N.D. Cent. Code § 43-33-02.1 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-02.1
43-33-02.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-33-02.1. Conviction not bar to licensure - Exceptions

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

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

serve the public as a hearing aid specialist, or determines that, following conviction of any

offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-06-15 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-15
43-06-15. Grounds for denial of licensure, revocation, or suspension of license or other action of the board - Signed written statement - Investigation - Hearing
Status: in_force

43-06-15. Grounds for denial of licensure, revocation, or suspension of license or

other action of the board - Signed written statement - Investigation - Hearing.

1. The board may deny an application for licensure and may revoke, suspend, or take

such other action as provided in this section regarding the license of any chiropractor

in this state who:

a. Has a mental or physical condition such that the person is unable to safely

engage in the practice of chiropractic.

b. Has been declared incompetent or seriously mentally ill by a court of competent

jurisdiction and thereafter has not been declared competent or released from

supervision.

c. Is suffering from alcoholism or drug addiction which endangers the public by

impairing the chiropractor's ability to practice safely.

d. Procured the license to practice by fraud or mistake.

e. Has engaged in unprofessional or dishonorable conduct, including false or

misleading advertising, rendering excessive or inappropriate treatment, or

charging unconscionable fees.

f. Has been convicted of a crime involving sexual misconduct, infliction of physical

harm or bodily injury to another individual, corruption, dishonesty, illegal

possession or distribution of drugs, or any crime that would affect the person's

ability to practice as a licensed chiropractor. A copy of the record of conviction or

plea of guilty or nolo contendere is conclusive evidence.

g. Has aided, assisted, or enabled any unlicensed person to practice chiropractic

contrary to this chapter or rule of the board.

h. Has engaged in the practice of abortion.

i. Has made use of any advertising statement of a character tending to deceive or

mislead the public.

j. Has failed to maintain a chiropractic facility in safe and sanitary conditions.

k. Has incurred a disciplinary action, suspension, or revocation in another

jurisdiction; has surrendered a license while a disciplinary complaint was pending

in another jurisdiction; or has entered a settlement agreement to avoid or resolve

a disciplinary complaint in another jurisdiction as a result of acts similar to acts

described in this section or rule of the board. A certified copy of the board order in

the other jurisdiction is conclusive evidence.

l. Has committed any violation of the provisions of this chapter, the code of ethics,

or rules as adopted by the board, including the failure to submit for physical or

mental examination or to provide information as required by the board.

m. Has practiced chiropractic while the license to practice was suspended or

revoked.

n. Has, while under probation, violated the terms of probation.

o. Has failed to properly supervise a certified chiropractic clinical assistant or who

has delegated duties to a certified chiropractic clinical assistant which are beyond

the assistant's education or training or which are beyond the scope of practice of

a certified chiropractic clinical assistant.

2. Any person, health care facility, business, or organization is immune from civil liability

or criminal prosecution for submitting a signed written statement and other reports and

information to the board under subsection 5 or for otherwise reporting to the board

violations or alleged violations under this chapter. The reports are not public records.

3. Members of the board and persons employed by the board or engaged in the

investigation or prosecution of violations and in the preparation and management of

charges of violations of this chapter on behalf of the board, including members of any

peer review committee, are immune from civil liability and criminal prosecution for any

actions, transactions, or publications in the execution of, or relating to, their duties

under this chapter.

4. A doctor of chiropractic who is the subject of an investigation by, or on behalf of, the

board shall cooperate fully with the investigation. Cooperation includes responding

fully and promptly to any question raised by, or on behalf of, the board relating to the

subject of the investigation and providing copies of patient records or any pertinent

information requested by the board, to assist the board in the board's investigation.

5. Any person, including a member of the board, may file a signed written statement and

other reports and information with any member of the board against a licensed

chiropractor charging the chiropractor with any of the offenses or conditions set forth in

subsection 1. The statement must set forth a specification of the charges. When the

statement has been filed, the board shall make an investigation as provided by

subsection 6.

6. When the statement and other reports and information have been filed, the board shall

notify the licensed chiropractor of the allegations and thereafter shall investigate to

determine whether the allegations in the statement constitute a basis for further

proceedings. The investigation must be conducted in such manner and at such time

and place as in the judgment of the board will best ascertain the facts. The board may

appoint a peer review committee. The board, in order to pursue the investigation, may

subpoena and examine witnesses and records, including patient records, and copy,

photograph, or take samples. The board may require the licensed chiropractor to give

statements under oath, to submit to a physical or mental examination, or both, by a

physician or physicians and other qualified evaluation professionals selected by the

board if it appears to be in the best interests of the public that this evaluation be

secured. The board may examine and review any relevant medical or psychological

records, including test results and x-rays relative to the examination or treatment of the

licensed chiropractor. A written request from the board constitutes authorization to

release information. The medical or psychological information is not public record.

7. If, based on the investigation or report from a peer review committee, the board has

reasonable cause to believe there is a basis for further proceedings, the board shall

prepare a complaint and serve the complaint, along with a notice of hearing, on the

licensed chiropractor and thereafter proceed with a hearing on the matter under

chapter 28-32. All hearings must be held in Bismarck unless the board and the

licensed chiropractor agree otherwise.

8. After the hearing, the board, under section 28-32-39, shall make and give notice of the

board's determination or decision as to whether the offenses charged have been

committed or the conditions charged do not exist. If the finding is in the negative, the

board shall dismiss the charges. If the finding is in the affirmative, the board:

a. Shall revoke the license;

b. Shall suspend the licensee's right to practice for a period not to exceed one year;

c. Shall suspend the board's judgment of revocation on terms and conditions

determined by the board;

d. Shall place the licensee on probation; or

e. Shall take any other disciplinary action which the board in the board's discretion

considers proper, including the ordering of an adjustment to a patient's bill or

refund of an amount previously paid, including reasonable interest from the date

of the order, to a patient or payer of any unconscionable fees for chiropractic

services.

f. In addition to the actions imposed in subdivisions a through e, may:

(1) Require payment of all costs of proceedings resulting in a disciplinary

action, including administrative costs, investigation costs, attorney's fees,

peer review committee costs, witness costs and fees, the costs of the offices

of administrative hearings services, and court costs.

(2) Impose a civil penalty not exceeding ten thousand dollars for each separate

violation, to deprive the chiropractor of any economic advantage gained by

reason of the violation found and to reimburse the board for the cost of the

investigation and proceedings.

9. In cases of revocation, suspension, or probation, the board shall record the facts of the

case and all actions of the board.

10. On the expiration of a term of suspension, the licensee must be reinstated by the

board if the chiropractor applies to the board and furnishes evidence, satisfactory to

the board, that the licensee is then of good character and conduct or restored to good

health and the licensee has not practiced chiropractic during the term of suspension

and is competent to practice in this state. If the evidence fails to establish those facts

to the satisfaction of the board, the board may require the applicant to submit to an

examination in accordance with this chapter or shall proceed to hearing on revocation

with notice as provided in subsection 7.

11. Any licensed chiropractor may take corrective action or voluntarily relinquish the

chiropractor's license to the board before a formal order of the board on such terms

and conditions as may be agreed by the licensed chiropractor and the board.
N.D. Cent. Code § 43-13-30 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-30
43-13-30. Reports and testimony accepted - Nondiscrimination and freedom of choice of ocular practitioner
Status: in_force

43-13-30. Reports and testimony accepted - Nondiscrimination and freedom of choice

of ocular practitioner.

The testimony and reports of an optometrist licensed to practice in this state must be

received by any state, county, municipality, school district, or other public board, body, agency,

institution, or official and by any private educational or other institution receiving public funds as

qualified evidence with respect to any matter within the scope of the practice of optometry as

defined in section 43-13-01; and no such board, body, agency, official, or institution may, in

retaining and utilizing the professional services of ocular practitioners, discriminate between

licensed practitioners of optometry and physicians or interfere with any individual's right to free

choice of ocular practitioner, when such professional services are within the scope of section
N.D. Cent. Code § 43-51-12 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-12
43-51-12. Foreign practitioners - Emergency practice exemption
Status: in_force

43-51-12. Foreign practitioners - Emergency practice exemption

Notwithstanding contrary provisions of law, a foreign practitioner may practice in a disaster

or an emergency declared in this state, practice as a member of an organ harvesting team, or

practice on board an ambulance as part of the ambulance treatment team.
N.D. Cent. Code § 43-17.3-05 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-05
43-17.3-05. Self-reporting and self-referral
Status: in_force

43-17.3-05. Self-reporting and self-referral

1. A licensee or student may voluntarily self-refer or self-report to the physician health

program or the board for a potentially impairing condition.

