N.D. Cent. Code § 43-04-13 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-13
43-04-13. Investigations
Status: in_force

43-04-13. Investigations

The practice and procedure of the board with respect to any investigation by the board

authorized by this chapter must be in accordance with rules and regulations to be promulgated

by the board, which must provide for at least twenty days' notice in writing to all persons

affected by orders to be made by the board after such investigation, and an opportunity to be

heard either in person or by counsel and to introduce testimony in their behalf at a public

hearing to be held for that purpose. Notice of any such investigation or hearing must be given to

all persons to be directly affected thereby in the manner and form provided in section 43-04-41.

For the purposes of such investigation or any hearing which the board is authorized or required

to conduct, the board or any members thereof, and its secretary, may conduct such hearing,

administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses

and the production of books, papers, documents, and testimony. In case of failure of any person

to comply with any order of the board or a subpoena issued by the board, or by any of its

members, or its secretary, or on the refusal of a witness to testify to any matter regarding which

the witness may be lawfully interrogated, the district judge of the county in which the person

resides, on application of any member of the board, or its secretary, by order duly entered, may

require the compliance of such person with any such order, and may enforce such compliance

as in the case of disobedience of the requirements of a subpoena issued from such court, or of

a refusal to testify therein. Each officer who serves a subpoena shall receive the same fees as a

sheriff, and each witness who appears in obedience to a subpoena, before the board or a

member, or its secretary, shall receive for attendance the fees and mileage provided for

witnesses in civil cases in the courts of this state, which must be audited and paid in the same

manner as other expenses are audited and paid, upon the presentation of proper vouchers

approved by any two members of the board. No witnesses subpoenaed at the instance of a

party other than the board, or one of its members, or its secretary shall be entitled to

compensation unless the board certifies that this testimony was material to the matter

investigated.
N.D. Cent. Code § 43-12.1-16 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-16
43-12.1-16. Delegation of medication administration
Status: in_force

43-12.1-16. Delegation of medication administration

A licensed nurse may delegate medication administration to a person exempt under

subsections 9 and 13 of section 43-12.1-04.
N.D. Cent. Code § 43-34-03.1 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-03.1
43-34-03.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-34-03.1. Conviction not bar to licensure - Exceptions

Conviction of an offense does not disqualify a person from licensure under this chapter

unless the board determines that the offense has a direct bearing upon a person's ability to

serve the public as a nursing home administrator, or that, following conviction of any offense,

the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-28-04 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-04
43-28-04. Qualifications and appointment of members of the board - Limited vote
Status: in_force

43-28-04. Qualifications and appointment of members of the board - Limited vote

1. An individual may not be appointed as a dentist member of the board unless that

individual:

a. Is a dentist licensed and registered under this chapter; and

b. Is actively engaged in the practice of dentistry and has been so engaged in this

state for at least five years immediately preceding the appointment.

2. An individual may not be appointed as the dental hygienist member of the board

unless that individual:

a. Is a licensed and registered dental hygienist in accordance with chapter 43-20;

and

b. Is actively engaged in the practice of dental hygiene and has been so engaged in

this state for at least five years immediately preceding the dental hygienist's

appointment.

3. An individual may not be appointed as the dental assistant member of the board

unless that individual:

a. Is a registered dental assistant in accordance with chapter 43-20; and

b. Is actively practicing as a registered dental assistant and has been so practicing

in this state for at least five years immediately preceding the dental assistant's

appointment.

4. An individual may not be appointed as the independent consumer member of the

board unless that individual:

a. Has been a resident of North Dakota for five years immediately preceding

appointment;

b. Has no personal, family, or financial relationship with the dental profession; and

c. Is not a dentist, a dental hygienist, a dental assistant, a physician, a nurse, or the

spouse of an individual engaged in any of those occupations.

