in the

architect's or landscape architect's design work or otherwise.
N.D. Cent. Code § 43-04-21 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-21
43-04-21. Barbershop under the supervision of registered barber
Status: in_force

43-04-21. Barbershop under the supervision of registered barber

No person may operate a barbershop unless at all times it is under the direct supervision

and management of a registered barber.
N.D. Cent. Code § 43-58-08.1 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-08.1
43-58-08.1. Endorsement for prescribing authority
Status: in_force

43-58-08.1. Endorsement for prescribing authority

1. A naturopath may not prescribe, dispense, or administer a prescription medication

without first obtaining an endorsement for licensure.

2. The naturopath first must apply for a limited endorsement with the board in which the

naturopath enters a written collaborative agreement with a supervising physician

licensed under chapter 43-17, who will review the first one hundred prescriptions

issued by the naturopath or twelve months of prescribing, whichever occurs first. The

supervising physician shall possess an unencumbered license and have been

prescribing and administering prescription drugs without limitation for at least five

years in the state. The supervising physician shall evaluate the naturopath's ability to

safely prescribe and administer prescription drugs within the naturopath's scope of

practice and to comply with federal and state laws. The written collaborative

agreement must address the requirements of this subsection and be provided to the

board along with the application for endorsement. The board, by rule, further shall

define the terms of the supervising physician's role in reviewing the naturopath's

prescribing practices.

3. A naturopath who satisfies the requirements of subsection 2 shall notify the board in

writing with verification from the supervising physician that this requirement has been

met. Upon verification subsection 2 has been met, and the naturopath successfully

completed the pharmacology elective examination approved by the board, the board

shall issue the naturopath an endorsement to prescribe independently.

4. The board may waive the requirements of subsection 2 and examination under

subsection 3 if a naturopath shows the naturopath has substantial experience in

prescribing prescription medications under the laws of another jurisdiction that has

standards and qualifications for a naturopath to prescribe prescription medications at

least equal to those required under this chapter.

5. To maintain the endorsements provided under this section, the naturopath shall obtain

five hours of continuing education hours annually regarding pharmacology of

testosterone and legend drugs.
N.D. Cent. Code § 43-32-17 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-17
43-32-17. License required for practice - Titles
Status: in_force

43-32-17. License required for practice - Titles

1. Except as otherwise provided under this chapter, a person may not engage in the

practice of psychology unless that person is licensed as a psychologist or is registered

as a psychology resident under this chapter. Except as otherwise provided by this

chapter, a person may not engage in the practice of industrial-organizational

psychology unless that person is licensed as a psychologist or industrial-organizational

psychologist or is registered as a psychology resident or industrial-organizational

psychology resident under this chapter.

2. A person may not use the title "psychologist" or similar title unless that person is

licensed as a psychologist. A person may not use the titles "industrial psychologist",

"organizational psychologist", or "industrial-organizational psychologist" unless that

person is licensed as a psychologist or industrial-organizational psychologist.

3. A person may not use the title "psychology resident" or similar title unless that person

is registered as a psychology resident. A person may not use the titles "industrial

psychology resident", "organizational psychology resident", or "industrial organizational

psychology resident" unless that person is registered as a psychology resident or

industrial-organizational psychology resident.
N.D. Cent. Code § 43-12.1-14.3 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-14.3
43-12.1-14.3. Limitations on disciplinary actions
Status: in_force

43-12.1-14.3. Limitations on disciplinary actions

The board may not take disciplinary action against an advanced practice registered nurse

based solely on the advanced practice registered nurse prescribing or dispensing ivermectin for

the off-label treatment or prevention of severe acute respiratory syndrome coronavirus 2

identified as SARS-CoV-2, or any mutation or viral fragments of SARS-CoV-2. This section

does not limit the board from taking a disciplinary action on another basis, such as unlicensed

practice, inappropriate documentation, or substandard care, or any basis that would in the

board's determination harm the patient.
N.D. Cent. Code § 43-09-17 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-17
43-09-17. Journeyman electrician's permit
Status: in_force

43-09-17. Journeyman electrician's permit

The board, upon the recommendation of one master electrician and two journeyman

electricians, may issue a permit for a journeyman electrician to engage in the journeyman

electrician's trade until the next meeting of the board for the examination of applicants. Such

permit is not renewable.
N.D. Cent. Code § 43-10.1-06 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-06
43-10.1-06. Special audits - Violations of law
Status: repealed

43-10.1-06. Special audits - Violations of law

Repealed by S.L. 1979, ch. 463, § 7.
N.D. Cent. Code § 43-15.4-04 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-04
43-15.4-04. Minimum standards for veterinary retail facilities
Status: in_force

43-15.4-04. Minimum standards for veterinary retail facilities

The following standards apply to veterinary retail facilities:

1. Veterinary prescription drugs dispensed by a veterinary retail facility pursuant to a

licensed veterinarian's prescription are for use on equidae, food-animals, and

nontraditional livestock only.

2. Veterinary dispensing technicians may not:

a. Dispense controlled substances.

b. Compound veterinary prescription drugs for the dispensing of a prescription.

c. Repackage veterinary prescription drugs for the dispensing of a prescription,

except that a veterinary dispensing technician may break down case lots of

veterinary prescription drugs, provided the seals on the individual containers are

not broken. Veterinary dispensing technicians may not open a container and

count out or measure out any quantity of a veterinary prescription drug.

d. Dispense medication for extra-label use.

3. Veterinary prescription drugs returned to a veterinary retail facility from a client must

be treated as damaged or outdated drugs. Returned drugs may not be returned to

stock or dispensed, distributed, or resold.

4. A veterinary dispensing technician may dispense veterinary prescription drugs for use

on equidae, food-animals, and nontraditional livestock on the basis of a written,

electronically transmitted, or oral order received from a licensed veterinarian or the

authorized agent of a licensed veterinarian. Only a veterinary dispensing technician

may receive an orally transmitted new or refill prescription.

5. A veterinary dispensing technician may refill a prescription only if the initial prescription

is issued indicating that a specific number of refills are authorized. A prescription may

not be refilled twelve or more months after the issuance date of the initial order.

6. A veterinary dispensing technician must file, or cause to be filed, any prescription, or a

copy thereof, which has been dispensed in the veterinary retail facility. The prescription

or a copy of the prescription must be preserved for at least three years after it has

been filled. The veterinary dispensing technician must furnish a copy of any

prescription to the party presenting it on the request of such party only.

7. Records of receipt and dispensing of legend drugs must be kept for three years and

may be audited by the state board of pharmacy.