2. A licensee:

a. Who under this section voluntarily seeks the assistance of the physician health

program in assessing or dealing with a condition that could possibly lead to

impairment will not be reported to the board solely on the basis of this

self-referral. However, if a licensee who self-refers or self-reports refuses

evaluation by the program; if the evaluation reveals evidence of a condition or

impairment that could affect the licensee's ability to practice or constitutes a

threat to the safety of patients or the public; or the licensee refuses to cooperate

with the treatment plan, monitoring and followup, or aftercare devised by the

program, including any recommendation about current continuation in practice,

the program shall report the identity and findings of the evaluation of the licensee

to the board. Participation in the program does not protect a licensee from board

action resulting from a report of the licensee's possible violations of chapter

43-17.

b. Who self-reports or self-refers to the board for a potentially impairing condition

may be referred by the board to the physician health program in the manner

prescribed by board policies, and subsequent reporting by the program to the

board will be at the discretion and in the manner prescribed by the board.

c. Who is participating in or who has completed a contract for treatment with and

has been discharged from the physician health program, who is in full compliance

with all facets of the treatment plan or has completed treatment and is compliant

with aftercare, may answer in the negative on any question on the application to

the board for licensure or licensure renewal regarding current impairment by that

condition or those conditions for which the licensee is currently participating in or

has been discharged from the physician health program. However, any

recurrence of the impairing condition or conditions or the existence of other

potentially impairing conditions that are not currently known to the physician

health program must be reported on the application.
N.D. Cent. Code § 43-10-13.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-13.1
43-10-13.1. Limitations or qualifications placed on licensee
Status: in_force

43-10-13.1. Limitations or qualifications placed on licensee

The board, if the facts support such action, may place reasonable limitations or

qualifications on the right to practice funeral service or to operate a funeral establishment or

crematory.
N.D. Cent. Code § 43-57-09 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-09
43-57-09. Disciplinary proceedings - Appeals
Status: in_force

43-57-09. Disciplinary proceedings - Appeals

1. Upon the filing of a written and signed complaint that alleges that a licensee practicing

in this state has engaged in conduct identified as grounds for disciplinary action under

this chapter, and which sets forth information upon which a reasonable and prudent

person might believe that further inquiry should be made, the board shall cause the

matter to be investigated.

2. The board may investigate a complaint on the board's own motion, without requiring

the identity of the complainant to be made a matter of public record, if the board

concludes that good cause exists for preserving the anonymity of the complainant.

3. If the investigation reveals no grounds to support the complaint, the board, three years

following the date on which the complaint was filed, shall expunge the complaint from

the licensee's individual record in the board's office.

4. If the investigation reveals grounds to support the complaint, the board shall initiate a

disciplinary action by serving upon the licensee a notice of disciplinary action setting

forth the allegations upon which the action is based, as well as a specification of the

issues to be considered and determined.

5. If a written response contesting the allegations is not received by the board within

twenty days of the date that the notice of disciplinary action was received or refused,

the allegations may be deemed admitted and disciplinary sanctions deemed

appropriate by the board must be imposed.

6. The board may at any time enter an informal resolution to resolve the complaint or

disciplinary action.

7. An appeal from the board's final decision may be taken in accordance with chapter

28-32.
N.D. Cent. Code § 43-43-05 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-05
43-43-05. Exception from requirements
Status: in_force

43-43-05. Exception from requirements

The department of health and human services must license all persons actually engaged in

the practice of environmental health in this state upon receipt of proof of a bona fide practice in

this state; however, the applicant must file an application and present such proof prior to July 1,

1986, or become subject to licensure requirements of this chapter.
N.D. Cent. Code § 43-18.1-08 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-08
43-18.1-08. Revocation - Hearing - Reinstatement
Status: in_force

43-18.1-08. Revocation - Hearing - Reinstatement

A license issued under the provisions of this chapter may be revoked only upon a charge in

writing filed with the board and after a hearing thereon by the board. Such hearing must be

conducted in accordance with the procedures set forth in section 43-18-19. Reinstatement of a

license revoked under this chapter may be made in accordance with section 43-18-20.
N.D. Cent. Code § 43-23.1-06 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-06
43-23.1-06. Application for registration
Status: in_force

43-23.1-06. Application for registration

1. The application for registration of subdivided lands shall be filed as prescribed by the

commission and shall contain the following documents and information:

a. An irrevocable appointment of the commission to receive service of any lawful

process in any noncriminal proceeding arising under this chapter against the

applicant or the applicant's personal representative.

b. A legal description of the subdivided lands offered for registration, together with a

map showing the division proposed or made, the dimensions of the lots, parcels,

units, or interests, and the relation of the subdivided lands to existing streets,

roads, waterways, schools, churches, shopping centers, public transportation

facilities, and other offsite improvements.

c. The states or jurisdictions in which an application for registration or similar

document has been filed, and any adverse order, judgment, or decree entered in

connection with the subdivided lands by the regulatory authorities in each

jurisdiction or by any court.

d. The applicant's name, address, and the form, date, and jurisdiction of

organization; and the address of each of its offices in this state.

e. The name, address, and principal occupation for the past five years of every

director and officer of the applicant or person occupying a similar status or

performing similar functions; the extent and nature of that person's interest in the

applicant or the subdivided lands as of a specified date within thirty days of the

filing of the application.

f. A statement, in a form acceptable to the commission, of the condition of the title

to the subdivided lands including encumbrances as of a specified date within

thirty days of the date of application by a title opinion of a licensed attorney, not a

salaried employee, officer, or director of the applicant or owner, or by other

evidence of title acceptable to the commission.

g. Copies of the instruments which will be delivered to a purchaser to evidence the

purchaser's interest in the subdivided lands and of the contracts and other

agreements which a purchaser will be required to agree to or sign.

h. Copies of the instruments by which the interest in the subdivided lands was

acquired and a statement of any lien or encumbrance upon the title and copies of

the instruments creating the lien or encumbrance, if any, with data as to

recording.

i. If there is a lien or encumbrance affecting more than one lot, parcel, unit, or

interest, a statement of the consequences for a purchaser of failure to discharge

the lien or encumbrance and the steps, if any, taken to protect the purchaser in

case of this eventuality.

j. Copies of instruments creating easements, restrictions, or other encumbrances

affecting the subdivided lands.

k. A statement of the zoning and other governmental regulations affecting the use of

the subdivided lands and also of any existing tax and existing or proposed special

taxes or assessments which affect the subdivided lands.

l. A statement of the existing provisions for legal and physical access or, if none

exists, a statement to that effect; a statement of the existing or proposed

provisions for sewage disposal, water, and other public utilities in the subdivision;

a statement of the improvements to be installed, the schedule for their

completion, and a statement as to the provisions for improvement maintenance.

m. A narrative description of the promotional plan for the disposition of the

subdivided lands, including the range of selling prices or rents at which it is

proposed to dispose of the lots in the subdivision, together with copies of all

advertising material which has been prepared for public distribution by any means

of communication.

n. A copy of its articles of incorporation, with all amendments thereto, if the

subdivider is a corporation; copies of its articles of organization, with all

amendments thereto, if the subdivider is a limited liability company; copies of all

instruments by which the trust is created or declared, if the subdivider is a trust;

copies of its articles of partnership or association and all other papers pertaining

to its organization, if the subdivider is a partnership, unincorporated association,

or any other legal or commercial entity; and if the purported holder of legal title is

a person other than the subdivider, copies of the above documents for such

person.

o. The proposed public offering statement.

p. Such current financial statements, certified or otherwise, as the commission may

require.

q. Such other information and such other documents and certifications as the

commission may require as being reasonably necessary or appropriate for the

protection of purchasers.

2. If the subdivider registers additional subdivided lands to be offered for disposition, the

subdivider may consolidate the subsequent registration with any earlier registration

offering subdivided lands for disposition under the same promotional plan.

3. The subdivider shall immediately report any material changes in the information

contained in an application for registration.
N.D. Cent. Code § 43-03-07 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-07
43-03-07. Deposit of fees - Separate fund - Vouchers
Status: repealed

43-03-07. Deposit of fees - Separate fund - Vouchers

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-13-13.1 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-13.1
43-13-13.1. Board may authorize use of ocular diagnostic pharmaceutical agents - Training required for certification - Board may adopt rules
Status: repealed

43-13-13.1. Board may authorize use of ocular diagnostic pharmaceutical agents -

Training required for certification - Board may adopt rules.

Repealed by S.L. 1987, ch. 517, § 3.
N.D. Cent. Code § 43-31-14 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-14
43-31-14. License fees
Status: in_force

43-31-14. License fees

1. The annual license fee is thirty-five dollars, and is due and payable on or before

October first of each year. A reinstatement fee of fifty dollars is required in addition to

the annual license fee for each license renewal applied for after October first.