5. The dental hygienist, dental assistant, and independent consumer member of the

board shall exercise full voting privileges in all areas except that the dental hygienist

may not participate in the clinical examination of dentists for licensure and the dental

assistant and independent consumer member may not participate in the clinical

examination of dentists or hygienists for licensure. Each appointee must continue to

meet the criteria for appointment for the duration of the appointee's term.
N.D. Cent. Code § 43-57-02.1 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-02.1
43-57-02.1. Compensation - Expenses of board
Status: in_force

43-57-02.1. Compensation - Expenses of board

A member of the board is entitled to receive for each day during which the member actually

is engaged in the performance of the duties of the member's office per diem as determined by

the board and mileage as provided in section 54-06-09. The secretary of the board is entitled to

receive salary or other compensation and allowance for clerical and other expenses of the

board as the board determines.
N.D. Cent. Code § 43-15-13.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13.1
43-15-13.1. North Dakota pharmaceutical association - How governed
Status: repealed

43-15-13.1. North Dakota pharmaceutical association - How governed

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-44-15 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-15
43-44-15. Suspension and revocation of license - Refusal to renew
Status: in_force

43-44-15. Suspension and revocation of license - Refusal to renew

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke

a license, or may impose probationary conditions on a licensee if the licensee or

applicant has been found guilty of unprofessional conduct which has endangered or is

likely to endanger the health, welfare, or safety of the public. Unprofessional conduct

includes:

a. Obtaining a license by means of fraud, misrepresentation, or concealment of

material facts.

b. Being guilty of unprofessional conduct as defined by rules adopted by the board,

or violating any code of ethics adopted by the board.

c. Being convicted of an offense, as defined by section 12.1-01-04, that the board

determines has a direct bearing upon a person's ability to serve the public as a

licensed registered dietitian or a licensed nutritionist or, following conviction of

any offense, if the board determines that the person is not sufficiently

rehabilitated under section 12.1-33-02.1.

d. Violating any lawful order or rule of the board.

e. Violating this chapter.

2. A denial, refusal to renew, suspension, revocation, or imposition of probationary

conditions upon a licensee may be ordered by the board after a hearing pursuant to

rules adopted by the board. An application for reinstatement may be made to the

board one year from the date of the revocation of a license. The board may at its

discretion accept or reject an application to consider such reinstatement.
N.D. Cent. Code § 43-40-09 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-09
43-40-09. Occupational therapy assistant licensure as occupational therapist
Status: repealed

43-40-09. Occupational therapy assistant licensure as occupational therapist

Repealed by S.L. 1999, ch. 394, § 16.
N.D. Cent. Code § 43-23-08.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-08.1
43-23-08.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-23-08.1. Conviction not bar to licensure - Exceptions

Conviction of an offense does not disqualify a person from licensure under this chapter

unless the commission determines that the offense has a direct bearing upon a person's ability

to serve the public as a real estate broker or salesperson, or that, following conviction of any

offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-46-01 — ND Code / Title 43 / Chapter 43-46 / Section 43-46-01
43-46-01. Definitions
Status: in_force

43-46-01. Definitions

1. "Board" means:

a. The board of registry in podiatry;

b. The state board of chiropractic examiners;

c. The state board of funeral service;

d. The North Dakota board of nursing;

e. The North Dakota state board of optometry;

f. The state board of pharmacy;

g. The North Dakota board of medicine;

h. The North Dakota board of massage therapy;

i. The state examining committee for physical therapists;

j. The state board of dental examiners;

k. The state board of veterinary medical examiners;

l. The North Dakota state board of psychologist examiners;

m. The board of hearing aid specialists;

n. The North Dakota state board of examiners for nursing home administrators;

o. The state board of examiners of audiology and speech pathology;

p. The North Dakota board of athletic trainers;

q. The board of occupational therapy practice;

r. The North Dakota board of social work examiners;

s. The North Dakota state board of respiratory care;

t. The board of dietetic practice;

u. The board of addiction counseling examiners; and

v. Any health care-related board granted licensing authority by the legislative

assembly after July 1, 1989.

2. "Peer assistance entity" means an organization, a program, or a committee or a

professional association which is designed to address the issues of alcoholism and

other drug dependency and impairment affecting practitioners of the health care

professions.
N.D. Cent. Code § 43-17-27.2 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-27.2
43-17-27.2. Record retention requirements
Status: in_force

43-17-27.2. Record retention requirements

1. A licensee shall retain all medical records, unless otherwise appropriately transferred

to another licensee or entity, for at least seven years from the last date of service for

each patient, except as otherwise required by law.