8. All veterinary prescription drugs must be properly labeled when dispensed. A complete

label must include the following information:

a. Name, address, and telephone number of veterinarian.

b. Name of client.

c. Identification of animals or herds treated.

d. Date of treatment, prescribing, or dispensing of drug.

e. Name and quantity of the drug to be prescribed or dispensed.

f. Dosage and duration directions for use.

g. Cautionary statements, as needed.

h. Expiration date.

If that information is included in a manufacturer's label, it is unnecessary to repeat it on

the prescription label. If there is inadequate space on the label for complete

instructions, the veterinary dispensing technician shall provide additional information to

accompany the drug dispensed or prescribed.

9. Veterinary prescription drugs must be stored separately from over-the-counter drugs.

Drugs must be stored under conditions recommended by the manufacturer.
N.D. Cent. Code § 43-38-01 — ND Code / Title 43 / Chapter 43-38 / Section 43-38-01
43-38-01. Definitions
Status: in_force

43-38-01. Definitions

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

1. "Department" means the department of health and human services.

2. "Electrologist" means a qualified and licensed person proficient in the removal of hair

by means of the electric needle.

3. "Electrolysis" means the removal of superfluous hair by use of the electric needle or

electronic process.

4. "Electronic hair removal technician" means a qualified and licensed person proficient

in the removal of hair by means of an electronic process other than the electric needle.
N.D. Cent. Code § 43-58-04 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-04
43-58-04. Qualifications for licensure
Status: in_force

43-58-04. Qualifications for licensure

In order to obtain a license to practice naturopathic medicine in this state, an application

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

must be made in the manner prescribed by the board.
N.D. Cent. Code § 43-13-09 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-09
43-13-09. Biennial report
Status: in_force

43-13-09. Biennial report

The board may submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 43-19.1-14 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-14
43-19.1-14. Registration with examination - Professional engineers
Status: in_force

43-19.1-14. Registration with examination - Professional engineers

An applicant otherwise qualified must be admitted to registration as a professional engineer

if the applicant has successfully passed a board-approved examination in the principles and

practice of engineering, as prescribed by the board, and has one of the following additional

qualifications:

1. Is an engineer intern with a baccalaureate degree in engineering from an institution

offering accredited programs approved by the board as being of satisfactory standing,

who has a specific record of an additional four years or more of experience in

engineering work of a grade and character which indicates to the board that the

applicant may be competent to practice engineering.

2. Is an engineer intern with a baccalaureate degree in engineering from a program that

is not accredited but is approved by the board, who has eight years or more of

progressive experience in engineering work of a character and grade which indicates

to the board that the applicant is competent to practice engineering.

3. Is an engineer intern with a specific record of at least twenty years of lawful practice in

engineering work during at least ten years of which the applicant has been in

responsible charge of important engineering work which is of a grade and character

that indicates to the board that the applicant is competent to practice engineering, who

has been approved for the fundamentals of engineering examination by the board

before July 1, 2004, and who holds a valid engineer intern certificate as of January 1,

2006.

4. Is an engineer intern who meets one of the educational requirements listed in

subsection 1, 2, or 5, who has been a teacher of engineering in a college or university

offering an approved engineering curriculum of four years or more, and who has had a

minimum of two years of nonteaching engineering experience that is of a character

and grade that indicates to the board that the applicant is competent to practice

engineering.

5. Is an engineer intern with a baccalaureate degree in an engineering-related program,

who has at least twelve years of progressive experience in engineering work of a

character and grade which indicates to the board that the applicant is competent to

practice engineering.
N.D. Cent. Code § 43-15-13.2 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13.2
43-15-13.2. Membership of North Dakota pharmaceutical association
Status: repealed

43-15-13.2. Membership of North Dakota pharmaceutical association

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-47-06.1 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-06.1
43-47-06.1. Board may establish specialty licenses
Status: in_force

43-47-06.1. Board may establish specialty licenses

The board may provide a counselor specialty license to any licensed professional counselor

who meets the standards established by the board for that particular specialty. The board shall

adopt standards for specialty licenses equal to or greater than those established by the national

board of certified counselors, which governs the standards for particular specialties. The board

may not create a specialty license for which the scope of practice is defined under any other

chapter in this title.
N.D. Cent. Code § 43-11-27 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-27
43-11-27. Instructor's license - Student instructor's license - Registration - Qualifications
Status: in_force

43-11-27. Instructor's license - Student instructor's license - Registration -

Qualifications.

1. No individual may be licensed as an instructor of cosmetology unless the individual

passes a theory and a practical examination required by the board after paying the

examination fee set forth in section 43-11-28. An applicant shall:

a. Possess a current North Dakota license as a cosmetologist, esthetician,

advanced esthetician, or manicurist; and

b. Complete the required hours of instructor training in a school of cosmetology or

course approved by the board.

2. An instructor or student instructor may not practice cosmetology on a patron at a

school other than as part of practical work pertaining directly to the teaching of

students.

3. Each school of enrollment shall submit to the board a student instructor registration

form for each student instructor. The registration form must be accompanied by a fee

for a student instructor in an amount determined by the board under section 43-11-28.

A student instructor shall possess, at the time of enrollment, a general education

equivalent to the completion of four years in high school and hold a license as a

cosmetologist, esthetician, advanced esthetician, or manicurist. Upon completion of

the course prescribed for student instructors, the student instructor shall make an

application to the board and pay a fee as provided in section 43-11-28. The board then

shall cause the applicant to be examined for an instructor's license. Upon successfully

passing the theoretical and practical examinations, the board shall issue an instructor's

license to the applicant.

4. No individual is entitled to renew an instructor's license unless the instructor has

furnished to the board evidence of completion of the continuing education established

by the board by rule.

5. Licensed estheticians and manicurists may only provide instruction within the scope of

practice of the respective licenses determined under this chapter.
N.D. Cent. Code § 43-18.1-03 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-03
43-18.1-03. Duties of the board
Status: in_force

43-18.1-03. Duties of the board

The board shall:

1. Enforce the provisions of this chapter.

2. Prescribe rules and regulations not inconsistent with the provisions of this chapter for

the examination, regulation, and licensing of water conditioning contractors and water

conditioning installers.
N.D. Cent. Code § 43-04-07 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-07
43-04-07. Compensation - Expenses - How paid
Status: in_force

43-04-07. Compensation - Expenses - How paid

Each member of the board is entitled to receive daily compensation for actual services in an

amount not to exceed one hundred dollars and must be paid for actual expenses, as provided

by law, incurred in attending meetings of the board and in performing official duties. All funds

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

54-44-12.
N.D. Cent. Code § 43-11-20 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-20
43-11-20. Student practice
Status: repealed

43-11-20. Student practice

Repealed by S.L. 2021, ch. 309, § 31.
N.D. Cent. Code § 43-23.1-16 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-16
43-23.1-16. Judicial review
Status: in_force

43-23.1-16. Judicial review

A person who has exhausted all administrative remedies available within the commission

and who is aggrieved by an order pertaining to registration, a cease and desist order, an order

of revocation, or any other final decision of the commission is entitled to judicial review in

accordance with chapter 28-32.
N.D. Cent. Code § 43-28-01 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-01
43-28-01. Definitions
Status: in_force

43-28-01. Definitions

As used in this chapter and chapter 43-20, unless the context otherwise requires:

1. "Accredited dental school" means a dental school, college, or university accredited by

the commission on dental accreditation of the American dental association or its

successor.