2. The fee to be paid for the issuance of a duplicate license is five dollars.

3. The fee to be paid for an internship license, and for the extension or renewal thereof,

is twenty-five dollars.
N.D. Cent. Code § 43-30-04 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-04
43-30-04. Powers of the board
Status: in_force

43-30-04. Powers of the board

1. The board shall establish by rule the qualifications and procedures for classifying,

qualifying, licensing, bonding, and regulating persons providing private investigative

and security services, including armed security personnel. The rules adopted under

this section addressing qualifications of security officers must recognize active

members of the national guard and former members of the national guard, reserve, or

regular armed forces of the United States, who were not dishonorably discharged, as

having met any related experience requirements. All rules adopted by the board and

appeals therefrom must be in accordance with chapter 28-32.

2. The board may hire office personnel deemed necessary by it for carrying on its official

duties and shall set the compensation to be paid to the personnel.
N.D. Cent. Code § 43-17-37 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-37
43-17-37. Emergency treatment by resident licensee
Status: in_force

43-17-37. Emergency treatment by resident licensee

Any individual licensed under the provisions of this chapter who in good faith renders in this

state emergency care at the scene of the emergency is expected to render only such

emergency care as in the individual's judgment is at the time indicated.
N.D. Cent. Code § 43-58-02 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-02
43-58-02. Exemptions
Status: in_force

43-58-02. Exemptions

Many of the therapies used by a naturopath, such as the use of nutritional supplements,

herbs, foods, homeopathic preparations, and such physical forces as heat, cold, water, touch,

and light, are not the exclusive privilege of naturopaths, and their use, practice, prescription, or

administration by individuals not licensed to practice naturopathic medicine is not prohibited by

this chapter. This chapter does not restrict or apply to the scope of practice of any other

profession licensed, certified, or registered under the laws of this state.
N.D. Cent. Code § 43-01-20 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-20
43-01-20. Penalty
Status: in_force

43-01-20. Penalty

Any person making, compiling, or certifying to an abstract of title to real property in this state

without first having complied with the provisions of this chapter is guilty of a class B

misdemeanor.
N.D. Cent. Code § 43-33-04 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-04
43-33-04. Persons and practices not affected
Status: in_force

43-33-04. Persons and practices not affected

This chapter does not prevent or restrict:

1. A person from engaging in the practice of measuring human hearing for the purpose of

selection of hearing instruments if the person or organization employing that person

does not sell hearing instruments.

2. A person employed as a hearing aid specialist by the federal government from

engaging in the practice of fitting and dispensing hearing instruments if the person

performs the practice solely within the confines or under the jurisdiction of the

government of the United States.

3. Activities and services of a person pursuing a course of study leading to a graduate

degree in audiology at a college or university if the activities or services are under the

direct supervision of a licensee, constitute a part of a supervised course of study, and

the person is designated an audiology intern or trainee or by another title clearly

indicating the training status appropriate to the level of training.
N.D. Cent. Code § 43-61-07 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-07
43-61-07. Licensure granted without examination to individuals licensed in other states
Status: in_force

43-61-07. Licensure granted without examination to individuals licensed in other

states.

1. The board may issue an acupuncture license by endorsement to an applicant who

complies with licensure requirements and who passed an examination given by a

recognized certifying agency approved by the licensing agency if the board determines

the examination was equivalent in every respect to the examination required under this

chapter.

2. The board may enter reciprocal agreements with licensing agencies of other states

providing for reciprocal waiver of further examination or any part of the examination.

3. If an applicant is exempt from the examination required under this chapter, the

applicant shall comply with the other requirements for licensure. The board may adopt

rules allowing for temporary and special licensure to be in effect during the interval

between board meetings.
N.D. Cent. Code § 43-13-22 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-22
43-13-22. License - When revoked
Status: in_force

43-13-22. License - When revoked

1. After an administrative hearing conducted in accordance with chapter 28-32, the board

may restrict, revoke, or suspend any license granted by it under this chapter when the

board determines the holder of the license:

a. Has violated any provisions of this chapter, the rules and regulations of the board,

or committed an offense determined by the board to have a direct bearing upon a

holder's ability to serve the public as an optometrist, or when the board

determines, following conviction of a holder for any other offense, that the holder

is not sufficiently rehabilitated under section 12.1-33-02.1;

b. Has sold or distributed any drug legally classified as a controlled substance or as

an addictive or dangerous drug;

c. Has been addicted to the excessive use of intoxicating liquor or a controlled

substance for at least six months immediately prior to the filing of the charges;

d. Is afflicted with any contagious or infectious disease;

e. Is grossly incompetent to discharge the holder's duties in connection with the

practice of optometry;

f. Has employed fraud, deceit, misrepresentation, or fraudulent advertising in the

practice of optometry; or

g. Is engaged in the practice of optometry by being directly or indirectly employed by

any person other than a licensed optometrist, a physician licensed under chapter

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

physicians.

2. Any person whose license has been revoked or suspended may have the same

reinstated upon satisfactory proof that the disqualification has ceased or that the

disability has been removed and upon such conditions as established by the board.
N.D. Cent. Code § 43-19.1-19 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-19
43-19.1-19. Examinations
Status: in_force

43-19.1-19. Examinations

Written examinations must be held at such times and places as the board shall determine.

Examinations required on fundamental engineering or land surveying subjects may be taken at

any time prescribed by the board. The professional examinations may be taken as soon as a

candidate desires, without having to complete a specific amount of experience. The board shall

establish the minimum passing grade on any examination. A candidate failing one examination

may apply for re-examination, which may be granted upon payment of a fee established by the

board.
N.D. Cent. Code § 43-18-08 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-08
43-18-08. Duties of board
Status: in_force

43-18-08. Duties of board

The board shall:

1. Enforce the provisions of this chapter.

2. Prescribe rules and regulations not inconsistent with the provisions of this chapter for

the examination, regulation, and licensing of plumbers, either as master plumbers,

journeyman plumbers, plumber's apprentices, or any of such classifications.

3. Adopt rules that set fees for licensure which may include a fee for:

a. An examination, within the limits established by this chapter.

b. An application, not to exceed one hundred dollars.

c. A renewal, within the limits established by this chapter.

d. A late renewal, not to exceed one hundred dollars.
N.D. Cent. Code § 43-48-09 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-09
43-48-09. Clinical laboratory technician or medical laboratory technician - Licensure qualifications
Status: in_force

43-48-09. Clinical laboratory technician or medical laboratory technician - Licensure

qualifications.

A clinical laboratory technician or medical laboratory technician has successfully completed

the academic requirements of an educational program recognized by the board and has passed

a national certifying examination approved by the board.

Upon receipt of documentation that all necessary educational and experience qualifications

for clinical laboratory technician have been met, or upon successful completion of an

examination approved by the board, the board shall issue a clinical laboratory technician license

to any person meeting the above qualifications.
N.D. Cent. Code § 43-51-06 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-06
43-51-06. Licensure without examination
Status: in_force

43-51-06. Licensure without examination

A board may issue a license, without examination, to any foreign practitioner who has

practiced the occupation or profession for which the practitioner is licensed at least two years

prior to submitting the application to the board, or for any shorter period of time provided in this

title or established by the board by administrative rule, and who meets the other requirements

for a license. A board is not prohibited from issuing a license under this section to a foreign

practitioner if the state or jurisdiction in which the individual is licensed does not extend similar

privileges to individuals licensed in this state. This section does not prohibit a board from

requiring a foreign practitioner to take an examination regarding the laws of this state and the

rules established by the board.
N.D. Cent. Code § 43-17-02.2 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-02.2
43-17-02.2. Use of certain words or initials prohibited
Status: in_force

43-17-02.2. Use of certain words or initials prohibited

1. An individual may not use the title of "doctor of medicine", "medical doctor", "doctor of

osteopathic medicine", "osteopathic physician", "physician", "M.D.", or "D.O." unless

the individual is licensed as a physician or resident physician under this chapter.

2. An individual may not use the title of "physician assistant" or "P.A." unless the

individual is licensed as a physician assistant under this chapter or is privileged to

practice in this state under chapter 43-17.5.

3. This section may not be construed to prohibit a licensed health care professional from

using a title incorporating any of the words specified in subsection 1 or 2, or from using

a title or designation that is not specifically protected by subsection 1 or 2, if the title or

designation used is permitted under the health care professional's practice act.

4. Notwithstanding subsections 1 and 2, an individual who does not hold an active

physician, resident physician, or physician assistant license may still use the title

conferred by a qualified educational degree recognized under this chapter, but may not

practice unless licensed under this chapter or privileged to practice in this state under
N.D. Cent. Code § 43-25-01 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-01
43-25-01. Short title
Status: repealed

43-25-01. Short title

Repealed by S.L. 1997, ch. 375, § 11.
N.D. Cent. Code § 43-20-13 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-13
43-20-13. Dental assistant - Scope of permitted practice
Status: in_force

43-20-13. Dental assistant - Scope of permitted practice

A dental assistant is an auxiliary to the practice of dentistry. To the extent applicable and to

the extent they are not inconsistent with this chapter, the requirements and rules adopted by the

board of dental examiners under chapter 43-28 apply to the practice of dental assistants. A

dentist may delegate to a dental assistant who is under that dentist's supervision procedures

over which the dentist exercises full responsibility as provided by rules adopted by the board.
N.D. Cent. Code § 43-31-01 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-01
43-31-01. Definitions
Status: in_force

43-31-01. Definitions

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

1. "Detection of deception examiner" or "examiner" means any person who uses any

device or instrument to test or question individuals for the purpose of detecting

deception.