2. The board may adopt rules to implement record retention and requirements for

transfer of medical records for situations in which the licensee sells the licensee's

medical practice, departs from the medical practice, or upon licensee death,

incapacity, or retirement.
N.D. Cent. Code § 43-19.1-21 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-21
43-19.1-21. Seals
Status: in_force

43-19.1-21. Seals

Each registrant under this chapter upon registration may obtain a seal of the design

authorized by the board, bearing the registrant's name, registration number, and the legend

"registered professional engineer" or "registered professional land surveyor". Final engineering

drawings, specifications, maps, plats, reports, or other documents prepared by a person

required to be registered under this chapter, when presented to a client, contractor,

subconsultant, or any public agency, must be signed, dated, and stamped with the seal or

facsimile of the seal. A working drawing or unfinished document must contain a statement to the

effect the drawing or document is preliminary and not for construction, recording purposes, or

implementation. It is unlawful for a registrant to affix or permit the registrant's seal and signature

or facsimiles thereof to be affixed to any engineering drawings, specifications, maps, plats,

reports, or other documents after the expiration or revocation or during the suspension of a

certificate, or for the purpose of aiding and abetting any other person to evade or attempt to

evade any provision of this chapter.
N.D. Cent. Code § 43-30-01 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-01
43-30-01. Definitions
Status: in_force

43-30-01. Definitions

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

1. "Board" means the private investigative and security board.

2. "Employee" means an employee under a contract of employment as defined in chapter

34-01, and not an independent contractor as defined by the common-law test.

3. "Executive director" means a person appointed by the board on a full-time or part-time

basis to be responsible and accountable to the board for the proper administration of

the board's duties.

4. "License" includes a registration issued by the board.

5. "Licensee" includes an individual who is registered by the board.

6. "Private investigative service" means, for a fee, reward, or other consideration,

undertaking any of the following acts for the purpose of obtaining information for

others:

a. Investigating the identity, habits, conduct, movements, whereabouts,

transactions, reputation, or character of any person or organization;

b. Investigating the credibility of persons;

c. Investigating the location or recovery of lost or stolen property, missing persons,

owners of abandoned property or escheated property, or heirs to estates;

d. Investigating the origin of and responsibility for libels, losses, accidents, or

damage or injuries to persons or property;

e. Investigating the affiliation, connection, or relationship of any person, firm, or

corporation with any organization, society, or association, or with any official,

representative, or member thereof;

f. Investigating the conduct, honesty, efficiency, loyalty, or activities of employees,

persons seeking employment, agents, or contractors and subcontractors;

g. Investigating or obtaining evidence to be used before any authorized investigating

committee, board of award, board of arbitration, administrative body, or officer or

in preparation for trial of civil or criminal cases; or

h. Investigating the identity or location of persons suspected of crimes or

wrongdoing.

7. "Private security service" means furnishing for hire security officers or other persons

to:

a. Protect persons or property;

b. Prevent or detect theft or the unlawful taking of goods, wares, or merchandise, or

to prevent the misappropriation or concealment of goods, wares, merchandise,

money, bonds, stocks, choses in action, notes, or other valuable documents or

papers;

c. Control, regulate, or direct the flow of or movements of the public, whether by

vehicle or otherwise, to assure protection of private property;

d. Prevent or detect intrusion, unauthorized entry or activity, vandalism, or trespass

on private property;

e. Perform the service of a security officer or other person for any of these

purposes; or

f. Transport money or negotiable securities to or from a financial institution or

between business locations on a regular or daily basis, except for mail delivery.
N.D. Cent. Code § 43-11-22 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-22
43-11-22. Board to determine qualifications of applicants - Delegation of power
Status: in_force

43-11-22. Board to determine qualifications of applicants - Delegation of power

The qualifications of applicants for admission to examination for registration and for

certification or licensure to practice under this chapter must be determined by the board. The

board may delegate authority under this section to support staff.
N.D. Cent. Code § 43-55-04 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-04
43-55-04. Fees
Status: in_force

43-55-04. Fees

1. Upon filing of an application for a license, a professional employer organization shall

pay a fee of one thousand dollars.

2. Upon filing of an application for renewal of a license, a professional employer

organization shall pay a fee of five hundred dollars.

