N.D. Cent. Code § 43-06-01 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-01
43-06-01. Definitions
Status: in_force

43-06-01. Definitions

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

1. "Approved and accredited doctor of chiropractic program" means a doctor of

chiropractic program approved by the board and accredited by a board-approved

entity, such as the council on chiropractic education or its successor or equivalent.

2. "Board" means the state board of chiropractic examiners.

3. "Certified chiropractic clinical assistant" means an individual certified by the board who

in accordance with section 43-06-16.1 assists with basic health care duties in the

practice of chiropractic under the supervision of a licensed doctor of chiropractic in

good standing with the board.

4. a. "The practice of chiropractic" includes:

(1) The examination, evaluation, and diagnosis by means including x-ray, other

appropriate diagnostic imaging, clinical laboratory procedures, or pertinent

examinations taught by chiropractic colleges accredited by the council on

chiropractic education or its successor or equivalent;

(2) The treatment of patients by means of the adjustment or manipulation of the

spinal column, the vertebral articulations, the appendicular skeleton not

excluding the skull, and of any displaced tissue of any kind or nature;

(3) The practice of physiotherapy, electrotherapy, or hydrotherapy;

(4) All other procedures, treatments, and interventions taught by chiropractic

colleges accredited by the council on chiropractic education or its

successor;

(5) The rating and reporting of any permanent impairment of function and the

providing of professional opinions regarding any matter included in this

definition of practice of chiropractic as set out herein;

(6) Delegation of basic health care duties in the practice of chiropractic to a

certified chiropractic clinical assistant; and

(7) Telehealth.

b. The practice of chiropractic does not include prescribing for, removal of, or

administering to any person any medicine or drug to be taken internally which is

now or hereafter included in materia medica, nor performing any surgery, except

as is provided in this section, nor practicing obstetrics.

5. "Telehealth" means the use of electronic communications to provide and deliver

chiropractic-related information and chiropractic services, including chiropractic-related

information and services, over any distance. Telehealth encompasses chiropractic care

and chiropractic promotion activities, including education, advice, reminders,

interventions, and the monitoring of interventions.
N.D. Cent. Code § 43-09-06 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-06
43-09-06. Meetings of board
Status: in_force

43-09-06. Meetings of board

The board shall hold a meeting in January of each year in Bismarck and may hold such

other meetings as are necessary to conduct examinations and perform the other duties coming

before it. Special meetings must be held at the time and place determined by the president, and

upon ten days' written notice given by the president to each member of the board.
N.D. Cent. Code § 43-17-07 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-07
43-17-07. Meetings of the board
Status: in_force

43-17-07. Meetings of the board

The board shall hold at least three meetings in each calendar year and may call such

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

may designate.
N.D. Cent. Code § 43-48-01 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-01
43-48-01. Definitions
Status: in_force

43-48-01. Definitions

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

1. "Board" means the North Dakota board of clinical laboratory practice.

2. "Clinical laboratory" means a site where clinical laboratory testing is done.

3. "Clinical laboratory personnel" means all clinical laboratory scientists or medical

technologists or specialists, and clinical laboratory technicians or medical laboratory

technicians working in a clinical laboratory, but does not include persons employed by

a clinical laboratory to perform clerical duties or other duties classified as supportive

functions not related to the direct performance of patient tests, such as phlebotomists,

does not include clinical laboratory students, and does not include cytologists

performing cytology procedures and histologists or histotechnicians performing

histology procedures.

4. "Clinical laboratory student" means a person having qualified and enrolled in an

approved program of structured clinical education and who is seeking training and

experience required to meet minimum qualifications for a license by the board to

practice as a clinical laboratory person in this state.

5. "Clinical laboratory testing" means a microbiological, serological, chemical,

hematological, radiobioassay, biophysical, or immunological assay which is derived

from the human body, to provide information for diagnosis, prevention, or treatment of

a disease or assessment of a medical condition.

6. "Consumer" means a person who might use laboratory medicine services or the

services of its practitioners, but does not derive such person's livelihood from these

services.

7. "National certifying examination" means national examinations given to certify clinical

laboratory personnel and recognized by the board.

8. "Screening test" means a test measuring only the approximate value of the analyte

being tested and not used for diagnosis.

9. "Specimen" means any material derived from the human body for examination or other

procedure for the purpose of providing information for the diagnosis, prevention, or

treatment of any disease, impairment, or assessment of the health of humans.

10. "Structured clinical education" means a program accredited by an appropriate

accrediting agency to provide a predetermined amount of instruction and experience in

clinical laboratory, and approved or modified by the board.
N.D. Cent. Code § 43-01-21 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-21
43-01-21. Abstract prima facie evidence of title - When recorded
Status: in_force

43-01-21. Abstract prima facie evidence of title - When recorded

If the records of deeds, mortgages, liens, judgments, and instruments of like nature in any

county have been lost or destroyed, the abstract prepared by a regularly bonded abstracter of

said county must be deemed prima facie evidence of title, and such regularly certified abstract

of title may be recorded as other instruments are recorded.
N.D. Cent. Code § 43-10-01 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-01
43-10-01. Definitions
Status: in_force

43-10-01. Definitions

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

1. "Board" means the state board of funeral service.

2. "Crematorium" means a furnace or establishment for the cremation of corpses.

3. "Embalming" means preparing dead human bodies for final disposition or removal by

the injection of antiseptic or preservative preparations into the skin, the blood vessels,

or cavities of the body, the external application of antiseptic solution, taking charge of

the remains of those dead of any communicable disease, preparing dead human

bodies for shipment or holding oneself out to do any of the above acts by advertising

or any other means.

4. "Final disposition" means the entombment, burial in a cemetery, cremation, removal

from the state, or whole-body donation to a school of medicine of a dead human body.

5. "Funeral directing" means the care and disposal of the body of a deceased person; the

preserving, disinfecting, and preparing, by embalming or otherwise, the body of a

deceased person for funeral services, transportation to a point of final disposition,

burial, or cremation; or arranging, directing, or supervising a funeral, memorial service,

or gravesite service.

6. "Funeral establishment" means any place or premises devoted to or used in the

holding, care, or preparation of a dead human body for final disposition or

transportation or for mourning or funeral ceremony purposes.

7. "Funeral practitioner" means a person licensed by the board to practice funeral

directing and embalming.

8. "Intern embalmer" means a person registered with the board to engage in learning the

practice of embalming under the instruction and personal supervision of a duly

licensed funeral practitioner.

9. "Practice of funeral service" means to engage in funeral directing or embalming.

10. "Preparation of the body" means embalming of the body or such items of care as

washing, disinfecting, shaving, positioning of features, restorative procedures, care of

hair, application of cosmetics, dressing, and casketing.
N.D. Cent. Code § 43-11-13.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-13.1
43-11-13.1. License - Master esthetician and master manicurist
Status: repealed

43-11-13.1. License - Master esthetician and master manicurist

Repealed by S.L. 2021, ch. 309, § 31.
N.D. Cent. Code § 43-49-03 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-03
43-49-03. Removal of members of the board
Status: in_force

43-49-03. Removal of members of the board

The governor may remove from office any member of the board for neglect of duties under

this chapter, malfeasance or incompetency in office, or unprofessional conduct. The governor

may fill any vacancy resulting from removal, resignation, or death of any member of the board.

An appointee under this section must be a reflexologist licensed by the board.
N.D. Cent. Code § 43-55-06 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-06
43-55-06. General requirements
Status: in_force

43-55-06. General requirements

1. Except as specifically provided in this chapter or in a professional employer

agreement, in each coemployment relationship:

a. The client is entitled to exercise all rights and is obligated to perform all duties

and responsibilities otherwise applicable to an employer in an employment

relationship.

b. The professional employer organization is entitled to exercise only those rights

and obligated to perform only those duties and responsibilities specifically

required by this chapter or set forth in the professional employer agreement. The

rights, duties, and obligations of the professional employer organization as

coemployer with respect to any covered employee are limited to those arising

under the professional employer agreement and this chapter during the term of

coemployment by the professional employer organization of the covered

employee.

c. The client retains the exclusive right to direct and control any covered employee

as is necessary to conduct the client's business, to discharge any of the client's

fiduciary responsibilities, or to comply with any licensure requirements applicable

to the client or to a covered employee.

2. Except as specifically provided in this chapter, a coemployment relationship between

the client and the professional employer organization, and between each coemployer

and each covered employee, must be governed by the professional employer

agreement. Each professional employer agreement must include:

a. The allocation of rights, duties, and obligations.

b. (1) A statement that provides that:

(a) The professional employer organization shall pay wages to any

covered employee and shall withhold, collect, report, and remit

payroll-related and unemployment taxes on wages paid to the covered

employee by the professional employer organization;

(b) The client shall accurately report all wages of a covered employee to

the professional employer organization; and

(c) The professional employer organization shall make payments for

employee benefits for covered employees to the extent the

professional employer organization has assumed responsibility in the

professional employer agreement.

(2) As used in this subdivision, the term "wages" means all remuneration for

services to the professional employer organization and the client, regardless

of source, including a commission or bonus and the cash value of any

remuneration in a medium other than cash. Any gratuity customarily

received by an individual in the course of the individual's service from any

source other than the client or the professional employer organization must

be treated as wages received from the individual's coemployers.

c. A statement providing that the professional employer organization has the right to

hire, discipline, and terminate a covered employee as may be necessary to fulfill

the professional employer organization's responsibilities under this chapter and

the professional employer agreement and that the client has the right to hire,

discipline, and terminate a covered employee.

d. A statement addressing the responsibility to obtain workers' compensation

coverage.

3. Under each professional employer agreement entered by a professional employer

organization, the professional employer organization shall provide written notice to

each covered employee affected by the agreement of the general nature of the

coemployment relationship.

4. Except to the extent otherwise expressly provided by a professional employer

agreement:

a. A client is solely responsible for the quality, adequacy, or safety of the goods or

services produced or sold in the client's business.

b. A client is solely responsible for directing, supervising, training, and controlling the

work of a covered employee with respect to the business activities of the client

and solely responsible for any act, error, or omission of a covered employee

relating to those activities.

c. A client is not liable for any act, error, or omission of a professional employer

organization or of any covered employee of the client and a professional

employer organization if the covered employee is acting under the express

direction and control of the professional employer organization.

d. A professional employer organization is not liable for any act, error, or omission of

a client or of any covered employee of the client if the covered employee is acting

under the express direction and control of the client.

e. This subsection does not limit any contractual liability or obligation specifically

provided in the written professional employer agreement.

f. A covered employee is not, solely as the result of being a covered employee of a

professional employer organization, an employee of the professional employer

organization for purposes of general liability insurance, fidelity bond, surety bond,

employer's liability not covered by workers' compensation, or liquor liability

insurance carried by the professional employer organization unless the covered

employee is included by specific reference in the professional employer

agreement and applicable prearranged employment contract, insurance contract,

or bond.

5. A professional employer organization is not engaged in the sale of insurance or in

acting as a third-party administrator by offering, marketing, selling, administering, or

providing professional employer services which include services and employee benefit

plans for a covered employee.

6. Nothing in this chapter or in a professional employer agreement may be construed to

affect the provisions of section 52-04-24 or 65-01-08.
N.D. Cent. Code § 43-05-03 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-03
43-05-03. Board of podiatric medicine - Appointment of members - Term of office - Qualifications - Vacancies - Duties - Quorum - Records
Status: in_force

43-05-03. Board of podiatric medicine - Appointment of members - Term of office -

Qualifications - Vacancies - Duties - Quorum - Records.

The board of podiatric medicine consists of six persons appointed by the governor for a

term of four years each with the terms of office so arranged that no more than two terms expire

on the thirteenth day of June of any year. A member of the board may not serve for more than

two successive terms. A member may not be reappointed to the board after serving two

successive terms unless at least two years have elapsed since the member last served on the

board. Four members of the board must hold doctor of podiatric medicine degrees and must

have practiced podiatric medicine in this state for at least two years before their appointment,

one member must be a doctor of medicine who holds a doctor of medicine degree and has

practiced in this state for at least two years before the appointment, and one member, who is

designated as a public member, must be a resident of this state, be at least twenty-one years of

age, and may not be affiliated with any group or profession that provides or regulates health

care in any form.

A member of the board shall qualify by taking the oath of office required of civil officers and

shall hold office until a successor is appointed and qualified. The governor shall fill any vacancy

by appointment for the unexpired term. The board may employ and compensate attorneys,

investigative staff, clerical assistants, or others to assist in the performance of the duties of the

board.

A majority of the board constitutes a quorum to transact business, make any determination,

or take any action. The board shall keep a record of its proceedings and of applications for

licenses. Applications and records must be preserved for at least six years beyond the

disposition of the application or record or the last annual registration of the licensee, whichever

is longer.
N.D. Cent. Code § 43-17.5-12 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-12
43-17.5-12. Construction and severability
Status: in_force

43-17.5-12. Construction and severability

1. This compact and the commission's rulemaking authority must be liberally construed

so as to effectuate the purposes, and the implementation and administration of the

compact. Provisions of the compact expressly authorizing or requiring the

promulgation of rules may not be construed to limit the commission's rulemaking

authority solely for those purposes.

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

provision of this compact is held by a court of competent jurisdiction to be contrary to

the constitution of any participating state, a state seeking participation in the compact,

or of the United States, or the applicability thereof to any government, agency, person

or circumstance is held to be unconstitutional by a court of competent jurisdiction, the

validity of the remainder of this compact and the applicability thereof to any other

government, agency, person or circumstance are not affected thereby.

3. Notwithstanding this section, the commission may deny a state's participation in the

compact or, in accordance with the requirements of section 43-17.5-10, terminate a

participating state's participation in the compact, if it determines that a constitutional

requirement of a participating state is, or would be with respect to a state seeking to

participate in the compact, a material departure from the compact. Otherwise, if this

compact is held to be contrary to the constitution of any participating state, the

compact must remain in full force and effect as to the remaining participating states

and in full force and effect as to the participating state affected as to all severable

matters.
N.D. Cent. Code § 43-25-04 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-04
43-25-04. Exemptions
Status: in_force

43-25-04. Exemptions

The following persons are exempt from this chapter:

1. Schools that furnish massage services to their student athletes.

2. Any student of a school of massage who is practicing massage in the course of

fulfilling a required massage therapy practicum under the direct supervision of a

licensed massage therapist or in the course of participating in a school-supervised

student massage clinic under the direct supervision of a licensed massage therapist, a

school may charge a fee and students may accept tips under a policy set by the

school. Students may practice homework unsupervised on other students, family, or

friends, but no fee or tip may be charged or accepted. These massages may only be

performed at the school or at the residence of the student, family member, or friend.

3. Any individual who is engaged in a profession or occupation for which the individual is

licensed by this state, as long as the individual's activities are performed in the course

of the bona fide practice of the individual's profession or occupation and as long as the

individual does not represent to the public that the individual is a massage therapist or

is engaged in the practice of massage and does not perform massage while working in

a massage establishment.

4. A health spa or similar business to the extent the spa or business is performing

superficial applications used for beautification or health of the skin, including salt glows

and contouring.

5. Any individual instructor demonstrating massage techniques as a component of a

board-approved seminar.