2. "Internship" means the study of polygraph examinations and of the administration of

polygraph examinations by a trainee under the personal supervision and control of a

licensed examiner in accordance with a course of study prescribed by the attorney

general at the commencement of such internship.

3. "Person" includes any natural person, partnership, association, corporation, limited

liability company, or trust.
N.D. Cent. Code § 43-62-14 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-14
43-62-14. License requirements
Status: in_force

43-62-14. License requirements

1. The board shall issue a license to a qualified applicant. To qualify for licensure, an

applicant shall comply with the modality licensure requirements under subsection 2, 3,

4, or 7, comply with board requirements adopted by rules, and submit satisfactory

evidence, verified by oath or affirmation, that the applicant:

a. At the time of the application is at least eighteen years of age.

b. Has successfully completed a four-year course of study in a high school or

passed an approved equivalency test.

2. To qualify for licensure to practice one or more of the primary modalities as a nuclear

medicine technologist, radiation therapist, radiographer, radiologist assistant,

sonographer, or magnetic resonance imaging technologist, an applicant shall meet the

requirements for the applicable specific modality, including:

a. Provide satisfactory completion of a course of study appropriate for the specified

modality. The curriculum for each course of study may not be less stringent than

the standards approved by the joint review committee on education in radiologic

technology, joint review committee on nuclear medicine technology, commission

on accreditation of allied health education programs, or any other appropriate

accreditation agency approved by the board, provided the standards are not in

conflict with board policy.

b. Pass a certification examination established or approved by the board given by a

certification organization recognized by the board.

c. Show evidence of compliance with continuing education or recertification

requirements required for registration of certification by a certification organization

recognized by the board.

3. A licensee under subsection 2 may not practice a primary modality without meeting the

requirements for each specific primary modality being practiced. However, a licensee

under subsection 2 may practice other modalities recognized by rule upon meeting the

continuing education requirements for each modality practiced by the licensee.

4. An applicant who is not licensed for a primary modality under subsection 2 may qualify

for licensure to practice a modality recognized by the board, other than the primary

modalities, by complying with certification or registration requirements established by

the board by rule. The scope of a license issued under this subsection limits the

licensee to the practice of the specific modality for which the applicant meets the

requirement. However, a license issued under this subsection may be issued in

conjunction with a license for additional modalities issued under subsection 7.

5. The board may establish by rule specific changes or exceptions for those modalities in

which the accreditation agency or certification organization differs in certification or

registration requirements from this chapter.

6. The board may grant a license to an applicant who submits the necessary application

and fees who has been licensed, certified, or registered to perform or administer

medical imaging or radiation therapy in another jurisdiction if that jurisdiction's

standards of licensure are substantially equivalent to those provided in this chapter in

accordance with rules adopted by the board.

7. The board may establish unique individualized licensing and practice standards and

requirements for an applicant who does not meet the licensure requirements to receive

a license in at least one primary modality of medical imaging or radiation therapy

under subsection 2, or who meets the licensure requirements for one primary modality

but not for another primary modality the applicant desires to practice.

a. The board may grant a license limited to one or more modalities practiced by an

applicant for three or more of the five years preceding January 1, 2017. The

board may establish standards and requirements for the licensee designed to

maintain reasonable access to public services and to promote public safety,

including continuing education. A license granted for a specified modality under

this subdivision expires and may not be renewed if the licensee attains a license

in that modality under subsection 2 or 4.

b. The board may grant a license to an applicant who began practice after

December 31, 2016, for a specified modality or modalities if the applicant passes

a board-approved examination and maintains specified continuing education

requirements for each modality. The board may grant a conditional license

allowing an applicant under this subdivision to practice before passing the

examination.
N.D. Cent. Code § 43-33-13 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-13
43-33-13. Prohibited acts and practices
Status: in_force

43-33-13. Prohibited acts and practices

A person may not:

1. Sell, barter, or offer to sell or barter a license.

2. Purchase or procure by barter a license with intent to use it as evidence of the holder's

qualification to practice the fitting and sale of hearing instruments.

3. Alter a license with fraudulent intent.

4. Use or attempt to use as a valid license a license that has been purchased,

fraudulently obtained, counterfeited, or materially altered.

5. Willfully make a false statement in an application for a license or application for

renewal of a license.

6. Advertise without giving the registered business or personal name and business

address or telephone number of the person.
N.D. Cent. Code § 43-19.1-30 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-30
43-19.1-30. Duties of recorder
Status: in_force

43-19.1-30. Duties of recorder

It is unlawful for the recorder of any county or any county or any proper public authority to

file or record any map, plat, survey, or other document within the definition of land surveying

which does not have impressed thereon and affixed thereto the personal signature and seal of a

registered professional land surveyor by whom the map, plat, survey, or other document was

prepared.
N.D. Cent. Code § 43-07-18 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-18
43-07-18. Penalty
Status: repealed

43-07-18. Penalty

Repealed by S.L. 2015, ch. 290, § 3.
N.D. Cent. Code § 43-44-07 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-07
43-44-07. Requirements for licensure - Licensed nutritionist
Status: in_force

43-44-07. Requirements for licensure - Licensed nutritionist

1. An applicant for licensure as a licensed nutritionist shall file a written application with

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

the following requirements:

a. Have received a master's or doctoral nutrition degree or validated foreign

equivalent with a major course of study in human nutrition, foods and nutrition,

community nutrition, public health nutrition, nutrition education, nutrition, nutrition

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

and functional medicine, nutritional biochemistry, nutrition and integrative health,

or a comparable course of study, or a master's or doctoral degree or validated

foreign equivalent, in a field of clinical health care from a college or university

accredited at the time of graduation from the appropriate regional accrediting

agency recognized by the council on higher education accreditation and the

United States department of education, and have completed coursework leading

to competence in medical nutrition therapy which must consist of the following

courses:

(1) Fifteen semester hours of clinical or life sciences, including such courses as

chemistry, organic chemistry, biology, molecular biology, biotechnology,

botany, genetics, genomics, neuroscience, experimental science,

immunotherapy, pathology, pharmacology, toxicology, research methods,

applied statistics, biostatistics, epidemiology, energy production, molecular

pathways, hormone and transmitter regulations and imbalance, and

pathophysiologic basis of disease. At least three semester hours must be in

human anatomy and physiology or the equivalent.

(2) Fifteen semester hours of nutrition and metabolism, including such courses

as nutrition assessment, developmental nutrition, nutritional aspects of

disease, human nutrition, macronutrients, micronutrients, vitamins and

minerals, clinical functional medicine nutrition, molecular metabolism,

nutrition, nutritional biochemistry, nutrition and digestive health, and public

health nutrition. At least six semester hours must be in biochemistry or an

equivalent as approved by the board.

b. The applicant must have completed a board-approved internship or a

documented, supervised practice experience demonstrating competency in

nutrition care services and the provision of medical nutrition therapy of not less

than one thousand hours including at least two hundred hours of nutrition

assessment, two hundred hours of nutrition intervention, education, counseling,

or management, and two hundred hours of nutrition monitoring or evaluation. A

minimum of seven hundred hours of supervised practice experience is required in

professional work settings and no more than three hundred hours can be in

alternate supervised experiences such as observational client-practitioner

interactions, simulation, case studies, and role playing. This experience must be

under the supervision of a qualified supervisor. A qualified supervisor shall

provide onsite supervision of an applicant's supervised practice experience in the

provision of medical nutrition therapy and provide general supervision of an

applicant's provision of other nutrition care services that do not constitute medical

nutrition therapy.

c. The applicant meets one of the following criteria:

(1) The applicant has successfully completed a board-approved examination

such as the certification examination for nutrition specialists administered by

the board for certification of nutrition specialists or the diplomate

examination administered by the American clinical board of nutrition; or

(2) The applicant has either a valid certification with the board for certification of

nutrition specialists that gives the applicant the right to use the term

"certified nutrition specialist" or "CNS" or a valid certification with the

American clinical board of nutrition which gives the applicant the right to use

the term "diplomate, American clinical board of nutrition" or "DACBN".

d. The applicant shall complete a background check or fingerprinting if requested by

the board.

2. An applicant for renewal of a license as a licensed nutritionist:

a. Shall comply with subsection 1.

b. Must have satisfactorily completed continuing education requirements as

specified and approved by the board.

c. Shall complete a background check or fingerprinting if requested by the board.
N.D. Cent. Code § 43-29-13.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-13.1
43-29-13.1. Practice of veterinary medicine - Exceptions for recognized animal services
Status: in_force

43-29-13.1. Practice of veterinary medicine - Exceptions for recognized animal

services.