2. "Advertising" means to invite the attention of or give notice to the public, by any

means, medium, or manner whatsoever of any fact, information, or data pertaining to

or being conducive of the practice of dentistry in this state.

3. "Board" means the state board of dental examiners.

4. "Certificate of registration" means a written statement of the board declaring that a

licensed dentist has paid the biennial registration fee required by this chapter.

5. "Dentist" means an individual who has a license to practice in this state and who holds

a valid biennial certificate of registration.

6. "License" means the right, authority, or permission granted by the board to practice

dentistry in this state.

7. "Practice of dentistry" means examination, diagnosis, treatment, repair, administration

of local or general anesthetics, prescriptions, or surgery of or for any disease, disorder,

deficiency, deformity, discoloration, condition, lesion, injury, or pain of the human oral

cavity, teeth, gingivae, and soft tissues, and the diagnosis, surgical, and adjunctive

treatment of the diseases, injuries, and defects of the upper and lower human jaw and

associated structures.

8. "Telehealth" has the same meaning as in section 26.1-36-09.15.
N.D. Cent. Code § 43-10.1-08 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-08
43-10.1-08. Penalties
Status: in_force

43-10.1-08. Penalties

1. Any person who willfully violates any provision of this chapter or any rule or order of

the commissioner under this chapter is guilty of a class B felony.

2. An information must be filed or an indictment must be found under this chapter within

five years after the commissioner or criminal prosecutor knew or reasonably should

have known about the facts that are the basis for the prosecution.

3. "Willfully" means the person was aware of the consequences of the person's actions,

and proof of evil motive or intent to violate the law or knowledge that the law was being

violated is not required. Each act or omission is a separate offense, and a prosecution

or conviction for an offense does not bar a prosecution or conviction for any other

offense.
N.D. Cent. Code § 43-12.1-18 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-18
43-12.1-18. Nursing practice standards
Status: repealed

43-12.1-18. Nursing practice standards

Repealed by S.L. 2013, ch. 321, § 12.
N.D. Cent. Code § 43-32-31 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-31
43-32-31. Violation - Penalty - Injunction
Status: in_force

43-32-31. Violation - Penalty - Injunction

Any person who violates any of the provisions of 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 violations of any provisions of this chapter without proof of actual

damages sustained by any person.
N.D. Cent. Code § 43-39-01 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-01
43-39-01. Definitions
Status: in_force

43-39-01. Definitions

1. "Athletic trainer" means an individual with specific qualifications set forth in section

43-39-05, who is providing athletic training.

2. "Athletic training" means doing any of the following under the guidance of a physician:

a. Preventing, recognizing, and evaluating injuries and illnesses sustained while

participating in physical activity;

b. Managing and administering the initial treatment of injuries or illnesses sustained

while participating in physical activity;

c. Giving emergency care or first aid for an injury or illness sustained while

participating in physical activity;

d. Under verbal, standing, or written orders, except in the case of providing services

in a clinical setting which requires written orders, rehabilitating injuries or illnesses

sustained while participating in physical activity;

e. Under verbal, standing, or written orders, except in the case of providing services

in a clinical setting which requires written orders, rehabilitating and physically

reconditioning injuries or illnesses that impede or prevent an individual from

returning to participating in physical activity, if the individual recently participated

in, and intends to return to participation in, physical activity;

f. Establishing or administering risk management, conditioning, and injury

prevention programs;

g. Providing injury screening or physician extender services; or

h. Referring a patient to an appropriate health care provider as needed.

3. "Board" means the North Dakota board of athletic trainers established in section

43-39-02.

4. "Physical activity" means any moderate or vigorous activity that requires physical

strength, agility, range of motion, repetitive motion, speed, or stamina during

participation in exercise, sports, games, recreation, performance arts, stretching,

wellness, fitness, military, industrial, or public safety activities.

5. "Physician" means an individual licensed as a physician under chapter 43-17.
N.D. Cent. Code § 43-17.1-05 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-05
43-17.1-05. Complaints
Status: in_force

43-17.1-05. Complaints

1. Any person may make or refer written complaints to the investigative panels with

reference to the acts, activities, or qualifications of any licensee, or to request that an

investigative panel review the qualifications of any licensee to continue to practice in

this state. Any person that, in good faith, makes a report to the investigative panels

under this section is not subject to civil liability for making the report. For purposes of

any civil proceeding, the good faith of any person that makes a report pursuant to this

section is presumed. Upon receipt of any complaint or request, the investigative panel

shall conduct the investigation as the panel deems necessary to determine whether

any licensee has committed any of the grounds for disciplinary action provided for by

law. Upon completion of the investigation of the investigative panel, the investigative

panel shall make a finding that the investigation discloses that:

a. There is insufficient evidence to warrant further action;

b. The conduct of the licensee does not warrant further proceedings but the

investigative panel determines possible errant conduct occurred that could lead to

significant consequences if not corrected. In such a case, a confidential letter of

concern may be sent to the licensee; or

c. The conduct of the licensee indicates the licensee may have committed any of

the grounds for disciplinary action provided for by law and which warrants further

proceedings.

2. If the investigative panel determines a formal hearing should be held to determine

whether any licensee has committed any of the grounds for disciplinary action

provided for by law, the panel shall inform the respondent licensee involved of the

specific charges to be considered by serving upon that individual a copy of a formal

complaint filed with the board for disposition pursuant to the provisions of chapter
N.D. Cent. Code § 43-28-10 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-10
43-28-10. License and certificate required - Scope of practice
Status: in_force

43-28-10. License and certificate required - Scope of practice

A person may not practice dentistry in this state unless that person is a dentist.
N.D. Cent. Code § 43-13-13.2 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-13.2
43-13-13.2. Practice of optometry - Requirements to practice optometry - Informed consent
Status: in_force

43-13-13.2. Practice of optometry - Requirements to practice optometry - Informed

consent.