6. Any individual practicing healing by manipulating the energy field or the flow of energy

of the human body by means other than the manipulation of the soft tissues of the

human body, provided that the individual's services are not designated or implied to be

massage or massage therapy. For purposes of this subsection, a light touch or tap is

not a manipulation of the soft tissues of the human body.
N.D. Cent. Code § 43-10-06.2 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-06.2
43-10-06.2. Continuing education requirements
Status: in_force

43-10-06.2. Continuing education requirements

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

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

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

failed to meet the applicable continuing education requirements. Applicants for accreditation of

continuing education courses, classes, or activities may be charged a reasonable fee

determined by the board.
N.D. Cent. Code § 43-25-16 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-16
43-25-16. Other laws unaffected by this chapter
Status: repealed

43-25-16. Other laws unaffected by this chapter

Repealed by S.L. 2001, ch. 384, § 15.
N.D. Cent. Code § 43-17-16 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-16
43-17-16. License required
Status: repealed

43-17-16. License required

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-10-02 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-02
43-10-02. State board of funeral service - Members - Appointment - Qualifications - Term of office - Oath - Vacancies - Removal
Status: in_force

43-10-02. State board of funeral service - Members - Appointment - Qualifications -

Term of office - Oath - Vacancies - Removal.

The board consists of the state health officer or designee and three persons appointed by

the governor. Each member appointed by the governor shall serve for a term of four years and

until a successor is appointed and qualified. The terms of office of the appointed members

expire on the thirtieth day of June and must be so arranged that only one expires in any one

year. The appointed members of the board must be persons practicing embalming in this state

and must have practiced for a minimum of three years in North Dakota. Each member shall

qualify by taking the oath of office required of civil officers. The secretary of state may

administer the oath and it must be filed in the office of the secretary of state. A vacancy on the

board must be filled by appointment by the governor for the unexpired term. The governor may

remove any member of the board for good cause.
N.D. Cent. Code § 43-17-31.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-31.1
43-17-31.1. Costs of prosecution - Disciplinary proceedings
Status: in_force

43-17-31.1. Costs of prosecution - Disciplinary proceedings

In any order or decision issued by the board in resolution of a disciplinary proceeding in

which disciplinary action is imposed against a physician or physician assistant, the board may

direct any physician or physician assistant to pay the board a sum not to exceed the reasonable

and actual costs, including reasonable attorney's fees, incurred by the board and investigative

panels of the board in the investigation and prosecution of the case. If applicable, the

physician's or physician assistant's license may be suspended until the costs are paid to the

board. A physician or physician assistant 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 judge is final. The

hearing must occur before the physician's license or physician assistant's license may be

suspended for nonpayment.
N.D. Cent. Code § 43-29.1-01 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-01
43-29.1-01. Loan repayment program - Veterinarians - Maximum amount of funds
Status: in_force

43-29.1-01. Loan repayment program - Veterinarians - Maximum amount of funds

Each year the department of health and human services, in consultation with the state

board of animal health, shall select qualified applicants to participate in a loan repayment

program, as provided for in this chapter. Each applicant must be a veterinarian and must agree

to provide food animal veterinary medicine services to communities in this state. The selected

applicants are eligible to receive up to eighty thousand dollars in loan repayment funds. The

number of applicants that the department of health and human services may select for

participation in the loan repayment program is limited only by the moneys available to support

the program, as provided for in this chapter.
N.D. Cent. Code § 43-04-16 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-16
43-04-16. Order fixing minimum price schedules of barber services
Status: repealed

43-04-16. Order fixing minimum price schedules of barber services

Repealed by S.L. 1979, ch. 459, § 6.
N.D. Cent. Code § 43-36-09 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-09
43-36-09. Records and reports
Status: in_force

43-36-09. Records and reports

The board shall:

1. Keep a record of its proceedings and of all applications for registration which record

must show the name, age, and last-known address of each applicant, the place of

business of such applicant, the applicant's education, experience and other

qualifications, type of examination required, whether or not a certificate of registration

was granted, whether or not the applicant was rejected, the date of the action of the

board, and such other information as may be deemed necessary by the board which

record of the board is prima facie evidence of the proceeding of the board and a

transcript thereof duly certified by the secretary under seal is admissible as evidence

with the same force and effect as if the original were produced.

2. Annually as of January first submit to the governor a report of its transactions of the

preceding year and shall transmit to the governor a complete statement of the receipts

and expenditures of the board attested by affidavits of its chairman and its secretary.
N.D. Cent. Code § 43-18.2-10 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-10
43-18.2-10. Revocation of licenses
Status: in_force

43-18.2-10. Revocation of licenses

The board may revoke any license issued under this chapter if the licensee has:

1. Committed an offense, as defined by section 12.1-01-04, determined by the board to

have a direct bearing upon a holder's ability to serve the public as a sewer and water

contractor, sewer and water installer, or a sewer and water installer apprentice, or the

board determines, following conviction of any offense, that a holder is not sufficiently

rehabilitated under section 12.1-33-02.1;

2. Committed a fraud in obtaining the license;

3. Permitted the use of the license in violation of this chapter; or

4. Performed work or business in an incompetent manner as determined by the board.
N.D. Cent. Code § 43-44-02 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-02
43-44-02. Board of dietetic practice - Membership - Terms - Meetings
Status: in_force

43-44-02. Board of dietetic practice - Membership - Terms - Meetings

1. The governor shall appoint a board of dietetic practice, consisting of five members, all

of whom must be residents of the state at the time of their appointment. The

individuals appointed must have been engaged in the teaching or rendering of

dietetics or nutrition to the public, or in research in dietetics or nutrition for three years

immediately preceding appointment. Three board members must be licensed

registered dietitians and one member must be a licensed nutritionist. One member

must be appointed to represent consumers of health services.

2. Appointments are for terms of three years, but no individual may be appointed to serve

more than two consecutive full or partial terms. Terms begin on the first day of

September and end on the last day of August or until successors are appointed. An

appointment of any member to serve out the remaining term of any position on the

board which becomes vacant must be made in the same manner as the original

appointment for that position.

3. The governor may remove any board member for good cause after giving that member

a written statement of the reasons for removal and after that member has had an

opportunity for a hearing.

4. The board shall meet during September of each calendar year and select a

chairperson. At least one additional meeting must be held before September of the

next calendar year. Other meetings may be convened at the call of the chairperson or

the written request of any two board members. All meetings of the board are open to

the public, except that the board may hold closed sessions to review patient medical

records, review patient testimony, and for other reasons as referenced in section

44-04-19.2.

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

mileage and travel expenses as provided in sections 54-06-09 and 44-08-04, and per

diem as set by the board.
N.D. Cent. Code § 43-29-09 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-09
43-29-09. Limited specialty license - Graduate veterinary technicians
Status: repealed

43-29-09. Limited specialty license - Graduate veterinary technicians

Repealed by S.L. 2025, ch. 397, § 30.
N.D. Cent. Code § 43-17-07.2 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-07.2
43-17-07.2. Conflict of interest
Status: in_force

43-17-07.2. Conflict of interest

A member of the board, acting in that capacity or as a member of any committee of the

board, may not participate in the making of any decision or the taking of any action affecting that

member's personal, professional, or pecuniary interest, or that of a known relative or business

or professional associate.
N.D. Cent. Code § 43-60-06 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-06
43-60-06. Board duties
Status: in_force

43-60-06. Board duties

The board shall adopt rules pertaining to fees, licensure, investigations, and disciplinary

proceedings.
N.D. Cent. Code § 43-17.5-10 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-10
43-17.5-10. Oversight, dispute resolution, and enforcement
Status: in_force

43-17.5-10. Oversight, dispute resolution, and enforcement

1. Oversight.

a. The executive and judicial branches of state government in each participating

state shall enforce this compact and take all actions necessary and appropriate to

implement the compact.

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

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

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

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

alternative dispute resolution proceedings. This compact does not affect or limit

the selection or propriety of venue in any action against a licensee for

professional malpractice, misconduct, or any such similar matter.

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

regarding the enforcement or interpretation of the compact or the commission's

rules and has standing to intervene in such a proceeding for all purposes. Failure

to provide the commission with service of process renders a judgment or order in

such proceeding void as to the commission, this compact, or commission rules.

2. Default, technical assistance, and termination.

a. If the commission determines that a participating state has defaulted in the

performance of its obligations or responsibilities under this compact or the

commission rules, the commission shall provide written notice to the defaulting

state and other participating states. The notice must describe the default, the

proposed means of curing the default, any other action the commission may take,

and offer remedial training and specific technical assistance regarding the default.

b. If a state in default fails to cure the default, the defaulting state may be terminated

from this compact upon an affirmative vote of a majority of the delegates of the

participating states, and all rights, privileges and benefits conferred by this

compact upon such state may be terminated on the effective date of termination.

A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default.

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

means of securing compliance have been exhausted. The commission shall

provide notice of intent to suspend or terminate to the governor, the majority and

minority leaders of the defaulting state's legislature, and to the licensing board of

each of the participating states.

d. A state that has been terminated is responsible for all assessments, obligations,

and liabilities incurred through the effective date of termination, including

obligations that extend beyond the effective date of termination.

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

default or that has been terminated from this compact, unless agreed upon in

writing between the commission and the defaulting state.

f. The defaulting state may appeal its termination from the compact by the

commission by petitioning the United States district court for the District of

Columbia or the federal district where the commission has its principal offices.

The prevailing member must be awarded all costs of such litigation, including

reasonable attorney's fees.

g. Upon the termination of a state's participation in the compact, the state shall

immediately provide notice to all licensees within that state of such termination:

(1) Licensees who have been granted a compact privilege in that state shall

retain the compact privilege for one hundred eighty days following the

effective date of such termination.

(2) Licensees who are licensed in that state who have been granted a compact

privilege in a participating state shall retain the compact privilege for one

hundred eighty days unless the licensee also has a qualifying license in a

participating state or obtains a qualifying license in a participating state

before the one hundred eighty-day period ends, in which case the compact

privilege continues.

3. Dispute resolution.

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

disputes related to this compact that arise among participating states and

between participating and nonparticipating states.

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

dispute resolution for disputes as appropriate.

4. Enforcement.

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

provisions of this compact and rules of the commission.

b. If compliance is not secured after all means to secure compliance have been

exhausted, by majority vote, the commission may initiate legal action in the

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

the commission has its principal offices, against a participating state in default to

enforce compliance with the provisions of this compact and the commission's

promulgated rules and bylaws. The relief sought may include both injunctive relief

and damages. In the event judicial enforcement is necessary, the prevailing party

must be awarded all costs of such litigation, including reasonable attorney's fees.

c. The remedies in this subsection are not the exclusive remedies of the

commission. The commission may pursue any other remedies available under

federal or state law.

5. Legal action against the commission.

a. A participating state may initiate legal action against the commission in the United

States district court for the District of Columbia or the federal district where the

commission has its principal offices to enforce compliance with the provisions of

the compact and its rules. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the prevailing party

must be awarded all costs of such litigation, including reasonable attorney's fees.

b. Any person other than a participating state may not enforce this compact against

the commission.
N.D. Cent. Code § 43-44-03 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-03
43-44-03. Board powers and duties
Status: in_force

43-44-03. Board powers and duties

1. The board shall administer, coordinate, and enforce this chapter, evaluate the

qualifications, and approve an examination for licensure under this chapter. The board

shall keep any records and minutes as are necessary to carry out the board's

functions.

2. The board may:

a. Issue subpoenas, examine witnesses, administer oaths, and investigate

allegations of practices violating this chapter.

b. Adopt rules pursuant to chapter 28-32, to implement this chapter, including rules

relating to professional licensure and the establishment of ethical standards of

practice for licensed registered dietitians and licensed nutritionists.

c. Provide interpretive guidance on this chapter.
N.D. Cent. Code § 43-18-07 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-07
43-18-07. Fees - Where deposited - Use
Status: repealed

43-18-07. Fees - Where deposited - Use

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-44-06 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-06
43-44-06. License required - Title - Abbreviations
Status: in_force

43-44-06. License required - Title - Abbreviations

1. Use of an earned, federally trademarked nutrition credential is not prohibited, but such

use does not give an individual the right to practice dietetics or nutrition, provide

medical nutrition therapy, or use the general titles of dietitian or nutritionist, unless an

individual is licensed under this chapter. Notwithstanding any law to the contrary, all of

the following are permissible:

a. An individual registered with the commission on dietetic registration may use the

title "registered dietitian" and "registered dietitian nutritionist" and the designation

of "RD" or "RDN".

b. An individual certified by the board of certification of nutrition specialists may use

the title "certified nutrition specialist" and the designation "CNS".

c. An individual certified by the American clinical board of nutrition may use the title

"diplomate, American clinical board of nutrition" and use the designation

"DACBN".

2. A person not licensed under this chapter may not do any of the following:

a. Provide medical nutrition therapy with or without compensation.

b. Use or allow a business entity or a business entity's employees, agents, or

representatives to use any of the following titles or abbreviations in association

with a person's name:

(1) Dietitian nutritionist or nutritionist.

(2) Dietitian or dietician.

(3) Nutrition counselor or nutrition specialist.

(4) LRD, LDN, or LN.

(5) Nutritional therapy practitioner or nutritional therapy consultant.

(6) Certified nutrition therapy practitioner.

(7) Master nutrition therapist.

(8) Licensed dietitian nutritionist, licensed registered dietitian, or licensed

nutritionist.

(9) Any other designation, words, letters, or insignia in connection with a name

indicating an offer or eligibility to provide medical nutrition therapy or

indicating a license to practice dietetics and nutrition or provide medical

nutrition therapy unless licensed under this chapter.

3. This section does not prohibit an individual from using an earned title trademarked by

the United States patent and trademark office.
N.D. Cent. Code § 43-28.1-03 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-03
43-28.1-03. Criteria
Status: in_force

43-28.1-03. Criteria

1. The department of health and human services shall establish criteria to be used in

selecting qualified dentists and in identifying cities or surrounding areas, or both, that

have a defined need for dental services. The criteria must include consideration of:

a. The number of dentists already providing dental services in the city or

surrounding areas, or both;

b. Access to dental services in the city and the surrounding areas;

c. How the dentist will provide dental services to individuals on medical assistance

or in a public health clinic, a practice with a focus on an underserved population,

or a nonprofit dental clinic; and

d. The dentist's training in general dentistry or in a dental specialty and the extent to

which such services are needed in the identified city or surrounding areas, or

both.

2. As a term of receipt of funds under this chapter, a dentist shall accept medical

assistance patients and assignments or provide dental services in a public health

clinic, a practice with a focus on an underserved population, or a nonprofit dental

clinic. For purposes of a dentist selected for loan payment under this chapter who

practices within fifteen miles [24.14 kilometers] of the city limits of one of the three

largest cities in the state, to qualify to receive a yearly disbursement under this chapter

during that year of obligated service, the dentist must have:

a. Received dental medical payments of at least twenty thousand dollars in the form

of medical assistance reimbursement; or

b. Practiced at least two full workdays per week at a public health clinic or at a

nonprofit dental clinic that uses a sliding fee schedule to bill the nonprofit dental

clinic's patients.