1. The provision of a recognized animal service does not constitute the practice of

veterinary medicine if provided by an individual who is not a veterinarian or veterinary

technician and not otherwise excepted from the practice of veterinary medicine under

section 43-29-13.

2. For purposes of this section, "recognized animal service" means:

a. Grooming;

b. Training or conditioning;

c. Horseshoeing or farrier work;

d. Massage therapy or acupressure;

e. Microchip implantation; and

f. An accepted livestock management practice.

3. This section does not permit an individual who is not a veterinarian to diagnose,

prescribe, or perform surgical procedures, other than surgical procedures considered

to be an accepted livestock management practice.

4. The exceptions provided under this section do not extend to any other animal services.
N.D. Cent. Code § 43-36-22 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-22
43-36-22. Disciplinary action - Procedure
Status: in_force

43-36-22. Disciplinary action - Procedure

Any person may prefer charges of fraud, deceit, gross negligence, incompetence,

misconduct, or violation of the code of ethics against any individual registrant. Such charges

must be in writing and must be sworn to by the person or persons making them and must be

filed with the secretary of the board. All charges unless dismissed by the board as unfounded or

trivial must be heard by the board within three months after the date on which they have been

preferred. The time and place for said hearing must be fixed by the board and a copy of the

charges together with a notice of the time and place of hearing must be served upon the

accused either personally or sent by registered or certified mail to the last-known address of

such individual registrant at least thirty days before the date fixed for hearing. At any hearing the

accused registrant has the right to appear in person or by counsel, or both, to cross-examine

witnesses appearing against the accused, and to produce evidence and witnesses in defense of

the accused. If the accused person fails or refuses to appear, the board may proceed to hear

and determine the validity of the charges. If after such hearing a majority of the board votes in

favor of sustaining the charges, the board shall make findings of fact, draw its conclusions and

issue its order therein and serve the same upon the accused. In said order the board may

reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of

registration. Any person who feels aggrieved by any action of the board in denying, suspending,

refusing to renew, or revoking that person's certificate of registration may appeal therefrom to

the district court under the procedures provided by chapter 28-32.
N.D. Cent. Code § 43-20-04 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-04
43-20-04. License recorded - Fee
Status: repealed

43-20-04. License recorded - Fee

Repealed by S.L. 1991, ch. 465, § 23.
N.D. Cent. Code § 43-23.1-03 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-03
43-23.1-03. Administration of chapter
Status: in_force

43-23.1-03. Administration of chapter

This chapter must be administered by the state real estate commission.
N.D. Cent. Code § 43-26.1-13 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-13
43-26.1-13. Grounds for disciplinary actions
Status: in_force

43-26.1-13. Grounds for disciplinary actions

The board may refuse to license any physical therapist or physical therapist assistant, may

discipline, or may suspend or revoke the license of any physical therapist or physical therapist

assistant for any of the following grounds:

1. Violating any provision of this chapter, board rules, or a written order of the board.

2. Practicing or offering to practice beyond the scope of the practice of physical therapy.

3. Failing to refer a patient or client to an appropriate practitioner if the diagnostic process

reveals findings that are outside the scope of a physical therapist's knowledge,

experience, or expertise.

4. Obtaining or attempting to obtain a license by fraud or misrepresentation.

5. Engaging in the performance of substandard physical therapy care due to a deliberate

or negligent act or failure to act, regardless of whether actual injury to the patient is

established.

6. Engaging in the performance of substandard care by a physical therapist assistant,

including exceeding the authority to perform components of intervention selected by

the supervising physical therapist regardless of whether actual injury to the patient is

established.

7. Failing to supervise physical therapist assistants or physical therapy aides in

accordance with this chapter and board rules.

8. A determination by the board that a licensee's conviction of an offense has a direct

bearing on the licensee's ability to serve the public as a physical therapist or physical

therapist assistant or that, following conviction of any offense, the holder is not

sufficiently rehabilitated as provided under section 12.1-33-02.1.

9. Practicing as a physical therapist or working as a physical therapist assistant when

physical or mental abilities are impaired by the use of controlled substances or other

habit-forming drugs, chemicals, alcohol, or by other causes.

10. Having had a license revoked or suspended, other disciplinary action taken, or an

application for licensure refused, revoked, or suspended by the proper authorities of

another state, territory, or country.

11. Engaging in sexual misconduct. For the purpose of this subsection sexual misconduct

includes:

a. Engaging in or soliciting sexual relationships, whether consensual or

nonconsensual, while a physical therapist or physical therapist assistant-patient

relationship exists, except with a spouse.

b. Making sexual advances, requesting sexual favors, or engaging in other verbal

conduct or physical contact of a sexual nature with patients or clients.

c. Intentionally viewing a completely or partially disrobed patient in the course of

treatment if the viewing is not related to patient diagnosis or treatment under

current practice standards.

12. Failing to adhere to the standards of ethics of the physical therapy profession adopted

by rule by the board.

13. Charging unreasonable or fraudulent fees for services performed or not performed.

14. Making misleading, deceptive, untrue, or fraudulent representations in violation of this

chapter or in the practice of the profession.

15. Having been adjudged mentally incompetent by a court.

16. Aiding and abetting a person who is not licensed in this state in the performance of

activities requiring a license.

17. Failing to report to the board, when there is direct knowledge, any unprofessional,

incompetent, or illegal acts that appear to be in violation of this chapter or any rules

established by the board.

18. Interfering with an investigation or disciplinary proceeding by failure to cooperate, by

willful misrepresentation of facts, or by the use of threats or harassment against any

patient or witness to prevent that patient or witness from providing evidence in a

disciplinary proceeding or any legal action.

19. Failing to maintain adequate patient records. For the purposes of this subsection,

"adequate patient records" means legible records that contain at a minimum sufficient

information to identify the patient, an evaluation of objective findings, a diagnosis, a

plan of care, a treatment record, and a discharge plan.

20. Failing to maintain patient confidentiality without the written authorization of the patient

or unless otherwise permitted by law. All records used or resulting from a consultation

under section 43-51-03 are part of a patient's records and are subject to applicable

confidentiality requirements.

21. Promoting any unnecessary device, treatment intervention, or service resulting in the

financial gain of the practitioner or of a third party.

22. Providing treatment intervention unwarranted by the condition of the patient or

continuing treatment beyond the point of reasonable benefit.

23. Participating in underutilization or overutilization of physical therapy services for

personal or institutional financial gain.

24. Attempting to engage in conduct that subverts or undermines the integrity of the

examination or the examination process, including a violation of security and copyright

provisions related to the national licensure examination; utilizing recalled or

memorized examination questions from or with any person; communicating or

attempting to communicate with other examinees during the examination; or copying

or sharing examination questions or portions of questions.
N.D. Cent. Code § 43-31-17 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-17
43-31-17. Violation - Penalty
Status: in_force

43-31-17. Violation - Penalty

Any person who violates any provision of this chapter or any person who falsely states or

represents that that person has been or is an examiner or trainee is guilty of a class B

misdemeanor.
N.D. Cent. Code § 43-44-21 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-21
43-44-21. Criminal history record checks
Status: in_force

43-44-21. Criminal history record checks

1. The board may require an applicant for licensure or renewal to submit to a statewide

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

check must be conducted in the manner provided in section 12-60-24. Refusal to

consent to a criminal history record check may constitute grounds for the board to

deny licensure to an applicant. All costs associated with obtaining a background check

are the responsibility of the applicant.

2. The board may request a criminal history record check for an applicant returning to

active status as a licensed registered dietitian or licensed nutritionist.
N.D. Cent. Code § 43-15-40 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-40
43-15-40. Board may revoke permits and renewal permits
Status: in_force

43-15-40. Board may revoke permits and renewal permits

The board, after due notice and opportunity to be heard, may revoke any permit to establish

and maintain a pharmacy, or a renewal thereof, if it is disclosed upon an examination or

inspection that the pharmacy is not being operated or conducted according to the rules and

regulations of the board and the laws of this state.
N.D. Cent. Code § 43-28-24 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-24
43-28-24. Duplicate license and certificate - When issued - Fee
Status: in_force

43-28-24. Duplicate license and certificate - When issued - Fee

If a license or certificate of registration to practice dentistry in this state is lost or destroyed,

the board shall issue and deliver a duplicate license or certificate for a fee established by rule.
N.D. Cent. Code § 43-62-19 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-19
43-62-19. Grounds for disciplinary action
Status: in_force

43-62-19. Grounds for disciplinary action

Disciplinary action may be imposed against a licensee upon any of the following grounds:

1. The use of any false, fraudulent, or forged statement or document, or the use of any

fraudulent, deceitful, dishonest, or immoral practice, in connection with any of the

licensing requirements.

2. The conviction of any misdemeanor determined by the board to have a direct bearing

upon an individual's ability to serve the public as a licensee or of any felony. A license

may not be withheld contrary to chapter 12.1-33.