3. Any fees collected under this chapter must be deposited in the secretary of state's

operating fund.
N.D. Cent. Code § 43-47-04 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-04
43-47-04. Representation to the public
Status: in_force

43-47-04. Representation to the public

Only persons licensed under this chapter may use the title "professional counselor" or

"associate professional counselor", or the abbreviations "LPC" or "LAPC". The license issued by

the board must be prominently displayed at the principal place of business of the counselor.
N.D. Cent. Code § 43-51-07 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-07
43-51-07. License compacts
Status: in_force

43-51-07. License compacts

A board may establish, by administrative rule, conditions and procedures for foreign

practitioners to practice in this state pursuant to written compacts or agreements between the

board and one or more other states or jurisdictions or pursuant to any other method of license

recognition that ensures the health, safety, and welfare of the public. Any compact or agreement

by a board does not become binding on this state until implemented by administrative rules

under this section.
N.D. Cent. Code § 43-19.1-29 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-29
43-19.1-29. Exemption clause
Status: in_force

43-19.1-29. Exemption clause

This chapter does not prevent or affect:

1. The practice or offer to practice engineering by an individual not a resident or having

no established place of business in this state, if that individual is legally qualified by

registration to practice engineering in another state or country that extends similar

privileges to individuals registered under this chapter. However, that individual shall

make an application accompanied by the appropriate application fee to the board in

writing before practicing or offering to practice engineering, and may be granted a

one-time temporary permit for a definite period of time not to exceed one year to do a

specific job. No right to practice engineering accrues to any applicant with respect to

any other work not set forth in the temporary permit. A land surveyor may not receive a

temporary permit under this subsection.

2. The work of an employee or a subordinate of an individual holding a certificate of

registration under this chapter, or an employee of an individual practicing lawfully

under subsection 1; provided such work does not include final engineering or

surveying designs or decisions and is done under the direct supervision of and verified

by an individual holding a certificate of registration under this chapter, or an individual

practicing lawfully under subsection 1.

3. The practice of any other legally recognized profession or trade, nor does the chapter

permit registered professional engineers to perform duties requiring the services of a

licensed architect, as provided by the laws of the state of North Dakota licensing and

regulating architects and architecture.

4. The practice of engineering or land surveying by any individual regularly employed to

perform engineering services solely for that individual's employer or for a subsidiary or

affiliated corporation or limited liability company of that individual's employer, providing

the services performed are in connection with the property, products, or services of

that individual's employer, unless the board determines the property, products, or

services are of a unique type requiring registration to protect the public.

5. The performance of work ordinarily performed by a person that operates or maintains

machinery or equipment.
N.D. Cent. Code § 43-17-22 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-22
43-17-22. License - Fees
Status: repealed

43-17-22. License - Fees

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-11-11 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-11
43-11-11. Rules of cleaning and disinfecting - Practice outside salon
Status: in_force

43-11-11. Rules of cleaning and disinfecting - Practice outside salon

The board with the approval of the department of health and human services shall adopt

rules of cleaning and disinfecting necessary to prevent the creating and spreading of infectious

and contagious diseases. A cosmetologist, esthetician, advanced esthetician, or manicurist may

practice outside of a licensed establishment under rules adopted by the board. The board shall

inspect establishments and schools to assure compliance with rules of cleaning and

disinfecting.
N.D. Cent. Code § 43-39-03 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-03
43-39-03. Records
Status: in_force

43-39-03. Records

The board shall keep a record of its proceedings under this chapter and a record of all

persons licensed by the board. The record must show the name of every living licensee and the

licensee's last-known place of employment and last-known place of residence and the date and

number of the licensee's license certificate. Any interested person in the state is entitled to a

printed copy of that record on application to the board and payment of such reasonable charge

as may be fixed by the board based on the cost involved.
N.D. Cent. Code § 43-25-12 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-12
43-25-12. Power of board to revoke, suspend, or annul licenses
Status: repealed

43-25-12. Power of board to revoke, suspend, or annul licenses

Repealed by S.L. 2001, ch. 384, § 15.
N.D. Cent. Code § 43-13-07 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-07
43-13-07. Compensation and expenses of board members
Status: in_force

43-13-07. Compensation and expenses of board members

A member of the board shall receive as compensation for each day the member actually is

engaged in performing the duties of office a per diem as established by the board, mileage and

travel expenses as are provided for in section 54-06-09.
N.D. Cent. Code § 43-15-33 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-33
43-15-33. License to sell emergency medicines
Status: repealed

43-15-33. License to sell emergency medicines

Repealed by S.L. 1999, ch. 379, § 8.
N.D. Cent. Code § 43-02.2-01 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-01
43-02.2-01. Purpose
Status: in_force