3. The department of health and human services may consult with public and private

sector entities in establishing criteria and evaluating needs based on the criteria.
N.D. Cent. Code § 43-15-05 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-05
43-15-05. Compensation of board - Disposition of fees
Status: in_force

43-15-05. Compensation of board - Disposition of fees

Each member of the board shall receive a per diem of two hundred dollars for attendance at

board meetings, and all actual and necessary expenses incurred in attending such meetings

and in performing other official duties. The mileage and travel expense allowed may not exceed

the amount provided for in section 54-06-09. All funds collected or received by the board must

be deposited and disbursed in accordance with section 54-44-12.
N.D. Cent. Code § 43-04-33 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-33
43-04-33. Examinations - Barber
Status: in_force

43-04-33. Examinations - Barber

The board, not less than four times each year, at such times and places as it may

determine, shall conduct examinations of applicants for certificates of registration to practice as

registered barbers. Each examination must include both a practical demonstration and a written

and oral test, and must embrace the subjects usually taught in schools of barbering approved by

the board.
N.D. Cent. Code § 43-10-19 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-19
43-10-19. Hearing - Appeals
Status: in_force

43-10-19. Hearing - Appeals

Hearings regarding disciplinary action or denial of a license must be held under chapter
N.D. Cent. Code § 43-11-08 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-08
43-11-08. Meetings of the board
Status: in_force

43-11-08. Meetings of the board

The board shall meet at least every other month at times determined by the board. The

board shall publish annually the time and place of its regularly scheduled meetings. A majority of

the members constitutes a quorum.
N.D. Cent. Code § 43-23.3-11 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-11
43-23.3-11. Temporary permit
Status: in_force

43-23.3-11. Temporary permit

1. The board may issue a temporary permit to an applicant who is licensed, or certified in

good standing by another state. The board may deny a temporary permit to an

applicant whose permit, apprenticeship, license, or certification was revoked,

suspended, or otherwise subjected to discipline by any state or jurisdiction.

2. The board may issue a temporary permit to an applicant if the applicant agrees in

writing to abide by this chapter and to submit to the jurisdiction of the board.

3. The board shall issue a temporary permit to an applicant who has complied with this

section. The board may require the applicant to pay a fee. The board shall determine

the amount of the fee and the duration of the temporary permit.
N.D. Cent. Code § 43-49-04.1 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-04.1
43-49-04.1. Board rules
Status: in_force

43-49-04.1. Board rules

The board may adopt and enforce rules as necessary to implement this chapter.
N.D. Cent. Code § 43-47-06 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-06
43-47-06. Licenses - Qualifications - Reciprocity
Status: in_force

43-47-06. Licenses - Qualifications - Reciprocity

1. Except as otherwise provided in this chapter, a person may not engage in counseling

in this state unless that person is a licensed professional counselor or licensed

associate professional counselor.

2. The board shall issue a license as a licensed professional counselor to each applicant

who files an application upon a form and in a manner the board prescribes,

accompanied by the required fee, and who furnishes evidence to the board that the

applicant:

a. Has a master's degree from an accredited school or college in counseling or

other program that meets the academic and training standards adopted by the

board;

b. Provided personal and professional recommendations that meet the requirements

adopted by the board and satisfied the board that the applicant will adhere to the

highest standards of the profession of counseling;

c. Has two years of supervised experience, at least fifty percent of which must have

been under a licensed professional counselor or licensed psychologist, or its

equivalent as determined by the board, and the additional supervised experience

may have been with other qualified professionals designated by the board which

are competent in the area of practice being supervised, if barriers due to

geographical location, disability, or other factors determined by the board to

create a hardship exist for the applicant. The qualified professional must be

registered or otherwise qualified as a clinical supervisor by the board that

licenses the other professional;

d. Provided a statement of professional intent to practice in this state describing the

applicant's proposed use of the license, the intended client population, and the

counseling procedures, as defined by the board, the applicant intends to use in

serving the client population; and

e. Has demonstrated knowledge in the field of counseling by successful completion

of an examination prescribed by the board.

3. The board shall issue a license as a licensed associate professional counselor to each

applicant who files an application upon a form and in a manner the board prescribes,

accompanied by the required fee, and who furnishes sufficient evidence to the board

that the applicant:

a. Has a master's degree from an accredited school or college in counseling or

other program that meets the academic and training standards adopted by the

board;

b. Provided personal and professional recommendations that meet the requirements

adopted by the board and satisfied the board that the applicant will adhere to the

standards of the profession of counseling; and

c. Provided a written plan for supervised experience which meets the requirements

adopted by the board.

4. The board may waive the formal examination requirements for a professional

counselor license if the applicant has been licensed or certified to practice counseling

in another state under standards and qualifications similar to or greater than those set

by the board.

5. A professional counselor shall renew the license every two years. The board shall

renew a license upon payment of a fee set by the board and upon demonstration by

the licenseholder of completion of continuing education requirements set by the board.

6. An associate professional counselor initially licensed under this chapter may be

licensed for no more than two years. The associate professional counselor's license

may not be extended beyond two years, except upon recommendation of the

associate professional counselor's supervisor and three other counselors, at least one

of whom must be a professor from the associate professional counselor's training

program.
N.D. Cent. Code § 43-23.5-11 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-11
43-23.5-11. Appraiser engagement
Status: in_force

43-23.5-11. Appraiser engagement

Before or at the time of placing an assignment with an appraiser on the appraiser panel of

an appraisal management company, the appraisal management company shall verify that the

appraiser receiving the assignment holds a permit in good standing in this state.
N.D. Cent. Code § 43-12.1-12 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-12
43-12.1-12. Emergency treatment by nurses
Status: in_force

43-12.1-12. Emergency treatment by nurses

A nurse licensed under this chapter, who, in good faith, provides nursing care at the scene

of an emergency, may provide only that nursing care as in the nurse's judgment is at the time

indicated. In the event of a disaster, a licensed nurse may initiate any therapeutic measure that

is indicated according to that nurse's judgment.
N.D. Cent. Code § 43-05-15 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-15
43-05-15. Renewal of license - Fee - Established by board - Failure to pay - Reinstatement
Status: in_force

43-05-15. Renewal of license - Fee - Established by board - Failure to pay -

Reinstatement.

Each licensed and practicing podiatrist shall pay the annual renewal license fee established

by the board. The license fee may be increased in accordance with the number of years

licensed and practicing in North Dakota, but may not exceed seven hundred fifty dollars. The

fee must be paid on or before the renewal date established by the board. The person is entitled

to an annual certificate or license upon payment of the fee. If the renewal fee is not paid within

six months after the date established by the board, the license of the delinquent licensee must

be considered expired and may be revoked and may not be reissued except upon a new

application and the payment of the renewal fee established by the board plus the late fee

established by the board not to exceed two hundred fifty dollars and the costs of any hearing

held concerning revocation of a license for nonpayment.
N.D. Cent. Code § 43-47-02 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-02
43-47-02. Board of counselor examiners - Qualifications - Appointment - Term of office - Compensation
Status: in_force

43-47-02. Board of counselor examiners - Qualifications - Appointment - Term of

office - Compensation.

1. The governor shall appoint the board of counselor examiners which consists of five

members, including two practicing counselors, one counselor educator, and two

members of the public.

2. Members of the board are appointed for terms of three years, except of those first

appointed, one must be appointed for a term of one year, two must be appointed for

terms of two years, and two must be appointed for terms of three years. Each member

holds office until the member's successor is duly appointed. The governor may remove

any member for misconduct, incompetency, or neglect of duty after providing the

member with a written statement of the charges and an opportunity for a hearing.

3. The board shall annually select a chairman from among its members. The board shall

meet at least twice a year. Additional meetings may be held at the discretion of the

chairman or upon written request of any three members of the board.

4. Each member shall serve without compensation but is entitled to receive expenses as

provided in section 54-06-09 and per diem as must be fixed by the board.
N.D. Cent. Code § 43-57-01 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-01
43-57-01. Definitions
Status: in_force

43-57-01. Definitions

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

1. "Board" means the state board of integrative health care.

2. "Licensee" means an individual licensed by the board under this chapter and under

chapter 43-59, 43-61, or 43-64.
N.D. Cent. Code § 43-17.5-07 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-07
43-17.5-07. Establishment of the physician assistant licensure compact commission
Status: reserved

43-17.5-07. Establishment of the physician assistant licensure compact commission

1. The participating states hereby create and establish a joint government agency and

national administrative body known as the physician assistant licensure compact

commission. The commission is an instrumentality of the compact states acting jointly

and not an instrumentality of any one state. The commission comes into existence on

or after the effective date of the compact as set forth in section 43-17.5-11.

2. Membership, voting, and meetings.

a. Each participating state must have and be limited to one delegate selected by

that participating state's licensing board or, if the state has more than one

licensing board, selected collectively by the participating state's licensing boards.

b. The delegate must be either:

(1) A current physician assistant, physician, public member of a licensing board,

or physician assistant council or committee; or

(2) An administrator of a licensing board.

c. Any delegate may be removed or suspended from office as provided by the laws

of the state from which the delegate is appointed.

d. The participating state licensing board shall fill any vacancy occurring in the

commission within sixty days.

e. Each delegate is entitled to one vote on all matters voted on by the commission

and shall otherwise have an opportunity to participate in the business and affairs

of the commission. A delegate may vote in person or by such other means as

provided in the bylaws. The bylaws may provide for delegates' participation in

meetings by telecommunications, video conference, or other means of

communication.

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

meetings must be held as set forth in this compact and the bylaws.

g. The commission shall establish by rule a term of office for delegates.

3. The commission shall have the following powers and duties:

a. Establish a code of ethics for the commission;

b. Establish the fiscal year of the commission;

c. Establish fees;

d. Establish bylaws;

e. Maintain its financial records in accordance with the bylaws;

f. Meet and take such actions as are consistent with the provisions of this compact

and the bylaws;

g. Promulgate rules, which have the force and effect of law and are binding in all

participating states, to facilitate and coordinate implementation and administration

of this compact;

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

provided the standing of any state licensing board to sue or be sued under

applicable law is not affected;

i. Purchase and maintain insurance and bonds;

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

participating state;

k. Hire employees and engage contractors, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate authority to carry

out the purposes of this compact, and establish the commission's personnel

policies and programs relating to conflicts of interest, qualifications of personnel,

and other related personnel matters;

l. Accept any appropriate donations and grants of money, equipment, supplies,

materials and services, and receive, utilize and dispose of the same; provided at

all times the commission avoids any appearance of impropriety or conflict of

interest;

m. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,

improve or use, any property, real, personal or mixed; provided the commission

avoids any appearance of impropriety;

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

of any property real, personal, or mixed;

o. Establish a budget and make expenditures;

p. Borrow money;

q. Appoint committees, including standing committees composed of members, state

regulators, state legislators or their representatives, consumer representatives,

and such other interested persons as may be designated in this compact and the

bylaws;

r. Provide and receive information from, and cooperate with, law enforcement

agencies;

s. Elect a chair, vice chair, secretary, treasurer, and such other officers of the

commission as provided in the commission's bylaws;

t. Reserve for itself, in addition to those reserved exclusively to the commission

under the compact, powers that the executive committee may not exercise;

u. Approve or disapprove a state's participation in the compact based on its

determination as to whether the state's compact legislation departs in a material

manner from the model compact language;

v. Prepare and provide to the participating states an annual report; and

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

purposes of this compact consistent with the state regulation of physician

assistant licensure and practice.

4. Meetings of the commission.

a. All meetings of the commission that are not closed pursuant to this subsection

must be open to the public. Notice of public meetings must be posted on the

commission's website at least thirty days prior to the public meeting.

b. Notwithstanding subdivision a, the commission may convene a public meeting by

providing at least twenty-four hours prior notice on the commission's website, and

any other means as provided in the commission's rules, for any of the reasons it

may dispense with notice of proposed rulemaking under section 43-17.5-09.

c. The commission may convene in a closed, nonpublic meeting or nonpublic part of

a public meeting to receive legal advice or to discuss:

(1) Noncompliance of a participating state with its obligations under this

compact;

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

procedures related to specific employees or other matters related to the

commission's internal personnel practices and procedures;

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

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

or real estate;

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

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

privileged or confidential;

(7) Disclosure of information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

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

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

on behalf of or for use of the commission or other committee charged with

responsibility of investigation or determination of compliance issues

pursuant to this compact;

(10) Legal advice; or

(11) Matters specifically exempted from disclosure by federal or participating

states' statutes.

d. If a meeting, or portion of a meeting, is closed pursuant to this section, the chair

of the meeting or the chair's designee shall certify the meeting or portion of the

meeting may be closed and shall reference each relevant exempting provision.

e. The commission shall keep minutes that fully and clearly describe all matters

discussed in a meeting and provide a full and accurate summary of actions taken,

including a description of the views expressed. All documents considered in

connection with an action must be identified in such minutes. All minutes and

documents of a closed meeting must remain under seal, subject to release by a

majority vote of the commission or order of a court of competent jurisdiction.

5. Financing of the commission.

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

expenses of its establishment, organization, and ongoing activities.

b. The commission may accept any appropriate revenue sources, donations, and

grants of money, equipment, supplies, materials, and services.

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

participating state and may impose compact privilege fees on licensees of

participating states to whom a compact privilege is granted to cover the cost of

the operations and activities of the commission and its staff, which must be in a

total amount sufficient to cover its annual budget as approved by the commission

each year for which revenue is not provided by other sources. The aggregate

annual assessment amount levied on participating states must be allocated

based upon a formula to be determined by commission rule.

(1) A compact privilege expires when the licensee's qualifying license in the

participating state from which the licensee applied for the compact privilege

expires.

(2) If the licensee terminates the qualifying license through which the licensee

applied for the compact privilege before its scheduled expiration, and the

licensee has a qualifying license in another participating state, the licensee

shall inform the commission that it is changing to that participating state the

participating state through which it applies for a compact privilege and pay

to the commission any compact privilege fee required by commission rule.

d. The commission may not incur obligations of any kind prior to securing the funds

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

the participating states, except by and with the authority of the participating state.

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

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

review and accounting procedures established under its bylaws. All receipts and

disbursements of funds handled by the commission are subject to an annual

financial review by a certified or licensed public accountant, and the report of the

financial review must be included in and become part of the annual report of the

commission.

6. The executive committee.

a. The executive committee may act on behalf of the commission according to the

terms of this compact and commission rules.

b. The executive committee must be composed of nine members:

(1) Seven voting members who are elected by the commission from the current

membership of the commission;

(2) One ex officio, nonvoting member from a recognized national physician

assistant professional association; and

(3) One ex officio, nonvoting member from a recognized national physician

assistant certification organization.

c. The ex officio members will be selected by their respective organizations.

d. The commission may remove any member of the executive committee as

provided in its bylaws.

e. The executive committee shall:

(1) Meet at least annually;

(2) Recommend to the commission changes to the commission's rules or

bylaws, changes to this compact legislation, fees to be paid by compact

participating states including annual dues and any commission compact fee

charged to licensees for the compact privilege;

(3) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(4) Prepare and recommend the budget;

(5) Maintain financial records on behalf of the commission;

(6) Monitor compact compliance of participating states and provide compliance

reports to the commission;

(7) Establish additional committees as necessary;

(8) Exercise the powers and duties of the commission during the interim

between commission meetings, except for issuing proposed rulemaking or

adopting commission rules or bylaws, or exercising any other powers and

duties exclusively reserved to the commission by the commission's rules;

and

(9) Perform other duties as provided in the commission's rules or bylaws.

f. All meetings of the executive committee at which it votes or plans to vote on

matters in exercising the powers and duties of the commission must be open to

the public and public notice of such meetings must be given as public meetings of

the commission are given.

g. The executive committee may convene in a closed, nonpublic meeting for the

same reasons the commission may convene in a nonpublic meeting under

subsection 4, and shall announce the closed meeting and keep minutes of the

closed meeting as the commission is required to do under subsection 4.