3. Habitual use of alcohol or drugs.

4. Physical or mental disability materially affecting the ability to perform the duties of a

medical imaging or radiation therapy professional in a competent manner.

5. The performance of any dishonorable, unethical, or unprofessional conduct likely to

deceive, defraud, or harm the public.

6. Aiding or abetting the performance of medical imaging or radiation therapy by an

unlicensed, incompetent, or impaired individual.

7. The violation of any provision of this chapter, any rule of the board, or any federal or

state law applicable to the practice of medical imaging or radiation therapy, or any

action, stipulation, limitation, condition, or agreement imposed by the board or its

investigative panels.

8. The performance of medical imaging or radiation therapy under a false or assumed

name.

9. The willful or negligent violation of the confidentiality between medical imaging or

radiation therapy professional and patient, except as required by law.

10. Gross negligence in the performance of medical imaging or radiation therapy.

11. Sexual abuse, misconduct, or exploitation related to the licensee's performance of

medical imaging or radiation therapy.

12. The use of any false, fraudulent, or deceptive statement in any document connected

with the performance of medical imaging or radiation therapy.

13. The failure to maintain in good standing, including completion of continuing education

or recertification requirements, a certification from a certification organization

recognized by the board for the medical imaging or radiation therapy modality for

which a license has been issued by the board.

14. The imposition by another state, jurisdiction, or certification organization recognized by

the board of disciplinary action against a license, certification, or other authorization to

perform medical imaging or radiation therapy based upon acts or conduct by the

medical imaging or radiation therapy professional which would constitute grounds for

disciplinary action under this section. A certified copy of the record of the action taken

by the other state, jurisdiction, or certification organization is conclusive evidence of

that action.

15. The failure to furnish the board or the investigative panel or investigators or

representatives of the board or investigative panel information legally requested by the

board or the investigative panel. The board shall keep a record of its proceedings in a

disciplinary action or refusal to issue a license, together with the evidence offered.
N.D. Cent. Code § 43-42-05 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-05
43-42-05. Application of chapter
Status: in_force

43-42-05. Application of chapter

1. This chapter does not prohibit a person enrolled in a bona fide respiratory care training

program from performing those duties essential for completion of a student's clinical

service; provided, that the duties are performed under the supervision or direction of a

physician or registered respiratory therapist and the person is identified as a "student

respiratory therapist".

2. If examinations prepared by the national board for respiratory care are no longer

available or become unacceptable to the board, the board may develop, approve, and

use examinations for the licensure of registered respiratory therapists and certified

respiratory therapists.

3. This chapter does not prevent a licensed and qualified member of another health care

profession from performing any of the duties of a registered respiratory therapist, a

certified respiratory therapist, or a registered polysomnographic technologist that are

consistent with the accepted standards of that person's profession, provided the

person is not represented as a registered respiratory therapist, certified respiratory

therapist, or registered polysomnographic technologist.

4. This chapter does not prohibit self-care by a patient or the gratuitous care by a friend

or member of the family who does not represent or hold out to be a registered or

certified respiratory therapist.

5. This chapter does not prohibit a licensee under this chapter from performing advances

in the art or techniques of the licensee's licensed profession learned through formal or

specialized training.

6. This chapter does not prohibit an individual licensed or registered as a respiratory

therapist in another state or country from providing respiratory care in an emergency in

this state, providing respiratory care as a member of an organ harvesting team, or

from providing respiratory care on board an ambulance as part of the ambulance

treatment team.
N.D. Cent. Code § 43-13-11 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-11
43-13-11. Records of board
Status: in_force

43-13-11. Records of board

The record of the proceedings of the board kept by the secretary, or the secretary's

designee, at all reasonable times must be open to public inspection. The record also must

contain a registry list of all persons licensed by the board, together with renewals and

revocations of licenses. The record constitutes the official registry of all persons licensed to

practice optometry in this state.
N.D. Cent. Code § 43-15-10 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-10
43-15-10. Powers of board
Status: in_force

43-15-10. Powers of board

In addition to other powers provided by law, the board shall have the following powers and

duties, which shall be exercised in conformity with chapter 28-32 in order to protect the public

health, welfare, and safety:

1. To place on probation, reprimand, or fine any pharmacy, pharmacist, or pharmacy

intern or pharmacy technician; or refuse to issue or renew, or suspend, revoke, restrict,

or cancel, the license, permit, or registration of any pharmacy, pharmacist, or

pharmacy intern or pharmacy technician, if any of the following grounds apply and the

pharmacy, pharmacist, or pharmacy intern or pharmacy technician:

a. Is addicted to any alcohol or drug habit.

b. Uses any advertising statements of a character tending to deceive or mislead the

public.

c. Is subject to drug or alcohol dependency or abuse.

d. Permits or engages in the unauthorized sale of narcotic drugs or controlled

substances.

e. Permits or engages an unauthorized person to practice pharmacy.

f. Is mentally or physically incompetent to handle pharmaceutical duties.

g. Is guilty of fraud, deception, or misrepresentation in passing the pharmacist

examination.

h. Is found by the board in violation of any of the provisions of the laws regulating

drugs, pharmacies, and pharmacists or interns and technicians or the rules and

regulations established by the board.

i. Is found to have engaged in unprofessional conduct as that term is defined by the

rules of the board.

j. Is subject to incapacity of a nature that prevents a pharmacist from engaging in

the practice of pharmacy with reasonable skill, competence, and safety to the

public.

k. Is found guilty by a court of competent jurisdiction of one or more of the following:

(1) A felony, as defined by the statutes of North Dakota.

(2) Any act involving moral turpitude or gross immorality.

(3) Violations of the pharmacy or the drug laws of North Dakota or rules and

regulations pertaining thereto, or of statutes, rules or regulations of any

other state, or of the federal government.

l. Commits fraud or intentional misrepresentation in securing the issuance or

renewal of a license or pharmacy permit.

m. Sells, dispenses, or compounds any drug while on duty and while under the

influence of alcohol or while under the influence of a controlled substance without

a practitioner's prescription.

n. Discloses confidential information to any person, except as authorized by law.

2. To prescribe rules and regulations not inconsistent with this chapter governing the

cancellation or suspension of a license.

3. To examine and license as pharmacist any applicant found entitled to such license.

4. To prescribe rules and regulations for the guidance of its members, officers, and

employees, and to ensure the proper and orderly dispatch of its business.

5. To employ and pay such persons as it may deem necessary to inspect pharmacies in

this state, investigate pharmacies for the information of the board, procure evidence in

any proceeding pending before the board, or procure evidence in aid of any

prosecution or action in any court commenced or about to be commenced by or

against the board in relation to any matter in which the board has any duty to perform.

6. To employ and pay counsel to advise the board or to prosecute or defend any action or

proceeding commenced by or against the board or pending before it.

7. To grant permits and renewals thereof for the establishment and operation of

pharmacies.

8. Only for good cause to cancel, revoke, or suspend permits and renewals thereof for

the establishment and operation of pharmacies.

9. To prescribe reasonable and nondiscriminatory rules and regulations in regard to

granting, renewing, canceling, revoking, or suspending permits and renewals for

establishing and operating pharmacies.

10. Action by the board canceling, revoking, suspending, or refusing to renew a permit to

establish or operate a pharmacy shall not be enforced for thirty days after notice has

been given an aggrieved party by the board, nor during the time that an appeal by

such aggrieved party is pending and until such appeal is finally determined.

11. To prescribe reasonable rules and regulations relating to the physical design of space

occupied by a pharmacy to ensure appropriate control of and safeguards over the

contents of such pharmacy.

12. To regulate and control the practice of pharmacy in North Dakota.

13. To adopt, amend, and repeal rules for the regulation of pharmacies and pharmacists

providing radiopharmaceutical services, including special training, education, and

experience for pharmacists and physical design of space, safeguards, and equipment

for pharmacies.

14. To adopt, amend, and repeal rules determined necessary by the board for the proper

administration and enforcement of this chapter, chapter 19-02.1 as that chapter

pertains to drugs, subject to approval of the commissioner of the department of health

and human services or designee, and chapter 19-03.1.

15. The board or its authorized representatives may investigate and gather evidence

concerning alleged violations of the provisions of chapter 43-15, chapter 19-02.1 that

pertains to drugs, chapters 19-03.1, 19-03.2, and 19-04, or of the rules of the board.

Board investigative files are confidential and may not be considered public records or

open records for purposes of section 44-04-18, until a complaint is filed or a decision

made by the board not to file a complaint.