1. Any person engaged in visual training procedures or who employs or prescribes

lenses, prisms, filters, ophthalmic instruments, or combinations thereof, held either in

contact with the eye, or in frames or mounting, to aid, relieve, or correct any visual or

ocular anomaly, or holds out as being able to do so, is deemed to be engaged in the

practice of optometry.

2. An optometrist may not dispense therapeutic pharmaceutical agents, except an

optometrist may:

a. Provide a patient a drug sample at no cost to the patient; or

b. Sell contact lenses or ophthalmic devices that are classified by the federal food

and drug administration as a drug.

3. An optometric telemedicine provider-patient relationship is established when a patient

seeks optometric services from a provider, and the provider agrees to provide

optometric services to the patient, except in an emergency. The provider-patient

relationship may be expressly created or created through implication; however, the

provider-patient relationship is not created through receipt of patient health information

by the provider unless a prior provider-patient relationship exists. The initial patient

relationship must be established through an eye examination conducted by a licensed

optometrist with a physical location in this state.

4. A licensed optometrist may act as a distant site provider and use telemedicine to

provide care in accordance with standards of practice established by the board by rule.

Telemedicine services may include consultation, diagnosis, and treatment for ocular

diseases, provided that the optometrist complies with the regulations under this

section. Before providing any optometric services to a patient via telemedicine, the

provider first shall provide appropriate verification of the provider's identification,

licensure, and current contact information.

5. Informed consent regarding the optometric services to be provided via telemedicine

must include, at a minimum, information regarding the provider's technology used to

provide optometric services via telemedicine and how to mitigate or resolve any

technological disconnection or issue.
N.D. Cent. Code § 43-02.2-10 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-10
43-02.2-10. Enforcement procedures - Investigations
Status: in_force

43-02.2-10. Enforcement procedures - Investigations

1. If this chapter authorizes the board to revoke, deny, or suspend the certificate, license,

practice privilege, or permit of any licensee or holder of a practice privilege, the

individual or firm has a right to a hearing on such contemplated disciplinary action and

has a right to appeal to the courts from the decision of the board on the hearing. All of

the provisions of chapter 28-32 relating to proceedings before an administrative

agency are applicable to and govern the notice of hearing, the hearing, and the right of

appeal from the board's decision.

2. The board, upon receipt of a complaint or other information suggesting violations of

this chapter or of the rules of the board, may conduct investigations to determine

whether there is reasonable basis to pursue disciplinary action against any individual

or firm for the violation.

3. The board may designate a member or employee to serve as investigating officer to

conduct an investigation. Upon completion of an investigation, the investigating officer

may file a report with the board. The board may find grounds to pursue disciplinary

action under section 43-02.2-09 upon the basis of the report or may return the report

to the investigating officer for further investigation.

4. Until there has been a determination to pursue disciplinary action under section

43-02.2-09, the report of the investigating officer, the complaint, if any, the testimony

and documents submitted in support of the complaint or gathered in the investigation,

and the fact of pendency of the investigation must be treated as confidential

information and may not be disclosed to any person except law enforcement

authorities and, to the extent deemed necessary in order to conduct the investigation,

the subject of the investigation, persons whose complaints are being investigated, and

witnesses questioned in the course of the investigation.
N.D. Cent. Code § 43-23.1-13 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-13
43-23.1-13. Investigations and proceedings
Status: in_force

43-23.1-13. Investigations and proceedings

1. The commission shall investigate any subdivision offered for disposition in this state

and may:

a. Rely upon any relevant information concerning a subdivision obtained from the

federal housing administration, the United States veterans administration, or any

other federal agency having comparable duties in relation to subdivisions;

b. Require the applicant to submit reports prepared by competent engineers as to

any hazard to which any subdivision offered for disposition is subject or any factor

which affects the utility of interests within the subdivision, and require evidence of

compliance in removing or minimizing all hazards reflected in engineering reports;

c. Require an onsite inspection of the subdivision by a person or persons

designated by it. All expenses incurred in connection with an onsite inspection

must be defrayed by the applicant, and the commission shall require a deposit

sufficient to defray such expenses in advance;

d. Make public or private investigations within or outside this state to determine

whether any person has violated or is about to violate this chapter or any rule,

regulation, or order hereunder, or to aid in the enforcement of this chapter or in

prescribing rules and regulations and forms hereunder; and

e. Require or permit any person to file a statement in writing, under oath or

otherwise as the commission determines, as to all the facts and circumstances

concerning the matter to be investigated.

2. For the purpose of any investigation or proceeding under this chapter, the commission

or any person designated by it may administer oaths or affirmations, and upon its own

motion or upon the request of any party shall subpoena witnesses, compel their

attendance, take evidence, and require the production of any matter which is relevant

to the investigation, including the existence, description, nature, custody, condition,

and location of any books, documents, or other tangible things and the identity and

location of persons having knowledge of relevant facts or any other matter reasonably

calculated to lead to the discovery of material evidence.

3. Upon failure to obey a subpoena or to answer questions propounded by the

investigator and upon reasonable notice to all persons affected thereby, the agency

may apply to the district court for an order compelling compliance.

4. The commission may permit a person registered with the commission whose conduct

or actions may be under investigation to waive formal proceedings and enter into a

consent proceeding whereby orders, rules, or letters of censure or warning, whether

formal or informal, may be entered against said person.

5. Except as otherwise provided in this chapter, all proceedings under this chapter must

be in accordance with chapter 28-32.
N.D. Cent. Code § 43-18.1-01 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-01
43-18.1-01. Definitions
Status: in_force

43-18.1-01. Definitions

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

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

2. "Water conditioning contractor" means a person who plans and manages the

installation and repair of water conditioning equipment, and in conjunction therewith

sells or leases such equipment.

3. "Water conditioning installation and repair" means the installation of appliances,

appurtenances, and fixtures designed to treat water so as to alter, modify, add or

remove mineral, chemical, or bacterial content, and the repair of such equipment, to a

water distribution system. "Water conditioning installation and repair" does not mean

the exchange of such appliances, appurtenances, and fixtures when the plumbing

system has previously been installed or adapted to or for such appliances,

appurtenances, and fixtures, and no substantial change in such plumbing system is

required.

4. "Water conditioning installer" means any person who is engaged in the practical

installation and repair of water conditioning equipment.
N.D. Cent. Code § 43-23-13 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-13
43-23-13. Fees
Status: in_force

43-23-13. Fees

Fees for real estate brokers and real estate salespersons are as follows:

1. A fee of not more than two hundred dollars, as set by the commission, must

accompany an application for an individual's real estate broker's license and for each

annual renewal of the license.

2. For each license issued to a partnership, association, corporation, limited liability

company, trust, cooperative, or other firm or entity, foreign or domestic, and for each

annual renewal of the license, a fee of not more than two hundred dollars, as set by

the commission.