43-02.2-01. Purpose

It is the policy of this state, and the purpose of this chapter, to promote the reliability of

information that is used for guidance in financial transactions or for accounting for or assessing

the financial status or performance of commercial, noncommercial, and governmental

enterprises. Public interest requires that persons professing special competence in accountancy

or offering assurance as to the reliability or fairness of presentation of such information have

demonstrated or maintained their qualifications to do so, and that persons who have not

demonstrated and maintained such qualifications, including certificate holders not in public

practice, not be permitted to hold themselves out as having such special competence or to offer

such assurance. Public interest requires that the conduct of persons licensed as having special

competence in accountancy be regulated in all aspects of their professional work. Public interest

requires that a public authority competent to prescribe and assess the qualifications and to

regulate the conduct of practitioners of public accountancy and certificate holders not in public

practice be established and that the use of titles which are likely to mislead the public as to the

status or competence of the persons using such titles be prohibited.
N.D. Cent. Code § 43-30-02 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-02
43-30-02. Exemptions
Status: in_force

43-30-02. Exemptions

This chapter does not apply to:

1. Any investigator or officer directly employed by or under any direct contract with the

federal government, state, or any county or city thereof, appointed, elected, or

contracted with, by due authority of law, while engaged in the performance of official

duties. Subcontractors of agencies directly contracted with these entities are not

exempted.

2. Any state's attorney.

3. Any attorneys or counselors at law in the regular practice of their profession and any

paralegal or legal assistant employed by an attorney or law firm when the attorney or

law firm retains complete responsibility for the work product of the paralegal or legal

assistant.

4. Any person engaged exclusively in obtaining and furnishing information as to the

financial standing, rating, and credit responsibility of persons or as to the personal

habits and financial responsibilities of applicants for insurance, indemnity bonds, or

commercial credit.

5. A collection agency or finance company licensed to do business under the laws of this

state, or an employee of one of those companies, while acting within the scope of

employment when making an investigation incidental to the business of the agency,

including an investigation as to location of a debtor and of the debtor's assets or

property, provided the client has a financial interest in or a lien upon the assets or

property of the debtor.

6. Any person making any investigation of any matter in which that person or the person

by whom that person is solely employed is interested or involved.

7. A person whose sole investigative business is obtaining or furnishing information about

acts or individuals from public records, other than those investigating the location or

recovery of abandoned or escheated property, owners of abandoned or escheated

property, or heirs to estates.

8. An expert who specializes in a specific, limited area of practice, including automotive

accident reconstructions, fire origin and cause investigations, technical surveillance

countermeasures, handwriting analysis, auditor, accountant or accounting clerk

performing audits or accounting functions, or other areas of practice covered by other

licensure in the state, and other areas determined by the board, that fall within the

individual's scope of employment, incidental to the investigative profession.

9. Persons reporting for any media, including news reporters or news investigators.

10. A person providing mystery or secret shopping services, or providing a similar service,

used for evaluating customer service, products, services, pricing, locations, or

consumer issues so long as the evaluation is not for purposes of litigation or

discovering violations of law.
N.D. Cent. Code § 43-30-05.2 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-05.2
43-30-05.2. Peace officers
Status: in_force

43-30-05.2. Peace officers

Notwithstanding section 12.1-13-04, the board may issue a license to an individual who is a

peace officer if the license issued to that peace officer under chapter 12-63 is on inactive status.
N.D. Cent. Code § 43-36-18 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-18
43-36-18. Expirations and renewals
Status: in_force

43-36-18. Expirations and renewals

Certificates of registration expire on the last day of the month of December following their

issuance and become invalid after that date unless renewed. It is the duty of the secretary of the

board to notify every person registered under this chapter of the date of the expiration of said

certificate of registration and the amount of the fee required for its renewal. Such notice must be

mailed to the registrant at the registrant's last-known address at least one month in advance of

the expiration of said certificate. Renewal may be effected at any time prior to or during the

month of December by the payment of a fee established by the board not to exceed the fees

established for registration. Renewal of an expired certificate may be effected under rules

promulgated by the board regarding requirements for re-examination and penalty fees.
N.D. Cent. Code § 43-36-05 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-05
43-36-05. Board - Removal of members - Vacancies
Status: in_force

43-36-05. Board - Removal of members - Vacancies

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

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

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

appointment by the governor as provided in section 43-36-02.
N.D. Cent. Code § 43-13-32 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-32
43-13-32. Board immunity and privileged communications
Status: repealed

43-13-32. Board immunity and privileged communications

Repealed by S.L. 2019, ch. 349, § 6.
N.D. Cent. Code § 43-03-13 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-13
43-03-13. Qualifications
Status: in_force