16. In addition to other remedies, the board may apply to the district court in the

jurisdiction of an alleged violation, and that court has jurisdiction upon hearing and for

cause shown, to grant a temporary or permanent injunction restraining any person

from violating any provision of chapter 43-15, chapter 19-02.1 pertaining to drugs, and

chapter 19-03.1, whether or not there exists an adequate remedy at law. Whenever a

duly authorized representative of the board finds or has probable cause to believe that

any drug or device is adulterated, misbranded, mislabeled, or improperly identified,

within the meaning of chapter 19-02.1, the representative shall affix to that drug or

device a tag or other appropriate marking giving notice that the article is or is

suspected of being adulterated, misbranded, mislabeled, or improperly identified, has

been detained or embargoed and warning all persons not to remove or dispose of

such article by sale or otherwise until provision for removal or disposal is given by the

board or its agents or the court. No person may remove or dispose of such embargoed

drug or device by sale or otherwise without the permission of the board or its agent, or,

after summary proceedings have been instituted, without permission from the court.

17. When a drug or device detained or embargoed has been declared by such

representative to be adulterated, misbranded, mislabeled, or improperly identified, the

board shall, as soon as practical thereafter, petition the district court in whose

jurisdiction the article is detained or embargoed for an order for condemnation of such

article. If the judge determines that the drug or device so detained or embargoed is not

adulterated, misbranded, mislabeled, or improperly identified, the board shall direct the

immediate removal of the tag or other marking. If the court finds the detained or

embargoed drug or device is adulterated, misbranded, mislabeled, or improperly

identified, such drug or device, after entry of the decree, shall be destroyed at the

expense of the owner under the supervision of a board representative and all court

costs and fees, storage, and other proper expense shall be borne by the owner of

such drug or device. When the adulteration, misbranding, mislabeling, or improper

identification can be corrected by proper labeling or processing of the drug or device,

the court, after entry of the decree and after such costs, fees, and expenses have

been paid and a good and sufficient bond has been posted, may direct that such drug

or device be delivered to the owner for labeling or processing under the supervision of

a board representative. Expense of supervision shall be paid by the owner. Bond

posted shall be returned to the owner of the drug or device on representation to the

court by the board that the drug or device is no longer in violation of the embargo and

the expense of supervision has been paid. Nothing in this section shall be construed to

require the board to report violations whenever the board believes the public's interest

will be adequately served in the circumstances by a suitable written notice or warning.

18. The board shall establish a bill of rights for patients concerning the health care

services a patient may expect in regard to pharmaceutical care.

19. To adopt, amend, and repeal rules as may be deemed necessary by the board to

register pharmacy technicians pursuant to qualifications established by the board, to

charge a pharmacy technician an annual registration fee not to exceed fifty dollars, to

specify tasks associated with and included in the practice of pharmacy which may be

delegated by a licensed pharmacist to a registered pharmacy technician, to provide for

suspension or revocation of a pharmacy technician's registration, and to regulate and

control pharmacy technicians. The board may allocate up to fifty percent of the amount

of the registration fee to an appropriate pharmacy technician association for its general

operating expenses, including pharmacy technician education and development

standards.

20. To require the self-reporting by an applicant or a licensee of any information the board

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

qualifications.

21. To require information regarding an applicant's or licensee's fitness, qualifications, and

previous professional record and performance from recognized data sources, including

the national association of boards of pharmacy data bank, other data repositories,

licensing and disciplinary authorities of other jurisdictions, professional education and

training institutions, liability insurers, health care institutions, and law enforcement

agencies be reported to the board. The board may require an applicant for licensure or

a licensee who is the subject of a disciplinary investigation to submit to a statewide

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

check must be conducted in the manner provided by section 12-60-24. All costs

associated with obtaining a background check are the responsibility of the licensee or

applicant.

22. To adopt, amend, and repeal rules as may be deemed necessary by the board to

register veterinary dispensing technicians pursuant to qualifications established by the

board, to charge a veterinary dispensing technician an annual registration fee not to

exceed fifty dollars, to provide for suspension or revocation of a veterinary dispensing

technician's registration, to provide for suspension or revocation of a veterinary retail

facility's license, to regulate and control veterinary retail facilities, and to regulate and

control veterinary dispensing technicians.

23. To establish limited prescriptive authority for individuals to distribute opioid antagonist

kits, also known as "Naloxone rescue kits". If the board establishes limited prescriptive

authority under this subsection, the board shall adopt rules to establish standards that

may include training, certification, and continuing education requirements.

24. To establish limited prescriptive authority through a statewide protocol for public health

issues within the scope of practice for a pharmacist. The board shall adopt rules to

establish standards of care.
N.D. Cent. Code § 43-62-05 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-05
43-62-05. Term of office
Status: in_force

43-62-05. Term of office

The term of office of each member of the board is four years and until a successor is

appointed and qualified. The terms must be so arranged that no more than four terms expire on

the thirty-first of July of each year. The governor shall fill all vacancies by appointment. In case

of a vacancy before the expiration of a term, the appointment must be for the residue of the

term. A member of the board may not serve on the board for more than two successive

four-year terms.
N.D. Cent. Code § 43-07-17 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-17
43-07-17. Revocation of license - Relicensing
Status: in_force

43-07-17. Revocation of license - Relicensing

A licensee whose license has been revoked may not be relicensed for a period of up to five

years.
N.D. Cent. Code § 43-17.5-08 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-08
43-17.5-08. Data system
Status: in_force

43-17.5-08. Data system

1. The commission shall provide for the development, maintenance, operation, and

utilization of a coordinated data and reporting system containing licensure, adverse

action, and the reporting of the existence of significant investigative information on all

licensed physician assistants and applicants denied a license in participating states.

2. Notwithstanding any other state law to the contrary, a participating state shall submit a

uniform data set to the data system on all physician assistants to whom this compact

is applicable, utilizing a unique identifier, as required by the rules of the commission,

including:

a. Identifying information;

b. Licensure data;

c. Adverse actions against a license or compact privilege;

d. Any denial of application for licensure, and the reasons for such denial, excluding

the reporting of any criminal history record information where prohibited by law;

e. The existence of significant investigative information; and

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

determined by the rules of the commission.

3. Significant investigative information pertaining to a licensee in any participating state

must only be available to other participating states.

4. The commission shall promptly notify all participating states of any adverse action

taken against a licensee or an individual applying for a license which has been

reported to it. This adverse action information must be available to any other

participating state.

5. Participating states contributing information to the data system may, in accordance

with state or federal law, designate information that may not be shared with the public

without the express permission of the contributing state. Notwithstanding any such

designation, such information must be reported to the commission through the data

system.

6. Any information submitted to the data system which is subsequently expunged

pursuant to federal law or the laws of the participating state contributing the

information must be removed from the data system upon reporting of such by the

participating state to the commission.

7. The records and information provided to a participating state pursuant to this compact

or through the data system, when certified by the commission or an agent thereof,

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 participating state.
N.D. Cent. Code § 43-43-03 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-03
43-43-03. Advisory board duties and compensation
Status: in_force

43-43-03. Advisory board duties and compensation

The advisory board shall meet at the request of the state health officer or designee to assist

in implementation of duties as defined in section 43-43-04. The advisory board must be

reimbursed for any necessary expenses, but shall serve without further compensation except as

may be authorized and fixed by the department of health and human services by rule.
N.D. Cent. Code § 43-18-17.1 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-17.1
43-18-17.1. Continuing education
Status: in_force

43-18-17.1. Continuing education

After January 1, 1991, each applicant for renewal of a master or journeyman plumber's

license under section 43-18-17 must have successfully completed prior thereto at least two

credit hours, and thereafter a minimum of two credit hours and not to exceed four credit hours

within a two-year period, of continuing education relating to the plumbing trade.

Credit hours for educational sessions must be determined by the board on a continuing

basis to evaluate new sessions as they become available for fulfilling the educational

requirements of this section. The board may charge a fee sufficient to offset expenses incurred

for any educational sessions for which it is directly responsible.
N.D. Cent. Code § 43-44-04 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-04
43-44-04. Board administrative authority and requirements
Status: in_force

43-44-04. Board administrative authority and requirements

1. The board may employ an executive secretary and other officers and employees it

deems necessary.

2. The executive secretary shall pay, upon approval of the board, all appropriate

expenses incurred by the board in the administration of this chapter.
N.D. Cent. Code § 43-19.1-10 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-10
43-19.1-10. Records and reports
Status: in_force

43-19.1-10. Records and reports

The board shall:

1. Keep a record of the board's proceedings and of all applications for registration. The

record must show the name, age, and last-known address of each applicant; the date

of application, the place of business of such applicant, the applicant's education,

experience, and other qualifications; type of examination required; whether the

applicant was rejected; whether a certificate of registration was granted; the date of

the action of the board; and such other information as may be deemed necessary by

the board. The record of the board is prima facie evidence of the proceeding of the

board and a transcript of board proceedings which is certified by the executive director

under seal is admissible as evidence with the same force and effect as if the original

were produced.