3. For an individual's real estate salesperson's license and for each annual renewal of

the license, a fee of not more than two hundred dollars, as set by the commission.

4. The commission shall set and collect reasonable fees to help offset the cost of

operating the commission.
N.D. Cent. Code § 43-04-06 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-06
43-04-06. Officers of board - Power to administer oath - Bond
Status: in_force

43-04-06. Officers of board - Power to administer oath - Bond

The members of the board shall elect from those members appointed by the governor under

section 43-04-04 a president, vice president, and secretary-treasurer. The secretary-treasurer of

the board must be bonded for the faithful discharge of duties in the penal sum of five thousand

dollars. The secretary-treasurer and the president of the board may administer oaths.
N.D. Cent. Code § 43-28.1-09 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-09
43-28.1-09. Gifts, grants, and donations - Continuing appropriation
Status: in_force

43-28.1-09. Gifts, grants, and donations - Continuing appropriation

The department of health and human services may accept any conditional or unconditional

gift, grant, or donation for the purpose of providing funds for the repayment of dentists'

educational loans. If any entity desires to provide funds to the department of health and human

services to allow an expansion of the program beyond the dentists contemplated by this

chapter, the entity shall commit to fund fully the expansion for a period of five years. The

department of health and human services may contract with any public or private entity and may

expend any moneys available to the department of health and human services to obtain

matching funds for the purposes of this chapter. All money received as gifts, grants, or

donations under this section is appropriated as a continuing appropriation to the department of

health and human services for the purpose of providing funds for the repayment of additional

dentists' educational loans.
N.D. Cent. Code § 43-64-05 — ND Code / Title 43 / Chapter 43-64 / Section 43-64-05
43-64-05. Initial applications - Grandfather provision
Status: in_force

43-64-05. Initial applications - Grandfather provision

Notwithstanding the education, experience, and examination requirements for licensure

under this chapter, if on December 31, 2019, an applicant held a valid license or registration

issued by the state board of psychologist examiners under chapter 43-32, the applicant is

deemed to have met the education, experience, and examination requirements for licensure.
N.D. Cent. Code § 43-32-34 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-34
43-32-34. Applied behavior analysis - Renewal - Fees
Status: repealed

43-32-34. Applied behavior analysis - Renewal - Fees

Repealed by S.L. 2017, ch. 301, § 20.
N.D. Cent. Code § 43-10-25 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-25
43-10-25. Licensure of crematoriums
Status: in_force

43-10-25. Licensure of crematoriums

A person may not operate a crematorium without a license issued by the board. A person

desiring to operate a crematorium shall submit an application for an annual license to the board.

The license fee may not exceed one hundred dollars and must be the same as a funeral

establishment license.
N.D. Cent. Code § 43-26.1-06 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-06
43-26.1-06. Licensure by endorsement
Status: in_force

43-26.1-06. Licensure by endorsement

The board shall issue a license to a physical therapist or physical therapist assistant who

has a license in good standing from another jurisdiction that imposes requirements for obtaining

and maintaining a license which are at least as stringent as the requirements imposed in this

state.
N.D. Cent. Code § 43-15-22 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-22
43-15-22. Licensing without examination
Status: in_force

43-15-22. Licensing without examination

The board, without examination, may register and issue a license as a pharmacist to any

person of good moral character who presents to the board satisfactory evidence that before

coming to this state the applicant legally had been licensed as a pharmacist in another state or

foreign country, in which the requirements for such license with respect to qualifications are

equivalent to the requirements of this state, but the board need not recognize or accept such

license, certificate, or registration as evidence of the applicant's qualifications unless it is

satisfied that the applicant is in fact qualified to be a pharmacist in this state. The board may

deny recognition or acceptance of the license, certificate, or registration of any state or foreign

country which does not accord similar recognition to licentiates of this state. A fee to be set by

the board not to exceed three hundred dollars must be paid prior to licensing without

examination as provided for herein.
N.D. Cent. Code § 43-11-21 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-21
43-11-21. Cosmetologist, esthetician, advanced esthetician, manicurist license - Examination required - Application - Examination - Fees
Status: in_force

43-11-21. Cosmetologist, esthetician, advanced esthetician, manicurist license -

Examination required - Application - Examination - Fees.

Each individual who desires to secure a cosmetologist, esthetician, advanced esthetician, or

manicurist license shall file with the board a written application under oath on a form supplied by

the board. The application must be accompanied by:

1. An examination fee fixed by the board under section 43-11-28;

2. Satisfactory proof that the applicant has completed the board-approved training

requirements; and

3. A fee for original licensure as required by section 43-11-28.
N.D. Cent. Code § 43-31-16 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-16
43-31-16. Exemption from testing requirements
Status: repealed

43-31-16. Exemption from testing requirements

Repealed by S.L. 2021, ch. 322, § 5.
N.D. Cent. Code § 43-37-16 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-16
43-37-16. Notice
Status: repealed

43-37-16. Notice

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-28-17 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-17
43-28-17. Inactive status
Status: in_force

43-28-17. Inactive status

Upon payment of a fee determined by the board, a dentist may request to have the dentist's

license placed on inactive status. While on inactive status, the dentist may not engage in the

practice of dentistry in the state until the dentist applies for reinstatement, pays a renewal fee,

and meets any additional requirements established by rule.
N.D. Cent. Code § 43-03-18 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-18
43-03-18. Fees
Status: in_force

43-03-18. Fees

1. The following fees apply to architects and landscape architects:

a. Following examination, a registration fee of not more than three hundred dollars,

as set by the board.

b. When examination is not necessary under section 43-03-15, a registration fee of

not more than three hundred dollars, as set by the board.

c. A registration renewal fee, which need not be collected annually, but which must

be based on no more than three hundred dollars per year, as set by the board.

d. Fees set by the board under this subsection are not subject to chapter 28-32.

2. If in any year the board incurs expenses related to regulation of architects and

landscape architects which are in excess of the income generated through fees for

that year, the board may assess a special fee to cover these excess expenses. The

board may continue an annual special fee assessed under this subsection until the

excess obligations are met. A certificate holder who fails to pay a special fee assessed

by the board under this subsection is subject to the forfeiture provisions under section

43-03-19.

3. Fees set by the board may not exceed the amount reasonably necessary to regulate

the professions of architecture and landscape architecture.
N.D. Cent. Code § 43-62-16 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-16
43-62-16. Fees
Status: in_force

43-62-16. Fees

1. The board shall set all fees by rules adopted under this chapter. All fees payable to the

board must be deposited in the name of the board in financial institutions designated

by the board as official depositories and must be used to pay all expenses incurred in

carrying out the purposes of this chapter.