7. Qualified immunity, defense, and indemnification.

a. The members, officers, executive director, employees, and representatives of the

commission are immune from suit and liability, both personally and in their official

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

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

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

reasonable basis for believing occurred within the scope of commission

employment, duties or responsibilities; provided that nothing in this paragraph is

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

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

person. The procurement of insurance of any type by the commission does not in

any way compromise or limit the immunity granted under this section.

b. The commission shall defend any member, officer, executive director, employee,

and representative of the commission in any civil action seeking to impose liability

arising out of any actual or alleged act, error, or omission that occurred within the

scope of commission employment, duties, or responsibilities, or as determined by

the commission that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities; provided that nothing herein is construed

to prohibit that person from retaining their own counsel at their own expense; and

provided further, that the actual or alleged act, error, or omission did not result

from that person's intentional or willful or wanton misconduct.

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

executive director, employee, and representative of the commission for the

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

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

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

reasonable basis for believing occurred within the scope of commission

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

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

that person.

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

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

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

and jurisdictional defenses in any proceedings as authorized by commission

rules.

e. This compact may not be construed as a limitation on the liability of any licensee

for professional malpractice or misconduct, which must be governed solely by

any other applicable state laws.

f. This compact may not be construed to designate the venue or jurisdiction to bring

actions for alleged acts of malpractice, professional misconduct, negligence, or

other such civil action pertaining to the practice of a physician assistant. All such

matters must be determined exclusively by state law other than this compact.

g. This compact may not be interpreted to waive or otherwise abrogate a

participating state's state action immunity or state action affirmative defense with

respect to antitrust claims under the Sherman Act, Clayton Act, or any other state

or federal antitrust or anticompetitive law or regulation.

h. This compact may not be construed to be a waiver of sovereign immunity by the

participating states or by the commission.
N.D. Cent. Code § 43-09-31 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-31
43-09-31. Certificate of operation - Penalty
Status: in_force

43-09-31. Certificate of operation - Penalty

1. Upon installation of a conveyance, an elevator contractor responsible for the work

shall certify compliance with this chapter, rules of the board, and any applicable

industry code or standard.

2. Before a conveyance is placed in operation, the owner of the conveyance shall obtain

a certificate of operation from the board. The board may impose a penalty of not less

than fifty dollars for the failure to obtain a certificate of operation.

3. A certificate of operation is valid for one year and must be renewed annually. The

owner of the conveyance shall pay the required fee before the board may issue a

certificate of operation and renewal of a certificate.

4. The owner of the conveyance shall clearly display the certificate on or in each

conveyance or in the machine room.
N.D. Cent. Code § 43-40-13 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-13
43-40-13. Limited permit - Expiration - Renewal
Status: in_force

43-40-13. Limited permit - Expiration - Renewal

1. The board may grant a limited permit to a person who has completed the education

and experience requirements of this chapter. A limited permit allows the person to

practice occupational therapy under supervision of a North Dakota licensed

occupational therapist. A limited permit is valid until the results of the examination

taken by the person are available to the board and the board decides to issue or deny

a license to the person.

2. The holder of a limited permit must take the next available examination. The permit

expires if the holder fails to take the next available examination.

3. A limited permit may be renewed one time if the person has failed the examination or,

with good cause as determined by the board, failed to take the next examination.
N.D. Cent. Code § 43-17.1-01 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-01
43-17.1-01. Definitions
Status: in_force

43-17.1-01. Definitions

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

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

2. "Licensee" means an individual who is under the jurisdiction of the board of medicine.

3. "Physician" means a person engaged in the practice of medicine in this state pursuant

to the provisions of chapter 43-17.
N.D. Cent. Code § 43-42-04.1 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-04.1
43-42-04.1. Polysomnography practice
Status: in_force

43-42-04.1. Polysomnography practice

1. After December 31, 2005, a person may not practice, nor represent that the person is

able to practice, polysomnography unless licensed under this chapter as a registered

polysomnographic technologist. A registered polysomnographic technologist may not

practice respiratory care except as may be authorized by rules adopted by the board.

A registered polysomnographic technologist is limited in practice to polysomnography

within the scope of practice and limitations as provided by rules adopted by the board.

2. The board shall adopt rules regulating registered polysomnographic technologists and

establishing the scope of practice of a registered polysomnographic technologist. The

rules may include requirements for examination requirements for licensure, education

requirements for licensure, continuing courses of study in polysomnography, and

student practice.

3. This section does not prohibit a respiratory therapist from practicing respiratory care.
N.D. Cent. Code § 43-53-02 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-02
43-53-02. Representation to the public
Status: in_force

43-53-02. Representation to the public

Effective January 1, 2006, except as specifically provided otherwise under this chapter, only

an individual licensed under this chapter may use the title "marriage and family therapist" or the

abbreviations "MFT". A licensee shall display prominently the licensee's license at the principal

place of business of the licensee.
N.D. Cent. Code § 43-01-12 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-12
43-01-12. Board may require additional security on abstracter's bond
Status: in_force

43-01-12. Board may require additional security on abstracter's bond

The board, upon thirty days' notice, may require any person, firm, corporation, or limited

liability company holding a certificate of authority to furnish additional bond or additional

abstracter's liability coverage as to the board seems proper, and to show cause why any bond

or abstracters' liability policy filed with it should not be held and declared insufficient and invalid.
N.D. Cent. Code § 43-17-34 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-34
43-17-34. Practicing without a license - Violation of chapter - Penalty
Status: in_force

43-17-34. Practicing without a license - Violation of chapter - Penalty

Any person who practices medicine in this state without complying with the provisions of

this chapter, and any person 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, 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 § 43-17-02.5 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-02.5
43-17-02.5. Licensure for resident physicians
Status: in_force

43-17-02.5. Licensure for resident physicians

Resident physicians of medicine or osteopathy who are continuing their training and

performing the duties of a resident in a hospital or institution maintained and operated by the

state, an agency of the federal government, or a residency program accredited by the

accreditation council on graduate medical education will be required to possess an active North

Dakota residency license. The board shall adopt rules relating to the licensure, fees,

qualifications, activities, scope of practice, and discipline of such individuals.
N.D. Cent. Code § 43-51-10 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-10
43-51-10. Application with other laws
Status: in_force

43-51-10. Application with other laws

This chapter applies notwithstanding any other limitation in state law on the practice of an

occupation or profession. This chapter supplements and does not repeal the authority provided

to each board. Nothing in this chapter prohibits a board from imposing conditions on foreign

practitioners by administrative rule or compact which are more restrictive than those imposed in

this chapter, if those restrictions are enacted to ensure the health, safety, and welfare of the

public. Rules under this section may be adopted as emergency rules under chapter 28-32.

Nothing in this chapter alters the scope of practice of a particular occupation or profession as

defined by law.
N.D. Cent. Code § 43-19.1-04 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-04
43-19.1-04. Board - Qualifications
Status: in_force

43-19.1-04. Board - Qualifications

Each professional engineer board member must be a professional engineer who is a citizen

and resident of this state, has been registered in this state a minimum of eight years, has been

engaged in the lawful practice of engineering for at least twelve years, and has had responsible

charge of important engineering work for at least five years. Each professional land surveyor

board member must be a professional land surveyor who is a citizen and resident of this state,

has been registered as a professional land surveyor in this state a minimum of eight years, and

has been responsible for important land surveying work for at least five years.
N.D. Cent. Code § 43-23-19 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-19
43-23-19. Errors and omissions insurance required of salespersons and brokers - Rules
Status: in_force

43-23-19. Errors and omissions insurance required of salespersons and brokers -

Rules.

The real estate commission shall adopt rules pursuant to chapter 28-32 requiring as a

condition of licensure that all real estate salespersons and brokers, except those which hold

inactive licenses, carry errors and omissions insurance covering all activities contemplated

under this chapter.
N.D. Cent. Code § 43-48-16 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-16
43-48-16. Penalty
Status: in_force

43-48-16. Penalty

Any person who violates section 43-48-02 is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-41.1-01 — ND Code / Title 43 / Chapter 43-41.1 / Section 43-41.1-01
43-41.1-01. Social work licensure compact
Status: reserved

43-41.1-01. Social work licensure compact

The social work licensure compact is entered with all states legally joining the compact, in

the form substantially as follows:

ARTICLE I - PURPOSE

1. The purpose of this compact is to facilitate interstate practice of regulated social

workers by improving public access to competent social work services.

2. The compact preserves the regulatory authority of states to protect public health and

safety through the current system of state licensure.

3. This compact is designed to:

a. Increase public access to social work services;

b. Reduce overly burdensome and duplicative requirements associated with holding

multiple licenses;

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

d. Encourage the cooperation of member states in regulating multistate practice;

e. Promote mobility and address workforce shortages by eliminating the necessity

for licenses in multiple states by providing for the mutual recognition of other

member state licenses;

f. Support military families;

g. Facilitate the exchange of licensure and disciplinary information among member

states;

h. Authorize all member states to hold a regulated social worker accountable for

abiding by a member state's laws, regulations, and applicable professional

standards in the member state in which the client is located at the time care is

rendered; and

i. Allow for the use of telehealth to facilitate increased access to regulated social

work services.

ARTICLE II - DEFINITIONS

As used in this compact:

1. "Active military member" means any individual with full-time duty status in the active

armed forces of the United States, including members of the national guard and

reserve.

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

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

regulated social worker, including actions against an individual's license or multistate

authorization to practice such as revocation, suspension, probation, monitoring of the

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

affecting a regulated social worker's authorization to practice, including issuance of a

cease and desist action.

3. "Alternative program" means a nondisciplinary monitoring or practice remediation

process approved by a licensing authority to address practitioners with an impairment.

4. "Charter member states" means member states that have enacted legislation to adopt

this compact where the legislation predates the effective date of this compact as

described in article XIV.

5. "Compact commission" or "commission" means the government agency whose

membership consists of all states that have enacted this compact, which is known as

the social work licensure compact commission, as described in article X, and which

operates as an instrumentality of the member states.

6. "Current significant investigative information" means:

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

includes notification and an opportunity for the regulated social worker to

respond, has reason to believe is not groundless and, if proved true, would

indicate more than a minor infraction as defined by the commission; or

b. Investigative information that indicates the regulated social worker represents an

immediate threat to public health and safety, as defined by the commission,

regardless of whether the regulated social worker has been notified and has had

an opportunity to respond.

7. "Data system" means a repository of information about licensees, including continuing

education, examination, licensure, current significant investigative information,

disqualifying event, multistate licenses, and adverse action information or other

information as required by the commission.

8. "Disqualifying event" means any adverse action or incident which results in an

encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain,

or renew a multistate license.

9. "Domicile" means the jurisdiction where the licensee resides and intends to remain

indefinitely.

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

unrestricted practice of social work licensed and regulated by a licensing authority.

11. "Executive committee" means a group of delegates elected or appointed to act on

behalf of, and within the powers granted to the delegates by, the compact and

commission.

12. "Home state" means the member state that is the licensee's primary domicile.

13. "Impairment" means a condition that may impair a practitioner's ability to engage in full

and unrestricted practice as a regulated social worker without some type of

intervention and may include alcohol and drug dependence, mental health impairment,

and neurological or physical impairments.

14. "Licensee" means an individual who holds a license from a state to practice as a

regulated social worker.

15. "Licensing authority" means the board or agency of a member state, or equivalent,

which is responsible for the licensing and regulation of regulated social workers.

16. "Member state" means a state, commonwealth, district, or territory of the United States

that has enacted this compact.

17. "Multistate authorization to practice" means a legally authorized privilege to practice,

which is equivalent to a license, associated with a multistate license permitting the

practice of social work in a remote state.

18. "Multistate license" means a license to practice as a regulated social worker issued by

a home state licensing authority that authorizes the regulated social worker to practice

in all member states under multistate authorization to practice.

19. "Qualifying national exam" means a national licensing examination approved by the

commission.

20. "Regulated social worker" means any clinical, master's, or bachelor's social worker

licensed by a member state regardless of the title used by that member state.

21. "Remote state" means a member state other than the licensee's home state.

22. "Rules" or "rules of the commission" means a regulation adopted by the commission,

as authorized by the compact, which has the force of law.

23. "Single state license" means a social work license issued by any state that authorizes

practice only within the issuing state and does not include multistate authorization to

practice in any member state.

24. "Social work" or "social work services" 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 through the care and services provided by a

regulated social worker as provided by the member state's statutes and regulations in

the state where the services are being provided.

25. "State" means any state, commonwealth, district, or territory of the United States that

regulates the practice of social work.

26. "Unencumbered license" means a license that authorizes a regulated social worker to

engage in the full and unrestricted practice of social work.

ARTICLE III - STATE PARTICIPATION IN THE COMPACT

1. To be eligible to participate in the compact, a potential member state shall:

a. License and regulate the practice of social work at either the clinical, master's, or

bachelor's category;

b. Require an applicant for licensure to graduate from a program that:

(1) Is operated by a college or university recognized by the licensing authority;

(2) Is accredited, or in candidacy by an institution that subsequently becomes

accredited, by an accrediting agency recognized by either:

(a) The council for higher education accreditation, or its successor; or

(b) The United States department of education; and

(3) Corresponds to the licensure sought as provided in article IV;

c. Require an applicant for clinical licensure to complete a period of supervised

practice; and

d. Have a mechanism in place for receiving, investigating, and adjudicating

complaints about a licensee.

2. To maintain membership in the compact, a member state shall:

a. Require an applicant for a multistate license pass a qualifying national exam for

the corresponding category of multistate license sought as provided in article IV;

b. Fully participate in the commission's data system, including using the

commission's unique identifier as defined in rules;

c. Notify the commission, in compliance with the terms of the compact and rules, of

any adverse action or the availability of current significant investigative

information regarding a licensee;

d. Implement a procedure for considering the criminal history record of an applicant

for a multistate license. The procedure must include the submission of

fingerprints or other biometric-based information by an applicant for the purpose

of obtaining the applicant's criminal history record information from the federal

bureau of investigation and the agency responsible for retaining that state's

criminal records;

e. Comply with the rules of the commission;

f. Require an applicant to obtain or retain a license in the applicant's home state

and meet the home state's qualifications for licensure or renewal of licensure, and

all other applicable home state laws;

g. Authorize a licensee holding a multistate license in any member state to practice

in accordance with the terms of the compact and rules of the commission; and

h. Designate a delegate to participate in the commission meetings.

3. A member state meeting the requirements of subsections 1 and 2 shall designate the

categories of social work licensure that are eligible for issuance of a multistate license

for applicants in the member state. To the extent a member state does not meet the

requirements for participation in the compact at any particular category of social work

licensure, the member state may issue a multistate license to an applicant who

otherwise meets the requirements of article IV for issuance of a multistate license in

the category or categories of licensure.

4. The home state may charge a fee for granting the multistate license.

ARTICLE IV - SOCIAL WORKER PARTICIPATION IN THE COMPACT

1. To be eligible for a multistate license under this compact, an applicant, regardless of

category shall:

a. Hold or be eligible for an active, unencumbered license in the home state;

b. Pay any applicable fees, including any state fee, for the multistate license;

c. Submit, in connection with an application for a multistate license, fingerprints or

other biometric data for the purpose of obtaining criminal history record

information from the federal bureau of investigation and the agency responsible

for retaining that state's criminal records;

d. Notify the home state of any adverse action, encumbrance, or restriction on any

professional license taken by any member state or nonmember state within thirty

days from the date the action is taken;

e. Meet any continuing competence requirements established by the home state;

and

f. Abide by the laws, regulations, and applicable standards in the member state

where the client is located at the time care is rendered.