43-03-13. Qualifications

An applicant for registration as an architect or landscape architect:

1. Must be at least eighteen years of age;

2. Must be of good moral character, with rejection possible on the basis of:

a. Conviction of an offense determined by the board to have a direct bearing upon

an applicant's ability to serve the public as an architect or a landscape architect,

or the board determines, following conviction of an offense, that the applicant is

not sufficiently rehabilitated under section 12.1-33-02.1;

b. Misstatement or misrepresentation of fact by the applicant in connection with that

individual's application; or

c. Violation of any of the standards of conduct required of registrants;

3. Must have successfully completed an examination for registration;

4. In the case of an architect, must either:

a. Hold a professional degree in architecture from an accredited school of

architecture and must have the required practical experience, as established by

the board; or

b. Provide evidence of education and experience that is substantially equivalent to a

professional degree and practical experience, as established by the board;

5. In the case of a landscape architect, must hold either:

a. A professional degree in landscape architecture from an accredited school of

landscape architecture and must have the required practical experience, as

established by the board; or

b. Provide evidence of education and experience that is substantially equivalent to a

professional degree and practical experience, as established by the board; and

6. Must satisfy registration criteria adopted by the board.
N.D. Cent. Code § 43-49-07 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-07
43-49-07. Qualification for licensure by an applicant licensed in another jurisdiction
Status: in_force

43-49-07. Qualification for licensure by an applicant licensed in another jurisdiction

Notwithstanding the requirements in section 43-49-06 for the issuance of a license, the

board shall license an individual who applies for licensure to work in this state if the applicant is

licensed as a reflexologist by another state, applies for licensure, pays the applicable fee, meets

or exceeds the requirements for licensure set by the board, and who has no imposed or pending

disciplinary actions.
N.D. Cent. Code § 43-23-08.2 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-08.2
43-23-08.2. License renewal - Continuing education required
Status: in_force

43-23-08.2. License renewal - Continuing education required

1. The commission may establish the conditions under which each applicant for renewal

of a broker's or salesperson's license, in addition to the requirements of section

43-23-08, shall submit proof of participation in approved continuing education. In

establishing the conditions for continuing education, the commission may determine

the required number of hours, the frequency and conditions of reporting requirements,

and all other terms and conditions of continuing education compliance. The

commission shall set standards for the approval of education courses that qualify for

satisfaction of this requirement, and shall maintain a current list of education courses

so approved. Attendance at a course or the completion of an education course must

be documented in accordance with procedures established by the commission. The

commission may adopt rules concerning implementation of this section pursuant to

2. A license may not be renewed by the commission unless the proper certification

showing fulfillment of the continuing education requirements of this section and the

appropriate licensing fees are submitted to the commission in accordance with section

43-23-13.1.

3. The commission may exempt licensees from the continuing education requirements of

this section for reasons relating to the licensee's health, military service, or for other

good cause. Licensees who have held a real estate license for fifteen continuous

years on January 1, 1984, are exempt from the requirements of this section.
N.D. Cent. Code § 43-17-14 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-14
43-17-14. Compensation - Expenses of board and the members thereof
Status: in_force

43-17-14. Compensation - Expenses of board and the members thereof

1. A member of the board shall receive for each day during which the member actually is

engaged in the performance of the duties of the member's office such per diem as

must be fixed by the board and as provided in sections 44-08-04 and 54-06-09.

2. The executive director of the board shall receive such salary or other compensation,

and such allowance for clerical and other expenses of the board as the board shall

determine.

3. The board may employ staff to carry out the duties under this chapter.
N.D. Cent. Code § 43-47-06.2 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-06.2
43-47-06.2. Payment of delinquent license fees - Reinstatement
Status: in_force

43-47-06.2. Payment of delinquent license fees - Reinstatement

A person who has been licensed under this chapter, and whose license has not been

renewed because of the failure to pay the annual license fee, must be reinstated and the license

renewed if within one year from the date of nonrenewal the person pays to the secretary of the

board the amount of the annual license fee in default and a late fee to be determined by rule of

the board.
N.D. Cent. Code § 43-31-09 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-09
43-31-09. Contents of license - Posting
Status: in_force