2. The board may issue a temporary license to an individual whose licensure or license

renewal may be pending or if issuance is for the purpose of providing medical imaging

or radiation therapy services to medically underserved areas as determined by the

board. A temporary license may be issued only if the board finds it will not violate the

purpose of this chapter or endanger the public health and safety. A temporary license

expires when the determination is made either to issue or deny the applicant a regular

license. A temporary license may not be issued for a period longer than one hundred

eighty days.
N.D. Cent. Code § 43-04-24 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-24
43-04-24. Minimum standard of schools of barbering
Status: in_force

43-04-24. Minimum standard of schools of barbering

No school of barbering may be approved by the board unless it requires as a prerequisite to

graduation a course of instruction of not less than one thousand five hundred hours to be

completed within a reasonable period of time as determined by the board with not more than

eight hours in any one working day. Such course of instruction must include the following

subjects:

1. Scientific fundamentals of barbering.

2. Hygiene.

3. Bacteriology.

4. Histology of the hair, skin, muscles, and nerves.

5. Structure of the head, face, and neck.

6. Elementary chemistry relating to sterilization and antiseptics.

7. Diseases of the skin, glands, and nails.

8. Massaging and manipulating the muscles of the upper body.

9. Hair cutting.

10. Shaving.

11. Arranging, dressing, coloring, bleaching, perming, and tinting the hair.
N.D. Cent. Code § 43-07-20 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-20
43-07-20. Employment preference in contract
Status: in_force

43-07-20. Employment preference in contract

In all contracts, except those which involve federal-aid funds and when a preference or

discrimination would be contrary to a federal law or regulation, hereafter let for state, county,

city, school district, or township construction, repair, or maintenance work under any laws of this

state, there shall be inserted a provision by which the contractor must give preference to the

employment of bona fide North Dakota residents, as determined by section 54-01-26, with

preference given first to honorably discharged disabled veterans and veterans of the armed

forces of the United States, as defined in section 37-19.1-01, who are deemed to be qualified in

the performance of that work. The preference shall not apply to engineering, superintendence,

management, or office or clerical work.

No contract shall be let to any person, firm, association, cooperative, corporation, or limited

liability company refusing to execute an agreement containing the aforementioned provisions.
N.D. Cent. Code § 43-04-38.1 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-38.1
43-04-38.1. Persons having practiced barbering in another state - Qualifications for certificate of registration as registered barber
Status: in_force

43-04-38.1. Persons having practiced barbering in another state - Qualifications for

certificate of registration as registered barber.

The board may waive the requirement of a satisfactory examination and issue to an

applicant a certificate of registration to practice barbering, if the applicant:

1. Is at least eighteen and one-half years of age.

2. Has completed high school or received a high school equivalency degree.

3. Has been graduated from a school of barbering approved by the board which requires

as a requisite to graduation the completion of not less than one thousand five hundred

fifty hours of instruction. If the applicant has not completed the requisite number of

hours of instruction, each year of the applicant's subsequent barbering experience

constitutes the equivalent of two hundred hours of instruction which may be applied

toward fulfilling the requisite number of hours.

4. Has a valid license or certificate of registration as a practicing barber from another

state that has substantially the same requirements for licensing or registering barbers

as required by this chapter.

5. Delivers to the board a certificate from the examining board of another state certifying

that the applicant is a licensed or registered barber in good standing and has practiced

full time as a barber in that state for a period of at least three years.

6. Has paid the required fee.
N.D. Cent. Code § 43-60-09 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-09
43-60-09. Genetic counselor advisory committee
Status: in_force

43-60-09. Genetic counselor advisory committee

1. The board shall appoint a genetic counselor advisory committee composed of at least

one genetic counselor and at least two physicians licensed under chapter 43-17.

Except for initial appointments, each committee member shall serve a term of three

years. The term of initial appointees must be staggered so that expiration of terms is

evenly distributed. A committee member may not be appointed to more than three

consecutive full terms. If a vacancy occurs, the board shall appoint an individual to fill

the unexpired term.

2. The advisory committee shall meet as necessary to conduct business, but at least

annually. The advisory committee shall make recommendations to the board regarding

board rules adopted under this chapter.
N.D. Cent. Code § 43-23.1-04 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-04
43-23.1-04. Prohibitions on dispositions of interests in subdivisions
Status: in_force

43-23.1-04. Prohibitions on dispositions of interests in subdivisions

Unless the subdivided lands or the transaction is exempt under section 43-23.1-05, it is

unlawful for any person in this state:

1. To offer or to dispose of any interest in subdivided lands located without this state prior

to the time that the subdivided lands are registered in accordance with this chapter.

2. To dispose of any interest in subdivided lands unless a current public offering

statement is delivered to the purchaser and the purchaser is afforded a reasonable

opportunity to examine the public offering statement prior to the disposition.
N.D. Cent. Code § 43-48-12 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-12
43-48-12. Grandfather provisions
Status: repealed

43-48-12. Grandfather provisions

Repealed by S.L. 2013, ch. 334, § 3.
N.D. Cent. Code § 43-31-06 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-06
43-31-06. Consent for service of process
Status: in_force

43-31-06. Consent for service of process

Each nonresident applicant for an original license or a renewal license shall file an

irrevocable consent that actions against the applicant may be filed in any appropriate court of

any county of this state in which the plaintiff resides or in which some part of the transaction

occurred out of which the alleged claim for relief arose and that process in any action may be

served on the applicant by leaving two copies thereof with the attorney general. Such consent

must stipulate and agree that such service of process is valid and binding for all purposes. The

attorney general shall send forthwith one copy of the process to the applicant at the address

shown on the records of the attorney general's office by registered mail.
N.D. Cent. Code § 43-29.1-06 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-06
43-29.1-06. Release from contract obligation
Status: in_force

43-29.1-06. Release from contract obligation

1. The department of health and human services shall release a veterinarian from the

veterinarian's loan repayment contract without penalty if:

a. The veterinarian has completed the service requirements of the contract;

b. The veterinarian is unable to complete the service requirement of the contract

because of a permanent physical disability;

c. The veterinarian demonstrates to the department of health and human services

extreme hardship or shows other good cause justifying the release; or

d. The veterinarian dies.