2. An applicant for a clinical-category multistate license shall:

a. Fulfill a competency requirement, which must be satisfied by:

(1) Passage of a clinical-category qualifying national exam;

(2) Licensure of the applicant in the applicant's home state at the clinical

category, beginning before the time a qualifying national exam was required

by the home state and accompanied by a period of continuous social work

licensure thereafter, which may be further governed by the rules of the

commission; or

(3) The substantial equivalency of the requirements in paragraph 1 or 2, which

the commission may determine by rule;

b. Attain at least a master's degree in social work from a program that is:

(1) Operated by a college or university recognized by the licensing authority;

and

(2) Accredited, or in candidacy that subsequently becomes accredited, by an

accrediting agency recognized by:

(a) The council for higher education accreditation or its successor; or

(b) The United States department of education; and

c. Fulfill a practice requirement, which must be satisfied by demonstrating

completion of:

(1) A period of postgraduate supervised clinical practice equal to a minimum of

three thousand hours;

(2) A minimum of two years of full-time postgraduate supervised clinical

practice; or

(3) The substantial equivalency of the requirements in paragraph 1 or 2, which

the commission may determine by rule.

3. An applicant for a master's-category multistate license shall:

a. Fulfill a competency requirement, which must be satisfied by:

(1) Passage of a master's-category qualifying national exam;

(2) Licensure of the applicant in the applicant's home state at the master's

category, beginning before the time a qualifying national exam was required

by the home state at the master's category and accompanied by a

continuous period of social work licensure thereafter, which may be further

governed by the rules of the commission; or

(3) The substantial equivalency of the requirements in paragraph 1 or 2, which

the commission may determine by rule; and

b. Attain at least a master's degree in social work from a program that is:

(1) Operated by a college or university recognized by the licensing authority;

and

(2) Accredited, or in candidacy that subsequently becomes accredited, by an

accrediting agency recognized by:

(a) The council for higher education accreditation or its successor; or

(b) The United States department of education.

4. An applicant for a bachelor's-category multistate license shall:

a. Fulfill a competency requirement, which must be satisfied by:

(1) Passage of a bachelor's-category qualifying national exam;

(2) Licensure of the applicant in the applicant's home state at the bachelor's

category, beginning before the time a qualifying national exam was required

by the home state and accompanied by a period of continuous social work

licensure thereafter, which may be further governed by the rules of the

commission; or

(3) The substantial equivalency of the requirements in paragraph 1 or 2, which

the commission may determine by rule; and

b. Attain at least a bachelor's degree in social work from a program that is:

(1) Operated by a college or university recognized by the licensing authority;

and

(2) Accredited, or in candidacy that subsequently becomes accredited, by an

accrediting agency recognized by:

(a) The council for higher education accreditation or its successor; or

(b) The United States department of education.

5. The multistate license for a regulated social worker is subject to the renewal

requirements of the home state. The regulated social worker must maintain

compliance with the requirements of subsection 1 to be eligible to renew a multistate

license.

6. The regulated social worker's services in a remote state are subject to the member

state's regulatory authority. A remote state may, in accordance with due process and

the member state's laws, remove a regulated social worker's multistate authorization

to practice in the remote state for a specific period of time, impose fines, and take any

other necessary actions to protect the health and safety of the state's citizens.

7. If a multistate license is encumbered, the regulated social worker's multistate

authorization to practice must be deactivated in all remote states until the multistate

license is no longer encumbered.

8. If a multistate authorization to practice is encumbered in a remote state, the regulated

social worker's multistate authorization to practice may be deactivated in that state

until the multistate authorization to practice is no longer encumbered.

ARTICLE V - ISSUANCE OF A MULTISTATE LICENSE

1. Upon receipt of an application for a multistate license, the home state licensing

authority shall determine the applicant's eligibility for a multistate license in accordance

with article IV.

2. If an applicant is eligible under article IV, the home state licensing authority shall issue

a multistate license that authorizes the applicant or regulated social worker to practice

in all member states under a multistate authorization to practice.

3. Upon issuance of a multistate license, the home state licensing authority shall

designate whether the regulated social worker holds a multistate license in the

bachelor's, master's, or clinical category of social work.

4. A multistate license issued by a home state to a resident in that state must be

recognized by all compact member states as authorizing social work practice under a

multistate authorization to practice corresponding to each category of licensure

regulated in each member state.

ARTICLE VI - AUTHORITY OF INTERSTATE COMPACT

COMMISSION AND MEMBER STATE LICENSING AUTHORITIES

1. This compact or any rule of the commission may not be construed to limit, restrict, or

reduce the ability of a member state to enact and enforce laws, regulations, or other

rules related to the practice of social work in that state, where those laws, regulations,

or other rules are not inconsistent with the provisions of this compact.

2. This compact may not affect the requirements established by a member state for the

issuance of a single state license.

3. This compact or any rule of the commission may not be construed to limit, restrict, or

reduce the ability of a member state to take adverse action against a licensee's single

state license to practice social work in that state.

4. This compact or any rule of the commission may not be construed to limit, restrict, or

reduce the ability of a remote state to take adverse action against a licensee's

multistate authorization to practice in that state.

5. This compact or any rule of the commission may not be construed to limit, restrict, or

reduce the ability of a licensee's home state to take adverse action against a

licensee's multistate license based on information provided by a remote state.

ARTICLE VII - REISSUANCE OF A

MULTISTATE LICENSE BY A NEW HOME STATE

1. A licensee can hold a multistate license, issued by the licensee's home state, in only

one member state at any given time.

2. If a licensee changes the licensee's home state by moving between two member

states:

a. The licensee immediately shall apply for the reissuance of the licensee's

multistate license in the licensee's new home state. The licensee shall pay all

applicable fees and notify the previous home state in accordance with the rules of

the commission.

b. Upon receipt of an application to reissue a multistate license, the new home state

shall verify the multistate license is active, unencumbered, and eligible for

reissuance under the terms of the compact and the rules of the commission. The

multistate license issued by the previous home state will be deactivated and all

member states notified in accordance with the rules adopted by the commission.

c. Before the reissuance of the multistate license, the new home state shall conduct

a criminal history records check of the licensee. The criminal history record check

procedure must include the submission of fingerprints or other biometric-based

information by an applicant for the purpose of obtaining an applicant's criminal

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

responsible for retaining that state's criminal records.

d. If required for initial licensure, the new home state may require completion of

jurisprudence requirements in the new home state.

e. Notwithstanding any other provision of this compact, if a licensee does not meet

the requirements of this compact for the reissuance of a multistate license by the

new home state, the licensee is subject to the new home state's requirements for

the issuance of a single state license in that state.

3. If a licensee changes the licensee's primary state of residence by moving from a

member state to a nonmember state, or from a nonmember state to a member state,

the licensee is subject to the state requirements for the issuance of a single state

license in the new home state.

4. This compact may not interfere with a licensee's ability to hold a single state license in

multiple states. For the purposes of this compact, a licensee may have only one home

state, and only one multistate license.

5. This compact may not interfere with the requirements established by a member state

for the issuance of a single state license.

ARTICLE VIII - MILITARY FAMILIES

An active military member or an active military member's spouse shall designate a home

state where the individual has a multistate license. The individual may retain the individual's

home state designation during the period the military member is on active duty.

ARTICLE IX - ADVERSE ACTIONS

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

a. Take adverse action against a regulated social worker's multistate authorization

to practice only within that member state, and issue subpoenas for both hearings

and investigations that require the attendance and testimony of witnesses and the

production of evidence. A subpoena issued by a licensing authority in a member

state for the attendance and testimony of witnesses or the production of evidence

from another member state must be enforced in the latter state by a court of

competent jurisdiction, according to the practice and procedure of that court

applicable to a subpoena issued in proceedings pending before the court. The

issuing licensing authority shall pay any witness fees, travel expenses, mileage,

and other fees required by the service statutes of the state where the witnesses

or evidence are located.

b. Only the home state has the power to take adverse action against a regulated

social worker's multistate license.

2. For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as the home state would if

the conduct had occurred within the home state. In so doing, the home state shall

apply its own state law to determine appropriate action.

3. The home state shall complete any pending investigation of a regulated social worker

who changes their home state during the course of the investigation. The home state

also has the authority to take appropriate action and promptly shall report the

conclusion of the investigation to the administrator of the data system. The

administrator of the data system promptly shall notify the new home state of any

adverse actions.

4. A member state may recover the costs of an investigation and disposition of a case

resulting from an adverse action taken against a regulated social worker from the

regulated social worker against which the action was taken, if otherwise allowed by

state law.

5. A member state may take adverse action based on the factual findings of another

member state, if the member state follows its own procedures for taking the adverse

action.

6. Joint investigations.

a. In addition to the authority granted to a member state by its respective social

work practice act or other applicable state law, any member state may participate

with another member state in joint investigations of licensees.

b. Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

7. If adverse action is taken by the home state against the multistate license of a

regulated social worker, the regulated social worker's multistate authorization to

practice in all other member states must be deactivated until all encumbrances have

been removed from the multistate license. All home state disciplinary orders that

impose adverse action against the license of a regulated social worker must include a

statement that the regulated social worker's multistate authorization to practice is

deactivated in all member states until all conditions of the decision, order, or

agreement are satisfied.

8. If a member state takes adverse action, the member state promptly shall notify the

administrator of the data system. The administrator of the data system promptly shall

notify the home state and all other member states of any adverse actions by remote

states.

9. This compact does not override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

10. This compact does not authorize a member state to demand the issuance of a

subpoena for attendance and testimony of witnesses or the production of evidence

from another member state for lawful actions within that member state.

11. This compact does not authorize a member state to impose discipline against a

regulated social worker who holds a multistate authorization to practice for lawful

actions within another member state.

ARTICLE X - ESTABLISHMENT OF SOCIAL

WORK LICENSURE COMPACT COMMISSION

1. The compact member states hereby create and establish a joint government agency

whose membership consists of all member states that have enacted the compact

known as the social work licensure compact commission. The commission is an

instrumentality of the compact states acting jointly and not an instrumentality of any

one state. The commission must come into existence on or after the effective date of

the compact as provided in article XIV.

2. Membership, voting, and meetings.

a. Each member state has one delegate who is selected by that member state's

state licensing authority.

b. The delegate must be:

(1) A current member of the state licensing authority at the time of appointment,

who is a regulated social worker or public member of the state licensing

authority; or

(2) An administrator of the state licensing authority or the state licensing

authority's designee.

c. The commission shall establish a term of office for delegates by rule or bylaw and

may establish term limits by rule or bylaw.

d. The commission may recommend removal or suspension of any delegate from

office.

e. A member state's state licensing authority shall fill any delegate vacancy on the

commission within sixty days of the vacancy.

f. Each delegate is entitled to one vote on all matters before the commission

requiring a vote by commission delegates.

g. A delegate shall vote in person or by any other means as provided in the bylaws.

The bylaws may provide for delegates to meet by telecommunication,

videoconference, or other means of communication.

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

meetings may be held as provided in the bylaws. The commission may meet by

telecommunication, video conference, or other similar electronic means.

3. The commission has the power to:

a. Establish the fiscal year of the commission;

b. Establish code of conduct and conflict of interest policies;

c. Establish and amend rules and bylaws;

d. Maintain its financial records in accordance with the bylaws;

e. Meet and take actions consistent with the provisions of this compact, the

commission's rules, and the bylaws;

f. Initiate and conclude legal proceedings or actions in the name of the commission,

provided the standing of any state licensing board to sue or be sued under

applicable law is not affected;

g. Maintain and certify records and information provided to a member state as the

authenticated business records of the commission, and designate an agent to do

so on the commission's behalf;

h. Purchase and maintain insurance and bonds;

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

member state;

j. Conduct an annual financial review;

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

the appropriate individuals the authority to carry out the purpose of the compact,

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

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

matters;

l. Assess and collect fees;

m. Accept all appropriate gifts, donations, grants of money, other sources of

revenue, equipment, supplies, materials, and services, and receive, utilize, and

dispose of the same; if the commission avoids any appearance of impropriety or

conflict of interest;

n. Lease, purchase, retain, own, hold, improve, or use any property, real, personal,

or mixed, or any undivided interest in the property;

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

of any property, real, personal, or mixed;

p. Establish a budget and make expenditures;

q. Borrow money;

r. Appoint committees, including standing committees, composed of members,

state regulators, state legislators or their representatives, and consumer

representatives, and any other interested persons designated in this compact and

the bylaws;

s. Provide and receive information from, and cooperate with, law enforcement

agencies;

t. Establish and elect an executive committee, including a chair and a vice chair;

u. Determine whether a state's adopted language is so materially different from the

model compact language that the state would not qualify for participation in the

compact; and

v. Perform any other function as may be necessary or appropriate to achieve the

purpose of this compact.

4. The executive committee.

a. The executive committee may act on behalf of the commission according to this

compact and may:

(1) Oversee the day-to-day activities of the administration of the compact,

including enforcement of and compliance with the compact, its rules and

bylaws, and any other duties as deemed necessary;

(2) Recommend to the commission changes to the rules or bylaws, changes to

this compact legislation, fees charged to compact member states, fees

charged to licensees, and other fees;

(3) Ensure compact administration services are appropriately provided,

including by contract;

(4) Prepare and recommend the budget;

(5) Maintain financial records on behalf of the commission;

(6) Monitor compact compliance of member states and provide compliance

reports to the commission;

(7) Establish additional committees as necessary;

(8) Exercise the powers and duties of the commission during the interim

between commission meetings, except for adopting or amending rules,

adopting or amending bylaws, and exercising any other powers and duties

expressly reserved to the commission by rule or bylaw; and

(9) Undertake any other duties as provided in the rules or bylaws of the

commission.

b. The executive committee must be composed of no more than eleven members,

including:

(1) The chair and vice chair of the commission, who are voting members of the

executive committee;

(2) Five voting members from the current membership of the commission,

elected by the commission; and

(3) Up to four ex officio, nonvoting members from four recognized national

social work organizations, selected by their respective organizations.

c. The commission may remove any member of the executive committee as

provided in the commission's bylaws.

d. The executive committee shall meet at least annually.

(1) Executive committee meetings must be open to the public, except the

executive committee may meet in a closed, nonpublic meeting as provided

in subdivision b of subsection 6.

(2) The executive committee shall give seven days' notice of meetings, posted

on its website and as determined to provide notice to individuals with an

interest in the business of the commission.

(3) The executive committee may hold a special meeting in accordance with

paragraph 2 of subdivision a of subsection 6.

5. The commission shall adopt and provide to the member states an annual report.

6. Meetings of the commission.

a. All meetings must be open to the public, except the commission may meet in a

closed, nonpublic meeting as provided in subdivision b.

(1) Public notice for all meetings of the full commission must be given in the

same manner as required under the rulemaking provisions in article XII,

except the commission may hold a special meeting as provided in

paragraph 2.