43-31-09. Contents of license - Posting

A license must be prominently displayed at the principal place of business of every

examiner or may be in the possession of the examiner when conducting examinations in a

location other than the examiner's principal place of business. Each license must be signed by

the attorney general and must be issued under the seal of the attorney general's office.
N.D. Cent. Code § 43-43-04 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-04
43-43-04. Powers and duties of department of health and human services
Status: in_force

43-43-04. Powers and duties of department of health and human services

The department of health and human services shall adopt rules consistent with and

necessary for the implementation and enforcement of this chapter, including rules concerning

the:

1. Qualifications and requirements for licensure under this chapter.

2. Application for licensure and renewal of license.

3. Licensure.

4. Fees that may not exceed fifty dollars for licensure fees.

5. Scope of practice.

6. Ethical standards of conduct.

7. Continuing competency and education requirements.

8. Grievances and complaints.

9. Reimbursement of advisory board expenses.

10. Emergency exemptions as to requirements for licensure under this chapter.

11. Qualifications and requirements for specialty licenses or credentials within the scope

of practice of an environmental health practitioner, including specialty licenses or

credentials for limited practice areas.
N.D. Cent. Code § 43-29.1-02 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-02
43-29.1-02. Loan repayment program - Veterinarians - Powers of department
Status: in_force

43-29.1-02. Loan repayment program - Veterinarians - Powers of department

The department of health and human services may:

1. Determine the eligibility and qualifications of an applicant for loan repayment funds

under this chapter;

2. Identify communities that are in need of a veterinarian and establish a priority ranking

for participation in the program by the selected communities;

3. Create and distribute a loan repayment application;

4. Determine the amount of the loan repayment funds for which an applicant may be

eligible under this chapter and, in making this determination, examine any outstanding

education loans incurred by the applicant;

5. Establish conditions regarding the use of the loan repayment funds;

6. Enter a nonrenewable contract with the selected applicant and the selected community

to provide to the applicant funds for the repayment of education loans in exchange for

the applicant agreeing to actively practice in the selected community;

7. Receive and use funds appropriated for the program;

8. Enforce any contract under the program;

9. Cancel a contract for reasonable cause;

10. Participate in federal programs that support the repayment of education loans incurred

by veterinarians and agree to the conditions of the federal programs;

11. Accept property from an entity; and

12. Cooperate with the department of health and human services to effectuate this

chapter.
N.D. Cent. Code § 43-23.3-14 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-14
43-23.3-14. Permit number displayed with signature
Status: in_force

43-23.3-14. Permit number displayed with signature

A permittee shall place the permittee's permit number adjacent to the permittee's signature

on an appraisal report, contract, or other writing used by the permittee in conducting appraisal

activities.
N.D. Cent. Code § 43-18-02 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-02
43-18-02. State board of plumbing - Members - Appointment - Qualifications
Status: in_force

43-18-02. State board of plumbing - Members - Appointment - Qualifications

The state board of plumbing shall consist of the chief sanitary engineer, or the director of

the department of environmental quality, and four persons appointed by the governor. All of the

appointed members must have been residents of this state for at least five years immediately

preceding their appointment, and one of them must be a master plumber with at least five years

of experience in North Dakota, one must be a journeyman plumber with at least five years of

experience in North Dakota, one must be a registered professional engineer practicing

mechanical engineering in North Dakota, and one must be a representative of the consuming

public.
N.D. Cent. Code § 43-23-13.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-13.1
43-23-13.1. License renewal
Status: in_force

43-23-13.1. License renewal

1. Every person licensed to practice as a real estate broker or real estate salesperson

shall register with the commission at a regular interval set by the commission not less

than annually and pay the appropriate renewal fee as provided in section 43-23-13.

The application for renewal must be accompanied by such certification as required by

this chapter and rules of the commission to show compliance with the educational

requirements of sections 43-23-08 and 43-23-08.2, and must be submitted to the

commission with the appropriate fee no later than the application deadline set by the

commission. A licensee that fails to file a timely application for the renewal of any

license and pay the renewal fee on or before the application deadline set by the

commission may file a late renewal application, together with the required educational

certification, on or before a date set by the commission and shall pay, in addition to the

renewal fee, a late fee as set by the commission for each month or fraction of a month

after the application deadline. Any license not renewed by the late renewal date set by

the commission must be canceled. The cancellation must be performed without any

notice or opportunity for hearing. Any person whose license has been canceled and

which desires relicensure must be required to satisfy the application and examination

requirements for prospective licensees in accordance with this chapter and rules of the

commission.