2. A decision by the department of health and human services not to release a

veterinarian from the veterinarian's loan repayment contract without penalty is

reviewable by district court.
N.D. Cent. Code § 43-51-04 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-04
43-51-04. Emergency practice without a license
Status: in_force

43-51-04. Emergency practice without a license

Upon prior written notice to the appropriate board, a foreign practitioner may provide

services in this state which fall within the scope of practice designated by the foreign

practitioner's license and by this title without obtaining a license from the board, if the services

are provided in response to a disaster or emergency declared by the appropriate authority in

this state. The notice provided by a foreign practitioner under this section must include verified

documentation from the appropriate licensing authority which identifies the requirements for

licensure in that jurisdiction and which confirms that the practitioner is licensed and in good

standing in that jurisdiction and any other information requested by the board. A notice provided

under this section, if accompanied by sufficient documentation, is deemed to be accepted

unless denied by the board. If a notice under this section is denied, the foreign practitioner

immediately shall cease providing services under this section and may not resume providing

services until after a successful appeal of the board's decision under chapter 28-32 or after an

application for privileges under this section is reviewed and approved by the board.
N.D. Cent. Code § 43-55-09 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-09
43-55-09. Confidential records
Status: in_force

43-55-09. Confidential records

All audited financial reports and the employers' quarterly contribution and wage report to

job service North Dakota are confidential except to the extent necessary for the proper

administration of this chapter by the secretary of state or the attorney general.
N.D. Cent. Code § 43-12.1-14 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-14
43-12.1-14. Grounds for discipline - Penalties
Status: in_force

43-12.1-14. Grounds for discipline - Penalties

The board may deny, limit, revoke, encumber, or suspend any license or registration to

practice nursing issued by the board or applied for in accordance with this chapter; reprimand,

place on probation, or otherwise discipline a licensee, registrant, or applicant; deny admission to

licensure or registration examination; require evidence of evaluation and treatment; or issue a

nondisciplinary letter of concern to a licensee, registrant, or applicant, upon proof that the

person:

1. Has been arrested, charged, or convicted by a court, or has entered a plea of

nolo contendere to a crime in any jurisdiction that relates adversely to the practice of

nursing and the licensee or registrant has not demonstrated sufficient rehabilitation

under section 12.1-33-02.1;

2. Has been disciplined by a board of nursing in another jurisdiction, or has had a license

or registration to practice nursing or to assist in the practice of nursing or to practice in

another health care occupation or profession denied, revoked, suspended, or

otherwise sanctioned;

3. Has engaged in any practice inconsistent with the standards of nursing practice;

4. Has obtained or attempted to obtain by fraud or deceit a license or registration to

practice nursing, or has submitted to the board any information that is fraudulent,

deceitful, or false;

5. Has engaged in a pattern of practice or other behavior that demonstrates professional

misconduct;

6. Has diverted or attempted to divert supplies, equipment, drugs, or controlled

substances for personal use or unauthorized use;

7. Has practiced nursing or assisted in the practice of nursing in this state without a

current license or registration or as otherwise prohibited by this chapter;

8. Has failed to report any violation of this chapter or rules adopted under this chapter; or

9. Has failed to observe and follow the duly adopted standards, policies, directives, and

orders of the board, or has violated any other provision of this chapter.
N.D. Cent. Code § 43-15-28 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-28
43-15-28. Certificate of registration canceled - Notice of hearing
Status: repealed

43-15-28. Certificate of registration canceled - Notice of hearing

Repealed by S.L. 1989, ch. 522, § 2.
N.D. Cent. Code § 43-34-11 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-11
43-34-11. Emergency licenses
Status: in_force

43-34-11. Emergency licenses

In the event of an unexpected vacancy in a nursing home administrator's position, the

owner, the governing body, or other appropriate authority of the nursing home may designate an

acting administrator to whom the board may issue an emergency license. This emergency

license is in force for a period not to exceed ninety days but may be renewed for an additional

ninety days by the board upon good cause shown.
N.D. Cent. Code § 43-53-09 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-09
43-53-09. Fees
Status: in_force

43-53-09. Fees

A fee, as determined by the board, must be paid to the board for original licensure. A fee

may also be established for the licensure examination. A license is valid for two years and must

be renewed biennially, with the renewal fee being determined by the board. The board may also

establish a fee for a duplicate license. Any applicant for renewal of a license that has expired

must be required to pay a late fee determined by the board. The board may also establish a fee

for continuing education sponsors. The fees established under this section must be adequate to

establish and maintain the operation of the board. Payment of a late fee is not a defense to a

charge of practicing without a license.
N.D. Cent. Code § 43-30-14 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-14
43-30-14. Hearing powers
Status: in_force

43-30-14. Hearing powers

The board may subpoena any person in this state and take testimony either orally or by

deposition, or both, with the same fees and mileage and in the same manner as prescribed by

law in judicial procedure in civil cases in courts of this state.
N.D. Cent. Code § 43-37-12 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-12
43-37-12. Issuance of license
Status: repealed

43-37-12. Issuance of license

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-59-01 — ND Code / Title 43 / Chapter 43-59 / Section 43-59-01
43-59-01. Definitions
Status: in_force

43-59-01. Definitions

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

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

2. "Licensee" means an individual licensed by the board under this chapter.

3. "Music therapist" is an individual who practices music therapy.

4. "Music therapy" is the specialized use of music and the materials of music to restore,

maintain, and improve the following areas of functioning: cognitive, psychological,

social or emotional, affective, physical, sensory or sensorimotor, motor,

communicative, and physiological functioning. Techniques used in the practice of

music therapy include the use of music to provide participatory individual and group

experiences; musical improvisation; therapeutic development of verbal skills and

nonverbal behavior; receptive music learning; lyric discussions; memory recall; music

and imagery; self-expression through composition and songwriting; socialization and

enhancement of self-esteem through music performance; relaxation to music,

including stress and pain management; learning through music; cultural and spiritual

expression; development of fine and gross motor skills through responses to rhythm;

respiratory and speech improvements through sound production; sensory integration

and stimulation; increased awareness of music for development of recreation and

leisure interests; and interactive verbal techniques to help facilitate, elicit, or

summarize the techniques listed in this subsection and build the therapeutic

relationship.
N.D. Cent. Code § 43-29-16 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-16
43-29-16. Proceedings on revocation or suspension of license - Appeals - Costs of prosecution - Disciplinary proceedings
Status: in_force

43-29-16. Proceedings on revocation or suspension of license - Appeals - Costs of

prosecution - Disciplinary proceedings.

1. All proceedings relative to the issuance, revocation, or suspension of a license, or

relative to reissuing a license that has been revoked must be conducted pursuant to

chapter 28-32. An appeal from the final decision of the board in any matter covered by

this chapter may be taken to the district court of Burleigh County or the aggrieved

party's county of residence in accordance with chapter 28-32.