(2) The commission may hold a special meeting when the commission must

meet to conduct emergency business by giving forty-eight hours' notice to all

commissioners, on the commission's website, and other means as provided

in the commission's rules. The commission's legal counsel shall certify the

commission's need to meet qualifies as an emergency.

b. The commission or the executive committee or other committees of the

commission may convene in a closed, nonpublic meeting for the commission or

executive committee or other committees of the commission to receive legal

advice or to discuss:

(1) Noncompliance of a member state with its obligations under the compact;

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

procedures related to specific employees;

(3) Current or threatened discipline of a licensee by the commission or by a

member state's licensing authority;

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

(5) Negotiation of contracts for the purchase, lease, or sale of goods, services,

or real estate;

(6) Accusing a person of a crime or formally censuring a person;

(7) Trade secrets or commercial or financial information that is privileged or

confidential;

(8) Information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

(9) Investigative records compiled for law enforcement purposes;

(10) Information related to any investigative report prepared by or on behalf of or

for use by the commission or other committee charged with the

responsibility of investigation or determination of compliance issues under

this compact;

(11) Matters specifically exempted from disclosure by federal or member state

law; or

(12) Other matters as adopted by the commission by rule.

c. If a meeting, or portion of a meeting, is closed, the presiding officer shall state the

meeting will be closed and reference each relevant exempting provision, which

must be recorded in the minutes.

d. The commission shall keep minutes that fully and clearly describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons the actions were taken, including a description of the

views expressed. All documents considered in connection with an action must be

identified in the minutes. All minutes and documents of a closed meeting must

remain under seal, subject to release only by a majority vote of the commission or

order of a court of competent jurisdiction.

7. Financing of the commission.

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

expenses of its establishment, organization, and ongoing activities.

b. The commission may accept any and all appropriate revenue sources as

provided in subdivision m of subsection 3.

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

member state and impose fees on licensees of member states to whom the

commission grants a multistate license to cover the cost of the operations and

activities of the commission and its staff, which must be in a total amount

sufficient to cover its annual budget as approved each year for which revenue is

not provided by other sources. The aggregate annual assessment amount for

member states must be allocated based on a formula the commission shall adopt

by rule.

d. The commission may not incur obligations before securing the funds required to

meet those obligations. The commission may not pledge the credit of any of the

member states, except by and with the authority of the member state.

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

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

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

receipts and disbursements of funds handled by the commission are subject to an

annual financial review by a certified or licensed public accountant, and the report

of the financial review must be included in the annual report of the commission.

8. Qualified immunity, defense, and indemnification.

a. The members, officers, executive director, employees, and representatives of the

commission are immune from suit and liability, both personally and in their official

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

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

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

reasonable basis for believing occurred, within the scope of commission

employment, duties, or responsibilities.

(1) This subdivision may not be construed to protect any person from suit or

liability for any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct by that person.

(2) The procurement of insurance of any type by the commission may not

compromise or limit the immunity granted under this subsection.

b. The commission shall defend any member, officer, executive director, employee,

and representative of the commission in any civil action seeking to impose liability

arising out of any actual or alleged act, error, or omission that occurred within the

scope of commission employment, duties, or responsibilities, or as determined by

the commission that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities. This subsection may not be construed to

prohibit that person from retaining their own counsel at their own expense and

that the actual or alleged act, error, or omission did not result from that person's

intentional or willful or wanton misconduct.

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

executive director, employee, and representative of the commission for the

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

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

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

reasonable basis for believing occurred within the scope of commission

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

or omission did not result from the intentional or willful or wanton misconduct by

that person.

d. This compact may not be construed to limit the liability of a licensee for

professional malpractice or misconduct, which is solely governed by any other

applicable state laws.

e. This compact may not be interpreted to waive or otherwise abrogate a member

state's state action immunity or state action affirmative defense with respect to

antitrust claims under the Sherman Act, Clayton Act, or any other state or federal

antitrust or anticompetitive law or regulation.

f. This compact may not be construed to be a waiver of sovereign immunity by the

member states or by the commission.

ARTICLE XI - DATA SYSTEM

1. The commission shall provide for the development, maintenance, operation, and

utilization of a coordinated data system.

2. The commission shall assign each applicant for a multistate license a unique identifier,

as determined by the rules of the commission.

3. Notwithstanding any other provision of state law, a member state shall submit a

uniform data set to the data system on all individuals to whom this compact is

applicable as required by the rules of the commission, including:

a. Identifying information;

b. Licensure data;

c. Adverse actions against a license and information related thereto;

d. Nonconfidential information related to alternative program participation, the

beginning and ending dates of the participation, and other information related to

the participation not made confidential under member state law;

e. Any denial of an application for licensure, and the reason for the denial;

f. The presence of current significant investigative information; and

g. Other information that may facilitate the administration of this compact or the

protection of the public, as determined by the rules of the commission.

4. The records and information provided to a member state under this compact or

through the data system, when certified by the commission or an agent of the

commission, constitutes the authenticated business records of the commission, and is

entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or

administrative proceedings in a member state.

5. Current significant investigative information pertaining to a licensee in any member

state only will be available to other member states. It is the responsibility of the

member states to report any adverse action against a licensee and to monitor the

database to determine whether adverse action has been taken against a licensee.

Adverse action information pertaining to a licensee in any member state will be

available to any other member state.

6. Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the

contributing state.

7. Any information submitted to the data system that is subsequently expunged under

federal law or the laws of the member state contributing the information must be

removed from the data system.

ARTICLE XII - RULEMAKING

1. The commission shall adopt reasonable rules to effectively and efficiently implement

and administer the purpose and provisions of the compact. A rule is invalid if a court of

competent jurisdiction holds the rule is invalid because the commission exercised its

rulemaking authority in a manner beyond the scope and purpose of the compact, or

the powers granted hereunder, or based upon another applicable standard of review.

2. The rules of the commission have the force of law in each member state. If the rules of

the commission conflict with the laws of the member state that establish the member

state's laws, regulations, and applicable standards that govern the practice of social

work as held by a court of competent jurisdiction, the rules of the commission are

ineffective in that state to the extent of the conflict.

3. The commission shall exercise its rulemaking powers under the criteria provided in this

section and the rules adopted thereunder. Rules are binding on the day following

adoption or the date specified in the rule or amendment, whichever is later.

4. If a majority of the legislatures of the member states reject a rule or portion of a rule,

by enactment of a statute or resolution in the same manner used to adopt the compact

within four years of the date of adoption of the rule, then the rule has no further force

and effect in any member state.

5. Rules must be adopted at a regular or special meeting of the commission.

6. Before the adoption of a proposed rule, the commission shall hold a public hearing and

allow individuals to provide oral and written comments.

7. Before the adoption of a proposed rule by the commission, and at least thirty days

before the meeting at which the commission will hold a public hearing on the proposed

rule, the commission shall provide a notice of proposed rulemaking:

a. On the website of the commission or other publicly accessible platform;

b. To persons who have requested notice of the commission's notices of proposed

rulemaking; and

c. In other ways as the commission may by rule specify.

8. The notice of proposed rulemaking must include:

a. The time, date, and location of the public hearing at which the commission will

hear public comments on the proposed rule and, if different, the time, date, and

location of the meeting where the commission will consider and vote on the

proposed rule;

b. If the hearing is held via telecommunication, video conference, or other electronic

means, the mechanism for access to the hearing in the notice of proposed

rulemaking;

c. The text of the proposed rule and the reason for the rule;

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

e. The manner in which interested persons may submit written comments.

9. All hearings will be recorded. A copy of the recording and all written comments and

documents received by the commission in response to the proposed rule must be

available to the public.

10. This article may not be construed to require a separate hearing on each rule. Rules

may be grouped for the convenience of the commission at hearings required by this

article.

11. The commission shall, by majority vote of all members, take final action on the

proposed rule based on the rulemaking record and the full text of the rule.

a. The commission may adopt changes to the proposed rule provided the changes

do not enlarge the original purpose of the proposed rule.

b. The commission shall provide an explanation of the reasons for substantive

changes made to the proposed rule and reasons for substantive changes not

made that were recommended by commenters.

c. The commission shall determine a reasonable effective date for the rule. Except

for an emergency as provided in subsection 12, the effective date of the rule may

not be sooner than thirty days after issuing the notice that the commission

adopted or amended the rule.

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

adopt an emergency rule with forty-eight hours' notice, with opportunity to comment,

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

is to be applied retroactively to the rule as soon as reasonably possible, no later than

ninety days after the effective date of the rule. For the purposes of this subsection, an

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

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

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

c. Meet a deadline for the adoption of a rule that is established by federal law or

rule; or

d. Protect public health and safety.

13. The commission or an authorized committee of the commission may direct revisions to

a previously adopted rule for purposes of correcting typographical errors, errors in

format, errors in consistency, or grammatical errors. Public notice of any revisions

must be posted on the commission's website. The revision is subject to challenge by

any person for a period of thirty days after posting. The revision may be challenged if

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

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

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

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

14. A member state's rulemaking requirements do not apply under this compact.

ARTICLE XIII - OVERSIGHT,

DISPUTE RESOLUTION, AND ENFORCEMENT

1. Oversight.

a. The executive and judicial branches of state government in each member state

shall effectuate this compact and take all actions necessary and appropriate to

implement the compact.

b. Except as otherwise provided in this compact, venue is proper and judicial

proceedings by or against the commission must be brought in a court of

competent jurisdiction where the principal office of the commission is located. The

commission may waive venue and jurisdictional defenses to the extent the

commission adopts or consents to participate in alternative dispute resolution

proceedings. This article may not affect or limit the selection or propriety of venue

in any action against a licensee for professional malpractice, misconduct, or any

similar matter.

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

regarding the enforcement or interpretation of the compact and has standing to

intervene in the proceeding for all purposes. Failure to provide the commission

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

compact, or adopted rules.

2. Default, technical assistance, and termination.

a. If the commission determines a member state has defaulted in the performance

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

commission shall provide written notice to the defaulting state. The notice of

default must describe the default, the proposed means of curing the default, and

any other action the commission may take, and must offer training and specific

technical assistance regarding the default.

b. The commission shall provide a copy of the notice of default to the other member

states.

3. If a state in default fails to cure the default, the defaulting state may be terminated from

the compact upon an affirmative vote of a majority of the delegates of the member

states, and all rights, privileges, and benefits conferred on that state by this compact

may be terminated on the effective date of termination. A cure of the default does not

relieve the offending state of obligations or liabilities incurred during the period of

default.

4. Termination of membership in the compact must be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate

must be given by the commission to the governor, the majority and minority leaders of

the defaulting state's legislature, the defaulting state's state licensing authority, and

each of the member states' state licensing authority.

5. A state that has its membership terminated is responsible for all assessments,

obligations, and liabilities incurred through the effective date of termination, including

obligations extending beyond the effective date of termination.

6. Upon the termination of a state's membership from this compact, that state

immediately shall provide notice to all licensees within that state of the termination.

The terminated state shall continue to recognize all licenses granted under this

compact for a minimum of six months after the date of the notice of termination.

7. The commission may not incur any costs related to a state that is found to be in default

or that has been terminated from the compact, unless agreed upon in writing between

the commission and the defaulting state.

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

States district court for the District of Columbia or the federal district where the

commission's principal office is located. The prevailing party must be awarded all costs

of the litigation, including reasonable attorney's fees.

9. Dispute resolution.

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

disputes related to the compact which arise among member states and between

member and nonmember states.

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

dispute resolution for disputes as appropriate.

10. Enforcement.

a. By majority vote as provided by rule, the commission may initiate legal action

against a member state in default in the United States district court for the District

of Columbia or the federal district where the commission's principal office is

located to enforce compliance with the provisions of the compact and its adopted

rules. The relief sought may include both injunctive relief and damages. If judicial

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

litigation, including reasonable attorney's fees. The remedies herein may not be

the exclusive remedies of the commission. The commission may pursue any

other remedies available under federal law or the defaulting member state's law.

b. A member state may initiate legal action against the commission in the United

States district court for the District of Columbia or the federal district where the

commission's principal office is located to enforce compliance with the provisions

of the compact and its adopted rules. The relief sought may include both

injunctive relief and damages. If judicial enforcement is necessary, the prevailing

party must be awarded all costs of the litigation, including reasonable attorney's

fees.

c. Only a member state may enforce this compact against the commission.

ARTICLE XIV - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

1. The compact is effective on the date on which the compact statute is enacted into law

in the seventh member state.

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

review the enactment of each of the first seven member states, known as the

charter member states, to determine if the statute enacted by each charter

member state is materially different than the model compact statute.

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

from the model compact statute is entitled to the default process in

accordance with article XIII.

(2) If any member state is later found to be in default, or is terminated or

withdraws from the compact, the commission shall remain in existence and

the compact shall remain in effect even if the number of member states is

fewer than seven.

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

member states are subject to the process provided in subdivision u of

subsection 3 of article X to determine if their enactments are materially different

from the model compact statute 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 must be considered to be

actions of the commission unless specifically repudiated by the commission.

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

rules and bylaws is subject to the rules and bylaws as they exist on the date the

compact becomes law in that state. Any rule that has been adopted previously by

the commission has the full force and effect of law on the day the compact

becomes law in that state.

2. Any member state may withdraw from this compact by enacting a statute repealing the

compact.

a. A member state's withdrawal may not take effect until one hundred eighty days

after enactment of the repealing statute.

b. Withdrawal may not affect the continuing requirement of the withdrawing state's

licensing authority to comply with the investigative and adverse action reporting

requirements of this compact before the effective date of withdrawal.

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

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

state. Notwithstanding any subsequent statutory enactment to the contrary, the

withdrawing state shall continue to recognize all licenses granted under this

compact for a minimum of one hundred eighty days after the date of the notice of

withdrawal.

3. This compact may not be construed to invalidate or prevent any licensure agreement

or other cooperative arrangement between a member state and a nonmember state

that does not conflict with the provisions of this compact.

4. This compact may be amended by the member states. An amendment to this compact

may not become effective and binding upon any member state until the amendment is

enacted into the laws of all member states.

ARTICLE XV - CONSTRUCTION AND SEVERABILITY

1. This compact and the commission's rulemaking authority must be liberally construed

so as to effectuate the purpose, and the implementation and administration of the

compact. Provisions of the compact expressly authorizing or requiring the adoption of

rules may not be construed to limit the commission's rulemaking authority solely for

those purposes.

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

provision of this compact is held by a court of competent jurisdiction to be contrary to

the constitution of any member state, a state seeking participation in the compact, or

of the United States, or the applicability thereof to any government, agency, person, or

circumstance is held to be unconstitutional by a court of competent jurisdiction, the

validity of the remainder of this compact and the applicability of the compact to any

other government, agency, person, or circumstance may not be affected thereby.

3. Notwithstanding subsection 2, the commission may deny a state's participation in the

compact or, in accordance with the requirements of subsection 2 of article XIII,

terminate a member state's participation in the compact, if the commission determines

a constitutional requirement of a member state is a material departure from the

compact. If this compact is held to be contrary to the constitution of any member state,

the compact must remain in full force and effect as to the remaining member states

and in full force and effect as to the member state affected as to all severable matters.

ARTICLE XVI - CONSISTENT EFFECT

AND CONFLICT WITH OTHER STATE LAWS

1. A licensee providing services in a remote state under a multistate authorization to

practice shall adhere to the laws and regulations, including laws, regulations, and

applicable standards, of the remote state where the client is located at the time care is

rendered.