2. A licensee may not engage in any activity after the license renewal date set by the

commission of any year for which a license is required under this chapter unless that

person's license has been renewed by the commission.
N.D. Cent. Code § 43-12.1-08.2 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-08.2
43-12.1-08.2. Nursing needs study
Status: in_force

43-12.1-08.2. Nursing needs study

Expired under S.L. 2001, ch. 373, § 2.
N.D. Cent. Code § 43-62-10 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-10
43-62-10. Conflict of interest
Status: in_force

43-62-10. Conflict of interest

A member of the board may not participate in the making of any decision or the taking of

any action by the board or a board committee which affects the member's personal,

professional, or pecuniary interest, or that of a known relative or business or professional

associate.
N.D. Cent. Code § 43-15.3-06 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-06
43-15.3-06. Pedigree
Status: in_force

43-15.3-06. Pedigree

1. Each person who is engaged in wholesale distribution of prescription drugs, including

repackagers but excluding the original manufacturer of the finished form of the

prescription drug which leave or have ever left the normal distribution channel, before

each wholesale distribution of the drug, must provide a pedigree to the person who

receives the drug.

a. A retail pharmacy or chain pharmacy warehouse must comply with the

requirements of this section only if the pharmacy or chain pharmacy warehouse

engages in wholesale distribution of prescription drugs.

b. The board shall determine by July 1, 2009, a targeted implementation date for

electronic track and trace pedigree technology. The determination must be based

on consultation with manufacturers, distributors, and pharmacies responsible for

the sale and distribution of prescription drug products in this state. After

consultation with interested stakeholders and before implementation of the

electronic track and trace pedigree technology, the board must determine that the

technology is universally available across the entire prescription pharmaceutical

supply chain. The implementation date for the mandated electronic track and

trace pedigree technology may not be before July 1, 2010, and may be extended

by the board in one-year increments if it appears the technology is not universally

available across the entire prescription pharmaceutical supply chain.

2. Each person engaged in the wholesale distribution of a prescription drug, including a

repackager but excluding the original manufacturer of the finished form of the

prescription drug, that is provided a pedigree for a prescription drug and attempts to

further distribute that prescription drug shall verify affirmatively before any distribution

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

3. The pedigree must:

a. Include all necessary identifying information concerning each sale in the chain of

distribution of the product from the manufacturer, or the manufacturer's third-party

logistics provider, colicensed product partner, or manufacturer's exclusive

distributor, through acquisition and sale by any wholesale distributor or

repackager, until final sale to a pharmacy or other person dispensing or

administering the drug. At minimum, the necessary chain of distribution

information must include:

(1) The name, address, telephone number, and if available, the electronic mail

address, of each owner of the prescription drug, and each wholesale

distributor of the prescription drug;

(2) The name and address of each location from which the product was

shipped, if different from the owner's;

(3) The transaction dates; and

(4) A certification that each recipient has authenticated the pedigree.

b. At minimum, the pedigree must also include the:

(1) Name of the prescription drug;

(2) Dosage form and strength of the prescription drug;

(3) Size of the container;

(4) Number of containers;

(5) Lot number of the prescription drug;

(6) Name of the manufacturer of the finished dosage form; and

(7) National drug code (NDC) number.

4. Each pedigree or electronic file must be:

a. Maintained by the purchaser and the wholesale distributor for three years from

the date of sale or transfer; and

b. Available for inspection or use within five business days upon a request of an

authorized officer of the law or the board.

5. The board shall adopt rules and a form relating to the requirements of this section.
N.D. Cent. Code § 43-15-07 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-07
43-15-07. Officers of board - Bond - Duties - Compensation
Status: in_force

43-15-07. Officers of board - Bond - Duties - Compensation

The secretary and treasurer of the board each must be bonded for the faithful discharge of

their duties in the penal sum of not less than two thousand dollars. The president, secretary, and

treasurer of the board shall perform such duties as the board may prescribe. Officers of the

board may be allowed, in addition to their compensation as members of the board, such

compensation as four-fifths of the members of the board agree upon.
N.D. Cent. Code § 43-60-08 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-08
43-60-08. Reinstatement and renewal
Status: in_force

43-60-08. Reinstatement and renewal

Upon application, the board may reinstate or renew a license of an applicant whose license

has been canceled, suspended, or revoked. The board may establish the protocol for

reinstatement and renewal under this section and may impose conditions for reinstatement and

renewal.