2. In any order or decision issued by the board in which disciplinary action is imposed

against a veterinarian or veterinary technician, the board may direct the veterinarian or

veterinary technician to pay the board a sum not to exceed the reasonable and actual

costs, including attorney's fees, incurred by the board in the investigation and

prosecution of the case.
N.D. Cent. Code § 43-37-06 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-06
43-37-06. Powers and duties of the board
Status: in_force

43-37-06. Powers and duties of the board

The board may hire employees to assist the board in carrying out the board's duties under

this chapter and may adopt rules for:

1. Annual licensure.

2. Licensing fees not to exceed one hundred dollars per year.

3. Ethical standards of conduct.

4. Continuing competency and education.

5. License suspension or revocation.

6. Carrying out the purposes of this chapter.
N.D. Cent. Code § 43-18-17.2 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-17.2
43-18-17.2. Report of work - Exception
Status: in_force

43-18-17.2. Report of work - Exception

A person shall report doing plumbing work subject to inspection under section 43-18-17.3 to

the board upon forms furnished by the board. This section does not apply to plumbing

installations in buildings that are not connected to a public system of waterworks or sewerage or

in political subdivisions where inspection is required by local ordinance.
N.D. Cent. Code § 43-18.2-12 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-12
43-18.2-12. Violation - Penalty
Status: in_force

43-18.2-12. Violation - Penalty

Any person that violates the state plumbing code adopted under section 43-18-09, violates

section 43-18.2-03, or works under the license of another person in a manner that is in violation

of section 43-18.2-06 is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-19.1-12 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-12
43-19.1-12. General requirements for registration
Status: in_force

43-19.1-12. General requirements for registration

To be eligible for registration as a professional engineer or land surveyor or for certification

as an engineer intern or land surveyor intern, an applicant must be of good character and

reputation and shall submit a written application to the board containing such information as the

board may require together with five references, three of which references must be professional

engineers in the case of engineers or three of which references must be professional land

surveyors in the case of land surveyors, having personal knowledge of the applicant's

engineering or land surveying experience, or in the case of an application for certification as an

engineer intern or land surveyor intern, by three character references.
N.D. Cent. Code § 43-07-04.1 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-04.1
43-07-04.1. Denial, suspension, or revocation of license - Eligibility
Status: in_force

43-07-04.1. Denial, suspension, or revocation of license - Eligibility

1. The registrar may deny any application for license, deny any application for renewal of

license, or suspend or revoke any license, based on the applicant's or licensee's lack

of eligibility to act in the capacity of a contractor, upon proof of one or more of the

following:

a. The application for a license contains false or misleading information;

b. The applicant or licensee has been convicted of an offense that has direct

bearing upon the applicant's or licensee's ability to serve the public as a

contractor; or

c. The licensee or applicant has engaged in conduct as a contractor which is

dishonest or fraudulent and which the registrar finds injurious to the welfare of the

public.

2. Notwithstanding subdivision b of subsection 1, conviction of an offense does not make

a person ineligible for licensure under this chapter unless, following conviction of any

offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

3. Any applicant denied a license or denied renewal of a license may appeal the decision

to the district court of the applicant's county of residence or Burleigh County.

4. Section 43-07-15 applies to any decision by the registrar to revoke or suspend a

license.
N.D. Cent. Code § 43-23.2-02 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-02
43-23.2-02. Fees paid into fund
Status: in_force

43-23.2-02. Fees paid into fund

1. In addition to the appropriate licensing fees paid by real estate brokers and

salespersons, any person licensed as a real estate broker or salesperson for the first

time, shall pay a fee of twenty dollars at the time of obtaining the license which must

be credited into the education, research, and recovery fund. Except for assessments

paid into the fund as provided in subsection 2, any person obtaining a broker's or

salesperson's license for the first time, shall pay the fee of twenty dollars into the fund

only once.

2. If, on June thirtieth of any year, following the establishment of the real estate

education, research, and recovery fund, the amount remaining in the fund is less than

sixty thousand dollars, every licensed real estate broker and salesperson, when

renewing that person's license, shall pay, in addition to the annual renewal fee, a sum

not to exceed twenty dollars, which must have been determined by the commission to

be sufficient to restore the balance in the fund to at least sixty thousand dollars.

3. The commission shall maintain a minimum of sixty thousand dollars in the fund for

recovery purposes. Such funds must be invested and reinvested by the commission

and interest from the investments must be deposited to the credit of the fund.

Sufficient liquidity must be maintained so moneys are available to satisfy all claims that

are processed through the commission by means of the procedures established in this

chapter.

4. The commission, in the commission's discretion, may use any moneys in the fund in

excess of sixty thousand dollars, regardless of whether the excess is from education,

research, and recovery fund fees or accrued interest thereon, for the following

purposes:

a. To promote the advancement of education and research in the field of real estate

for the benefit of those licensed under chapter 43-23.

b. To underwrite educational seminars and other forms of educational projects for

the benefit of real estate licensees.

c. To establish a real estate chair or courses at North Dakota institutions of higher

learning for the purpose of making such courses available to licensees and the

general public.

d. To contract for a particular educational or research project in the field of real

estate to further the purposes of chapter 43-23.

5. The executive director of the commission shall furnish a bond in the amount of sixty

thousand dollars, upon such conditions as the commission may prescribe.
N.D. Cent. Code § 43-23.5-02 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-02
43-23.5-02. Rulemaking authority
Status: in_force

43-23.5-02. Rulemaking authority

The board shall have the authority to adopt rules that are reasonably necessary to

implement, administer, and enforce the provisions of this chapter.
N.D. Cent. Code § 43-39-04 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-04
43-39-04. Unlawful practice
Status: in_force

43-39-04. Unlawful practice

1. A person may not practice athletic training or hold that person out as being an athletic

trainer in this state unless that person is an individual licensed in accordance with this

chapter.

2. A person may not consult, teach, or supervise or hold that person out as being able to

consult, teach, or supervise athletic training curricular courses in this state unless that

person is an individual licensed in accordance with this chapter or chapter 43-17 or

possesses a degree in a health-related field.

3. A person may not represent that person as being a licensed athletic trainer or use in

connection with that person's name any letters, words, or insignia indicating or

implying that the person is a licensed athletic trainer unless that person is an individual

licensed in accordance with this chapter.
N.D. Cent. Code § 43-10.1-07.1 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-07.1
43-10.1-07.1. Administration
Status: in_force

43-10.1-07.1. Administration

The commissioner has the power to promulgate rules and regulations having the force and

effect of law, reasonably necessary to carry out the provisions of this chapter, in accordance

with chapter 28-32. Any hearing held and any orders issued pursuant to this chapter must be in

accordance with chapter 28-32. In addition to those powers set forth in chapter 28-32, the

commissioner has additional powers as set forth in this chapter.