2. This compact may not prevent the enforcement of any other law of a member state

that is not inconsistent with the compact.

3. Any law, statute, regulation, or other legal requirement in a member state in conflict

with the compact is superseded to the extent of the conflict.

4. All permissible agreements between the commission and the member states are

binding in accordance with the terms of the agreement.
N.D. Cent. Code § 43-23-21 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-21
43-23-21. Commission to determine conditions of errors and omissions coverage
Status: in_force

43-23-21. Commission to determine conditions of errors and omissions coverage

The real estate commission shall determine the terms and conditions of errors and

omissions coverage required by this chapter, including the minimum limits of coverage, the

permissible deductible, and the permissible exceptions.
N.D. Cent. Code § 43-03-12 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-12
43-03-12. Board to issue certificates of registration
Status: repealed

43-03-12. Board to issue certificates of registration

Repealed by S.L. 2009, ch. 358, § 20.
N.D. Cent. Code § 43-47-09 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-09
43-47-09. Confidentiality
Status: in_force

43-47-09. Confidentiality

Except as authorized by law, no person licensed under this chapter may be required to

disclose any information acquired in rendering counseling services without the consent of the

person who received the counseling services.
N.D. Cent. Code § 43-43-01 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-01
43-43-01. Definitions
Status: in_force

43-43-01. Definitions

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

1. "Advisory board" means the following or their appointed agents: state health officer or

designee as chairperson, the commissioner of the North Dakota department of

agriculture, and the president of the North Dakota environmental health association.

The state health officer or designee shall appoint one agent of a district or local health

unit environmental health practitioner and one consumer.

2. "Environmental health practitioner" means a person who, by environmental health

science education and experience, is qualified and licensed under this chapter to

practice environmental health.

3. "Practice of environmental health" means any service or work, such as consultation,

investigation, evaluation, surveys, and inspections in the environmental program areas

of food, beverage, housing, and lodging sanitation.
N.D. Cent. Code § 43-23-02 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-02
43-23-02. Commission - Term - Duties - Records
Status: in_force

43-23-02. Commission - Term - Duties - Records

The governor shall appoint each member of the commission for a term of five years. Terms

must be staggered so the term of one member expires each year. At the expiration of the term

of any member of the commission, the governor shall appoint a successor for a term of five

years. A commissioner may not serve more than two consecutive five-year terms. In the event of

a vacancy on the commission for any reason the governor shall appoint a member for the

unexpired term of that member.

A majority of the commission, in a duly assembled meeting, may perform and exercise all of

the duties and powers devolving on the commission. The commission may submit a biennial

report to the governor and the secretary of state in accordance with section 54-06-04.
N.D. Cent. Code § 43-17-32 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-32
43-17-32. Appeal from decision of board refusing, suspending, or revoking a license
Status: repealed

43-17-32. Appeal from decision of board refusing, suspending, or revoking a license

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-01-10 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-10
43-01-10. Certificate of registration - Application - Examination - Fee
Status: in_force

43-01-10. Certificate of registration - Application - Examination - Fee

Any person, firm, corporation, or limited liability company desiring to obtain a certificate of

authority under subsection 2 of section 43-01-09 shall make application therefor to the board

and shall pay to the secretary-treasurer thereof an examination fee not exceeding the actual

cost of the applicant's examination by the board. The application must be upon a form prepared

by the board and must contain such information as may be desired by it. The board shall fix the

date and place for the examination of the applicant and shall give the applicant notice thereof by

mail. The applicant shall appear at the time and place specified in the notice, and the board

shall examine the applicant under such rules as it may prescribe. If the application is made by a

firm, corporation, or limited liability company, one of the members, officers, or managers thereof

shall take the examination.

1. Registered abstracters, within the meaning of the chapter, shall comprise all persons

who shall, upon the passage of this chapter, be in charge, either individually or jointly

with other persons, of the abstract office which is the holder of a valid and subsisting

certificate of authority as provided by this chapter and who shall obtain a certificate of

registration as hereinafter provided, or persons who shall be granted certificates of

registration by the board after passage of this chapter.

2. Any person desiring to obtain a certificate of registration under this chapter shall make

application to the board and shall pay to the secretary-treasurer of the board an

examination fee fixed by the board not exceeding one hundred dollars except as

hereinafter provided. Such application must be upon a form to be prepared by the

board and to contain such information as may be desired by it. Thereupon the board

shall fix a date and place for the examination of such applicant, of which notice must

be given to applicant by mail, who shall appear at such meeting. Whereupon the board

shall proceed to examine such applicant or applicants under such rules as may be

adopted by the board.

3. Any person, who, on July 1, 1953, is in charge, either individually or jointly with other

persons, of an abstract office which is the holder of a valid and subsisting certificate of

authority provided by subsection 2 of section 43-01-09 and who shall make application

to the board prior to the expiration of said certificate of authority shall upon the

payment of a fee fixed by the board not exceeding one hundred dollars be issued a

certificate of registration, without examination, under such rules as may be provided by

said board.

4. The certificate of registration issued by the board must recite that the holder has

complied with this chapter relating to examination or otherwise, and entitles the holder

of the certificate of registration to take charge of any abstract office in any county in

this state holding a certificate of authority under this chapter. Certificates of registration

must be issued upon the payment of a fee fixed by the board not exceeding one

hundred dollars and are valid for one year from the date of issuance but must be

renewed annually by the board upon application within thirty days before the expiration

of the registration upon a payment of a fee fixed by the board not exceeding one

hundred dollars to the secretary-treasurer of the board. The board may issue

temporary certificates of registration in its discretion. After August 1, 1993, an applicant

for renewal of a registration shall include with the application a report of any continuing

education courses attended by the applicant during the previous year. The board shall

adopt rules to establish and administer continuing education requirements.

5. Said board shall keep a register, wherein it shall enter the names of all applications for

registration, and for certificates of authority, with their place of business and such other

information as may be deemed appropriate, including the action taken by said board

thereon, and the dates upon which certificates of registration and certificates of

authority are issued.
N.D. Cent. Code § 43-12.4-01 — ND Code / Title 43 / Chapter 43-12.4 / Section 43-12.4-01
43-12.4-01. Nurse licensure compact
Status: in_force

43-12.4-01. Nurse licensure compact

ARTICLE I - FINDINGS AND DECLARATION OF PURPOSE

1. The party states find that:

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

and the effectiveness of enforcement activities related to state nurse licensure

laws;

b. Violations of nurse licensure and other laws regulating the practice of nursing

may result in injury or harm to the public;

c. The expanded mobility of nurses and the use of advanced communication

technologies as part of our nation's health care delivery system require greater

coordination and cooperation among states in the areas of nurse licensure and

regulation;

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

nurse licensure laws difficult and complex;

e. The current system of duplicative licensure for nurses practicing in multiple states

is cumbersome and redundant for both nurses and states; and

f. Uniformity of nurse licensure requirements throughout the states promotes public

safety and public health benefits.

2. The general purposes of this compact are to:

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

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

licensure and regulation;

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

regulation, investigation, and adverse actions;

d. Promote compliance with the laws governing the practice of nursing in each

jurisdiction;

e. Invest all party states with the authority to hold a nurse accountable for meeting

all state practice laws in the state in which the patient is located at the time care

is rendered through the mutual recognition of party state licenses;

f. Decrease redundancies in the consideration and issuance of nurse licenses; and

g. Provide opportunities for interstate practice by nurses who meet uniform licensure

requirements.

ARTICLE II - DEFINITIONS

As used in this compact:

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

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

nurse, including actions against an individual's license or multistate licensure privilege

such as revocation, suspension, probation, monitoring of the licensee, limitation on the

licensee's practice, or any other encumbrance on licensure affecting a nurse's

authorization to practice, including issuance of a cease and desist action.

2. "Alternative program" means a nondisciplinary monitoring program approved by a

licensing board.

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

collecting, storing, and sharing information on nurse licensure and enforcement

activities related to nurse licensure laws which is administered by a nonprofit

organization composed of and controlled by licensing boards.

4. "Current significant investigative information" means:

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

includes notification and an opportunity for the nurse to respond, if required by

state law, has reason to believe is not groundless and, if proved true, would

indicate more than a minor infraction; or

b. Investigative information that indicates that the nurse represents an immediate

threat to public health and safety regardless of whether the nurse has been

notified and had an opportunity to respond.

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

unrestricted practice of nursing imposed by a licensing board.

6. "Home state" means the party state that is the nurse's primary state of residence.

7. "Licensing board" means a party state's regulatory body responsible for issuing nurse

licenses.

8. "Multistate license" means a license to practice as a registered or a licensed

practical/vocational nurse issued by a home state licensing board which authorizes the

licensed nurse to practice in all party states under a multistate licensure privilege.

9. "Multistate licensure privilege" means a legal authorization associated with a multistate

license permitting the practice of nursing as either a registered nurse or licensed

practical/vocational nurse in a remote state.

10. "Nurse" means registered nurse or licensed practical/vocational nurse, as those terms

are defined by each party state's practice laws.

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

12. "Remote state" means a party state, other than the home state.

13. "Single-state license" means a nurse license issued by a party state which authorizes

practice only within the issuing state and does not include a multistate licensure

privilege to practice in any other party state.

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

Columbia.

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

practice of nursing, define the scope of nursing practice, and create the methods and

grounds for imposing discipline. "State practice laws" do not include requirements

necessary to obtain and retain a license, except for qualifications or requirements of

the home state.

ARTICLE III - GENERAL PROVISIONS AND JURISDICTION

1. A multistate license to practice registered or licensed practical/vocational nursing

issued by a home state to a resident in that state will be recognized by each party

state as authorizing a nurse to practice as a registered nurse or as a licensed

practical/vocational nurse, under a multistate licensure privilege, in each party state.

2. A state shall implement procedures for considering the criminal history records of

applicants for initial multistate license or licensure by endorsement. Such procedures

shall include the submission of fingerprints or other biometric-based information by

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

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

retaining that state's criminal records.

3. Each party state shall require the following for an applicant to obtain or retain a

multistate license in the home state:

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

as, all other applicable state laws;

b. (1) Has graduated or is eligible to graduate from a licensing board-approved

registered nurse or licensed practical/vocational nurse prelicensure

education program; or

(2) Has graduated from a foreign registered nurse or licensed

practical/vocational nurse prelicensure education program that:

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

applicable country; and

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

comparable to a licensing board-approved prelicensure education

program;

c. Has, if a graduate of a foreign prelicensure education program not taught in

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

an English proficiency examination that includes the components of reading,

speaking, writing, and listening;

d. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or

recognized predecessor, as applicable;

e. Is eligible for or holds an active, unencumbered license;

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

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

criminal history record information from the federal bureau of investigation and

the agency responsible for retaining that state's criminal records;

g. Has not been convicted or found guilty, or has entered an agreed disposition, of a

felony offense under applicable state or federal criminal law;

h. Has not been convicted or found guilty, or has entered an agreed disposition, of a

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

case-by-case basis;

i. Is not currently enrolled in an alternative program;

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

alternative program; and

k. Has a valid United States social security number.

4. All party states may, in accordance with existing state due process law, to take

adverse action against a nurse's multistate licensure privilege such as revocation,

suspension, probation, or any other action that affects a nurse's authorization to

practice under a multistate licensure privilege, including cease and desist actions. If a

party state takes such action, it promptly shall notify the administrator of the

coordinated licensure information system. The administrator of the coordinated

licensure information system promptly shall notify the home state of any such actions

by remote states.

5. A nurse practicing in a party state shall comply with the state practice laws of the state

in which the client is located at the time service is provided. The practice of nursing is

not limited to patient care, but includes all nursing practice as defined by the state

practice laws of the party state in which the client is located. The practice of nursing in

a party state under a multistate licensure privilege will subject a nurse to the

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

the client is located at the time service is provided.

6. Individuals not residing in a party state continue to be able to apply for a party state's

single-state license as provided under the laws of each party state. However, the

single-state license granted to these individuals will not be recognized as granting the

privilege to practice nursing in any other party state. This compact does not affect the

requirements established by a party state for the issuance of a single-state license.

7. Any nurse holding a home state multistate license, on the effective date of this

compact, may retain and renew the multistate license issued by the nurse's then-

current home state, provided that:

a. A nurse, who changes primary state of residence after this compact's effective

date, shall meet all applicable requirements of subsection 3 of article III to obtain

a multistate license from a new home state.

b. A nurse who fails to satisfy the multistate licensure requirements in subsection 3

of article III due to a disqualifying event occurring after this compact's effective

date is ineligible to retain or renew a multistate license, and the nurse's multistate

license must be revoked or deactivated in accordance with applicable rules

adopted by the Interstate Commission of Nurse Licensure Compact

Administrators ("commission").

ARTICLE IV - APPLICATIONS FOR LICENSURE IN A PARTY STATE

1. Upon application for a multistate license, the licensing board in the issuing party state

shall ascertain, through the coordinated licensure information system, whether the

applicant has ever held, or is the holder of, a license issued by any other state,

whether there are any encumbrances on any license or multistate licensure privilege

held by the applicant, whether any adverse action has been taken against any license

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

currently participating in an alternative program.

2. A nurse may hold a multistate license, issued by the home state, in only one party

state at a time.

3. If a nurse changes primary state of residence by moving between two party states, the

nurse shall apply for licensure in the new home state, and the multistate license issued

by the prior home state will be deactivated in accordance with applicable rules adopted

by the commission.

a. The nurse may apply for licensure in advance of a change in primary state of

residence.

b. A multistate license may not be issued by the new home state until the nurse

provides satisfactory evidence of a change in primary state of residence to the

new home state and satisfies all applicable requirements to obtain a multistate

license from the new home state.

4. If a nurse changes primary state of residence by moving from a party state to a

nonparty state, the multistate license issued by the prior home state will convert to a

single-state license, valid only in the former home state.

ARTICLE V - ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING

BOARDS

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

a. Take adverse action against a nurse's multistate licensure privilege to practice

within that party state.

(1) Only the home state has the power to take adverse action against a nurse's

license issued by the home state.

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

give the same priority and effect to reported conduct received from a remote

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

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

appropriate action.

b. Issue cease and desist orders or impose an encumbrance on a nurse's authority

to practice within that party state.

c. Complete any pending investigations of a nurse who changes primary state of

residence during the course of such investigations. The licensing board also may

take any appropriate action and promptly shall report the conclusions of such

investigations to the administrator of the coordinated licensure information

system. The administrator of the coordinated licensure information system

promptly shall notify the new home state of any such actions.

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

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

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

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

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

according to the practice and procedure of that court applicable to subpoenas

issued in proceedings pending before it. The issuing authority shall pay any

witness fees, travel expenses, mileage, and other fees required by the service

statutes of the state in which the witnesses or evidence are located.

e. Obtain and submit, for each nurse licensure applicant, fingerprint or other

biometric-based information to the federal bureau of investigation for criminal

background checks, receive the results of the federal bureau of investigation

record search on criminal background checks, and use the results in making

licensure decisions.

f. If otherwise permitted by state law, recover from the affected nurse the costs of

investigations and disposition of cases resulting from any adverse action taken

against that nurse.

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

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

2. If adverse action is taken by the home state against a nurse's multistate license, the

nurse's multistate licensure privilege to practice in all other party states must be

deactivated until all encumbrances have been removed from the multistate license. All

home state disciplinary orders that impose adverse action against a nurse's multistate

license shall include a statement that the nurse's multistate licensure privilege is

deactivated in all party states during the pendency of the order.

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

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

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

any nurse for the duration of the nurse's participation in an alternative program.

ARTICLE VI - COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF

INFORMATION

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

licensed registered nurses and licensed practical/vocational nurses. This system

includes information on the licensure and disciplinary history of each nurse, as

submitted by party states, to assist in the coordination of nurse licensure and

enforcement efforts.

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

information system, shall formulate necessary and proper procedures for the

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

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

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

applications (with the reasons for such denials), and nurse participation in alternative

programs known to the licensing board regardless of whether such participation is

deemed nonpublic or confidential under state law.

4. Current significant investigative information and participation in nonpublic or

confidential alternative programs must be transmitted through the coordinated

licensure information system only to party state licensing boards.

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

information to the coordinated licensure information system may designate information

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

without the express permission of the contributing state.

6. Any personally identifiable information obtained from the coordinated licensure

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

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

laws of the party state contributing the information.

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

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

information also must be expunged from the coordinated licensure information system.

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

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

a. Identifying information;

b. Licensure data;

c. Information related to alternative program participation; and

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

determined by commission rules.

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

and information requested by another party state.

ARTICLE VII - ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE

LICENSURE COMPACT ADMINISTRATORS

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

Interstate Commission of Nurse Licensure Compact Administrators.

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

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

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

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

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

alternative dispute resolution proceedings.

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

2. Membership, voting, and meetings.

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

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

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

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

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

the party state in which the vacancy exists.

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

and creation of bylaws and otherwise has an opportunity to participate in the

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

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

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

communication.

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

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

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

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

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

discusses:

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

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

practices, or procedures related to specific employees or other matters

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

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

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

estate;

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

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

privileged or confidential;

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

a clearly unwarranted invasion of personal privacy;

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

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

the Commission for the purpose of investigation of compliance with this

compact; or

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

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

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

closed and shall reference each relevant exempting provision. The commission

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

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

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

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

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

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

competent jurisdiction.

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

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

purposes and exercise the powers of this compact, including:

a. Establishing the fiscal year of the commission;

b. Providing reasonable standards and procedures:

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

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

the commission;

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

commission, ensuring reasonable advance notice of all meetings and providing

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

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

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

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

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

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

administrator, with no proxy votes allowed;

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

election of the officers of the commission;

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

personnel policies and programs of the commission. Notwithstanding any civil

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

govern the personnel policies and programs of the commission; and

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

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

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

4. The commission shall publish its bylaws and rules, and any amendments thereto, in a

convenient form on the website of the commission.

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

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

provisions of this compact and the bylaws.

7. The commission may:

a. Promulgate uniform rules to facilitate and coordinate implementation and

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

binding in all party states;

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

provided that the standing of any licensing board to sue or be sued under

applicable law may not be affected;

c. Purchase and maintain insurance and bonds;

d. Borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a party state or nonprofit organizations;

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

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

space, or other resources;

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

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

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

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

matters;

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

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

if at all times the commission avoids any appearance of impropriety or conflict of

interest;

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

hold, improve or use, any property, whether real, personal, or mixed if at all times

the commission avoids any appearance of impropriety;

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

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

j. Establish a budget and make expenditures;

k. Borrow money;

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

state nursing regulators, state legislators or their representatives, consumer

representatives, and other such interested persons;

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

agencies;

n. Adopt and use an official seal; and

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

purposes of this compact consistent with the state regulation of nurse licensure

and practice.

8. Financing of the commission.

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

expenses of its establishment, organization, and ongoing activities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Qualified immunity, defense, and indemnification.

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

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

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

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

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

reasonable basis for believing occurred, within the scope of commission

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

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

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

person.

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

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

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

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

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

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

responsibilities. However, this subdivision may not be construed to prohibit that

person from retaining that person's own counsel and provided further that the

actual or alleged act, error, or omission did not result from that person's

intentional, willful, or wanton misconduct.

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

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

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

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

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

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities provided that the actual or alleged act,

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

of that person.

ARTICLE VIII - RULEMAKING

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

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

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

and effect as provisions of this compact.

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

the commission.

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

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

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

a. On the website of the commission; and

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

would otherwise publish proposed rules.

4. The notice of proposed rulemaking must include:

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

considered and voted upon;

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

rule;

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

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

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

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

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

public.

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

or amendment.

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

hearing.

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

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

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

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

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

required by this section.

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

promulgation of the proposed rule.

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

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

oral comments received.

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

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

rulemaking record and the full text of the rule.

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

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

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

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

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

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

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

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

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

federal law or rule.

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

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

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

the commission. The revision is subject to challenge by any person for a period of

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

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

and delivered to the commission before the end of the notice period. If a challenge is

not made, the revision will take effect without further action. If the revision is

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

ARTICLE IX - OVERSIGHT, DISPUTE, RESOLUTION AND ENFORCEMENT

1. Oversight.

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

appropriate to effectuate this compact's purposes and intent.

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

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

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

service of process in such proceeding to the commission renders a judgment or

order void as to the commission, this compact, or promulgated rules.

2. Default, technical assistance, and termination.

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

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

commission shall:

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

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

action to be taken by the commission; and

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

default.

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

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

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

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

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

period of default.

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

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

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

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

each of the party states.

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

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

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

termination.

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

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

upon in writing between the commission and the defaulting state.

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

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

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

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

3. Dispute resolution.

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

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

nonparty states.

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

dispute resolution for disputes, as appropriate.

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

compact:

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

which will be comprised of individuals appointed by the compact

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

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

the dispute.

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

4. Enforcement.

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

provisions and rules of this compact.

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

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

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

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

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

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

of such litigation, including reasonable attorney's fees.

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

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

ARTICLE X - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

1. This compact becomes effective and binding on the earlier of the date of legislative

enactment of this compact into law by no less than twenty-six states or December 31,

2018. All party states to this compact, that also were parties to the prior nurse

licensure compact, superseded by this compact, ("prior compact"), are deemed to

have withdrawn from said prior compact within six months after the effective date of

this compact.

2. Each party state to this compact shall continue to recognize a nurse's multistate

licensure privilege to practice in that party state issued under the prior compact until

such party state has withdrawn from the prior compact.

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

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

of the repealing statute.

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

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

significant investigations occurring prior to the effective date of such withdrawal or

termination.

5. This compact may not be construed to invalidate or prevent any nurse licensure

agreement or other cooperative arrangement between a party state and a nonparty

state that is made in accordance with the other provisions of this compact.

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

does not become effective and binding upon the party states unless and until it is

enacted into the laws of all party states.

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

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

by all states.

ARTICLE XI - CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed so as to effectuate the purposes thereof. The

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

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

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

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

government, agency, person, or circumstance may not be affected thereby. If this compact is

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

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

as to all severable matters.

The term "head of the state licensing board" as used to define the compact administrator in

subdivision a of subsection 2 of article VII means the executive director of the state board of

nursing.
N.D. Cent. Code § 43-23-14.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-14.1
43-23-14.1. Handling of funds by brokers
Status: in_force

43-23-14.1. Handling of funds by brokers

Except as otherwise provided in this section, every broker, at all times, shall maintain in the

broker's name or firm name, a separate, noninterest-bearing trust account designated as such

in a federally insured financial institution in this state in which the broker immediately shall place

as a demand deposit all funds not the broker's own coming into the broker's possession, in

accordance with rules adopted by the commission. This requirement extends to funds in which

the broker may have some future interest or claim and includes earnest money deposits. A

broker may not commingle the broker's personal funds or other funds in a trust account, except

a broker may deposit and keep a sum not to exceed five hundred dollars in the account from the

broker's personal funds, which sum must be specifically identified and deposited to cover

service charges related to the trust account. In conjunction with the account, the broker shall

maintain at the broker's usual place of business, books, records, contracts, and other necessary

documents so the adequacy of the account may be determined at any time. Trust accounts and

other records must be open to inspection by the commission and the commission's duly

authorized agents at all times during regular business hours at the broker's usual place of

business.

A broker that does not accept trust funds in real estate brokerage transactions and which

has applied for and received a waiver from the real estate commission is not required to

maintain a designated trust account. However, if a broker does not maintain a trust account and

later receives trust funds in a real estate brokerage transaction, the broker shall open a

designated trust account as required by this section and deposit any trust funds in accordance

with rules adopted by the commission. A broker shall maintain a record tracking the earnest

money associated with all transactions even if the funds are deposited directly with the title

company and the broker does not take possession of the funds.
N.D. Cent. Code § 43-33-07 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-07
43-33-07. License by examination
Status: in_force

43-33-07. License by examination

1. Applicants may obtain a license by successfully passing a qualifying examination, if

the applicant:

a. Is at least eighteen years of age.

b. Is of good moral character.

c. Has an education equivalent to a four-year course in an accredited high school.

d. Is free of contagious or infectious disease.

2. The applicant for license by examination shall appear at a time, place, and before such

persons as the board designates, to be examined by means of written and practical

tests to demonstrate that the applicant is qualified to practice the fitting and sale of

hearing instruments. The examination administered as directed by the board

constituting standards for licensing may not be conducted in such a manner that

college training is required to pass the examination. The examination may not imply

that the applicant must possess the degree of medical competence normally expected

of physicians.

3. The board shall give examinations once a year at a time and place designated by the

board and may give more frequent examinations if deemed necessary by the board.

4. In addition to all other fees, the fee for an examination to determine qualifications for

license must be set by the board.
N.D. Cent. Code § 43-10-25.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-25.1
43-10-25.1. Grounds for disciplinary action
Status: in_force

43-10-25.1. Grounds for disciplinary action

The board may revoke, suspend, place on probation, or refuse to issue a license to operate

a crematorium upon proof at a hearing that the applicant or licensee:

1. Is unfit to operate a crematorium.

2. Has violated this chapter or rules adopted by the board.
N.D. Cent. Code § 43-15.1-06 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-06
43-15.1-06. License renewal procedures
Status: in_force

43-15.1-06. License renewal procedures

The board shall mail an application for license renewal to each licensee before the first day

of the month in which the license expires. If application for renewal of the license, along with

required fee, is not received by the board before the first day of the following month, the license

expires on the last day of that month.
N.D. Cent. Code § 43-15.2-04 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-04
43-15.2-04. Conditions for acceptance of a donation
Status: in_force

43-15.2-04. Conditions for acceptance of a donation

1. A drug donated, prescribed, or dispensed under the program must be in the original,

unopened, sealed, and tamper-evident unit dose packaging, except a drug packaged

in single-unit doses may be accepted and dispensed if the outside packaging has

been opened and the single-unit-dose package is unopened.

2. A drug may not be accepted or dispensed under the program if the drug has reached

its expiration date or if the drug is adulterated or misbranded as determined under

subsection 3.

3. Before being dispensed to an eligible individual, the legend drugs, devices, and

supplies donated under the program must be inspected by a pharmacist to determine

that the legend drugs, devices, and supplies are not adulterated or misbranded.
N.D. Cent. Code § 43-12.1-13 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-13
43-12.1-13. Disciplinary proceedings
Status: in_force

43-12.1-13. Disciplinary proceedings

Disciplinary proceedings under this chapter must be conducted in accordance with chapter
N.D. Cent. Code § 43-26.1-01 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-01
43-26.1-01. Definitions
Status: in_force

43-26.1-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the North Dakota board of physical therapy.

2. "Competence" is the application of knowledge, skills, and behaviors required to

function effectively, safely, ethically, and legally within the context of the patient's or

client's environment.

3. "Continuing competence" is the lifelong process of maintaining and documenting

competence through ongoing self-assessment, development, and implementation of a

personal learning plan along with subsequent reassessment.

4. "Direct supervision" means the supervising physical therapist is physically present on

the premises and immediately available for direction and supervision, has direct

contact with the patient during each visit, and completes all components of care

requiring skilled therapy services. Telehealth does not meet the requirement for direct

supervision.

5. "Electronic communications" means the science and technology of communication

over a distance by electronic transmission of impulses, including activities involving or

using electronic communications to store, organize, send, retrieve, and convey

information.

6. "Examination" means a national examination approved by the board for the licensure

of a physical therapist or the licensure of a physical therapist assistant.

7. "General supervision" means the supervising physical therapist is onsite and present

where services are provided or is immediately available to the physical therapist

assistant being supervised by means of electronic communications, maintains

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

responsibility for all patient care services rendered by a physical therapist assistant.

8. "Manual therapy" means the use of techniques such as mobilization or manipulation,

manual lymphatic drainage, and manual traction on one or more regions of the body.

9. "Onsite supervision" means the supervising physical therapist is onsite and present in

the department or facility where services are provided, is immediately available to the

individual being supervised, and maintains continued involvement in appropriate

aspects of each treatment session in which a student physical therapist or a student

physical therapist assistant is involved in components of care.

10. "Physical therapist" means an individual licensed under this chapter to practice

physical therapy. The term "physiotherapist" is synonymous with "physical therapist"

under this chapter.

11. "Physical therapist assistant" means an individual licensed under this chapter and who

assists the physical therapist in selected components of physical therapy intervention.

12. "Physical therapy" means the care and services provided by or under the direction and

supervision of a physical therapist licensed under this chapter.

13. "Physical therapy aide" means an individual trained under the direction of a physical

therapist who performs designated and supervised routine tasks related to physical

therapy.

14. "Practice of physical therapy" means:

a. Examining, evaluating, and testing individuals with mechanical, physiological, and

developmental impairments, functional limitations in movement and mobility, and

disabilities or other health and movement-related conditions to determine a

diagnosis for physical therapy, prognosis, and plan of therapeutic intervention,

and to assess the ongoing effects of intervention. The term includes ordering

diagnostic imaging performed by a professional authorized by chapter 43-62 and

interpreted by a licensed physician trained in radiology interpretation, and using

these results to determine if a referral to another health care provider is

necessary or indicates the necessary treatment is within the physical therapist's

scope of practice.

b. Alleviating impairments, functional limitations in movement and mobility, and

disabilities by designing, implementing and modifying therapeutic interventions

that may include therapeutic exercise; neuromuscular education; functional

training related to positioning, movement, and mobility in self-care and in-home,

community, or work integration or reintegration; manual therapy; therapeutic

massage; prescription, application and, as appropriate, fabrication of assistive,

adaptive, orthotic, prosthetic, protective, and supportive devices and equipment

related to positioning, movement, and mobility; airway clearance techniques;

integumentary protection and repair techniques; debridement and wound care;

physiotherapy; physical agents or modalities; mechanical and electrotherapeutic

modalities; and patient-related instruction.

c. Engaging as a physical therapist in reducing the risk of injury, impairment,

functional limitation and disability, including the promotion and maintenance of

fitness, health, and wellness in populations of all ages.

d. Engaging as a physical therapist in administration, consultation, education, and

research.

15. "Restricted license" for a physical therapist or physical therapist assistant means a

license on which the board places restrictions or conditions, or both, as to scope of

practice, place of practice, supervision of practice, duration of licensed status, or type

or condition of patient or client to whom the licensee may provide services.

16. "Telehealth" is the use of electronic communications to provide and deliver

health-related information and health care services, including physical therapy related

information and services, over any distance. Telehealth encompasses health care and

health promotion activities, including education, advice, reminders, interventions, and

the monitoring of interventions.

17. "Testing" means standard methods and techniques used to gather data about the

patient.