2. Annually, in compliance with state law, submit a report of the board's transactions of

the preceding year.
N.D. Cent. Code § 43-03-20 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-20
43-03-20. Revocation, denial, or suspension of registration
Status: in_force

43-03-20. Revocation, denial, or suspension of registration

If the board revokes, denies, or suspends the certificate of registration or application of a

certificate holder or applicant for certificate, the certificate holder or applicant has a right to a

hearing before the board on such contemplated disciplinary action and has a right to appeal to

the courts from the decision of the board on the hearing. All of the provisions of chapter 28-32

relating to proceedings before an administrative agency are applicable to and govern the notice

of hearing, the hearing, and the right of appeal from the board's decision. The board may

revoke, deny, or suspend any certificate of registration of or application to be an architect or a

landscape architect upon proof:

1. The certificate was obtained or attempted to be obtained by fraud, deceit, or material

misrepresentation of fact in applying for a certificate or renewal of a certificate or in

passage of the examination under this chapter;

2. The holder of the certificate has been guilty of malfeasance, deceit, fraud, gross

incompetency, or negligence in connection with the holder's practice of architecture or

landscape architecture;

3. The holder of the certificate has exhibited mental incompetency, untrustworthiness,

incompetency, or misconduct in the practice of architecture or landscape architecture

as evidenced by conduct that endangers life, health, property, or the public welfare.

4. The holder of the certificate allowed a nonregistered person to practice as an architect

by the device of permitting the certificate holder's name or stamp to be placed upon

drawings, or other contract documents, not prepared by the holder or under the

holder's direct supervision;

5. The holder of the certificate or applicant had an architecture or a landscape

architecture license of another state suspended or revoked or was otherwise

disciplined by another state;

6. The holder of the certificate or applicant was convicted of an offense determined by

the board to have a direct bearing upon the certificate holder's or applicant's ability to

serve the public as an architect or landscape architect; or that, following conviction of

an offense, the holder or applicant is not sufficiently rehabilitated under section

12.1-33-02.1; or

7. The holder of the certificate or applicant violated this chapter or rules adopted under

this chapter. If a certificate holder or applicant is convicted of a crime in another state

which would constitute a violation of this chapter had the criminal action taken place in

this state, a copy of the judgment of conviction certified by the rendering court is

presumptive evidence of the conviction in any hearing under this section. For purposes

of this subsection, a conviction includes a plea of nolo contendere or its equivalent.
N.D. Cent. Code § 43-04-12 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-12
43-04-12. General powers of board
Status: in_force

43-04-12. General powers of board

The board is an instrumentality of the state and shall act for the purpose of administering

the provisions of this chapter and has such specific powers as are necessary to administer and

enforce the same. The board has the following additional powers:

1. To supervise and regulate barbering practice in the state of North Dakota in the

manner and for the purposes provided herein.

2. To investigate as conditions permit and regulate as conditions require all matters

pertaining to the proper supervision and control of all barbershops and the work of all

barbers within this state, in conformity with the intents and purposes of this chapter.

3. To act as mediator and arbitrator in any controversy or issue that may arise among or

between barbers as between themselves, or that may arise between them as groups,

in harmony with and supplementary to any lawfully constituted medium of arbitration

now existing or hereafter created, having jurisdiction of such matters.

4. To issue subpoenas and to administer oaths as provided in section 43-04-13 whenever

necessary to carry out the purposes and intents of this chapter, and to issue

commissions to take depositions of witnesses absent from this state whenever

necessary for such purposes.

5. The board shall sponsor an educational program to carry out the purposes of

protecting the public health and safety by encouraging barbershops that are clean,

healthful, and sanitary with capable, skilled, professional barbers. The board shall use

an amount not to exceed ten dollars from each fee paid for the renewal of a barber's

certificate for the purpose of this educational program.
N.D. Cent. Code § 43-07-13 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-13
43-07-13. Records and certified copies of records
Status: in_force

43-07-13. Records and certified copies of records

The registrar shall maintain in the registrar's office, open to public inspection during office

hours, a complete indexed record of all applications, licenses, certificates for the current

contractor year, revocations, expirations, and other information maintained on contractors. The

registrar may dispose of an inactive contractor file after two years if no attempts have been

made to apply for a new license or renew the license. Disposal of the license will proceed

according to the provisions of chapter 54-46. Before disposal and upon request, the registrar

shall furnish a certified copy of any information maintained upon receipt of the fees prescribed in

section 54-09-04. Any certificate or certified copy issued by the registrar under this section has

the same force and effect as provided in section 54-09-02.1.
N.D. Cent. Code § 43-40-01 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-01
43-40-01. Definitions
Status: in_force

43-40-01. Definitions

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

1. "Board" means the board of occupational therapy practice.

2. "Occupational therapist" means a person licensed to practice occupational therapy

under this chapter.

3. "Occupational therapy aide" means an unlicensed person who assists in the practice

of occupational therapy under the direct supervision of an occupational therapist or

occupational therapy assistant in accordance with rules adopted by the board.

4. "Occupational therapy assistant" means a person licensed to assist in the practice of

occupational therapy, under this chapter, who works under the supervision of an

occupational therapist.

5. "Occupational therapy practice" means the use of occupation and purposeful activity

or intervention designed to achieve functional outcomes that promote health, prevent

injury or disability, and which develop, improve, sustain, or restore the highest possible

level of independence of any individual who has an injury, illness, cognitive

impairment, psychosocial dysfunction, mental illness, developmental or learning

disability, physical disability or other disorder or condition, and occupational therapy

education. Occupational therapy encompasses evaluation, treatment, consultation,

research, and education. Occupational therapy practice includes evaluation by skilled

observation, administration, and interpretation of standardized and nonstandardized

tests and measurements. The occupational therapy practitioner designs and

implements interventions directed toward developing, improving, sustaining, and

restoring sensorimotor, neuromuscular, emotional, cognitive, or psychosocial

performance components. Interventions include activities that contribute to optimal

occupational performance including self-care; daily living skills; skills essential for

productivity, functional communication and mobility; positioning; social integration;

cognitive mechanisms; enhancing play and leisure skills; and the design, provision,

and training in the use of assistive technology, devices, orthotics, or prosthetics or

environmental adaptations to accommodate for loss of occupational performance.

Therapy may be provided individually or in groups to prevent secondary conditions,

promote community integration, and support the individual's health and well-being

within the social and cultural contexts of the individual's natural environment.

6. "Occupational therapy student" is a person enrolled in an accredited occupational

therapy education program.
N.D. Cent. Code § 43-40.1-09 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-09
43-40.1-09. Data system
Status: in_force

43-40.1-09. Data system

1. The commission shall provide for the development, maintenance, and use of a

coordinated database and reporting system containing licensure, adverse action, and

investigative information on all licensed individuals in member states.

2. A member state shall submit a uniform data set to the data system on all individuals to

whom this compact applies, as required by the rules of the commission using a unique

identifier that includes:

a. Identifying information;

b. Licensure data;

c. Adverse actions against a license or compact privilege;

d. Nonconfidential information related to alternative program participation;

e. Any denial of application for licensure, and the reason for the denial;

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

determined by the rules of the commission; and

g. Current significant investigative information.

3. Current significant investigative information and other investigative information

pertaining to a licensee in any member state only will be available to other member

states.

4. The commission shall promptly notify all member states of any adverse action taken

against a licensee or an individual applying for a license. Adverse action information

pertaining to a licensee in any member state will be available to any other member

state.

5. 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.

6. Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information must be

removed from the data system.
N.D. Cent. Code § 43-60-07 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-07
43-60-07. Disciplinary actions
Status: in_force

43-60-07. Disciplinary actions

1. The board may cancel, revoke, suspend, or restrict the license of a genetic counselor;

may issue public reprimands; and may issue fines, not to exceed one thousand

dollars, if the board is satisfied by proof by a preponderance of the evidence, in

compliance with chapter 43-17, of any of the following grounds for disciplinary action:

a. The use of any false, fraudulent, or forged statement or document or the use of

any fraudulent, deceitful, dishonest, or immoral practice in connection with any of

the licensing requirements.

b. The making of false or misleading statements by a genetic counselor about the

counselor's skill.

c. The conviction of any misdemeanor determined by the board to have a direct

bearing upon the genetic counselor's ability to serve the public as a practitioner of

genetic counseling.

d. The conviction of a felony, if the requirements of section 12.1-33-02.1 are met.

e. Habitual use of alcohol or drugs.

f. Physical or mental disability materially affecting the ability to perform the duties of

a genetic counselor in a competent manner.

g. The performance of any dishonorable, unethical, or unprofessional conduct likely

to deceive, defraud, or harm the public.

h. Obtaining any fee by fraud, deceit, or misrepresentation.

i. Aiding or abetting the practice of genetic counseling by an unlicensed,

incompetent, or impaired person.

j. The violation of any provision of this chapter or the rules adopted by the board or

the violation of any action, stipulation, condition, or agreement imposed by the

board or the board's investigative panels.

k. The practice of genetic counseling under a false or assumed name.

l. The advertising for the practice of genetic counseling in an untrue or deceptive

manner.

m. The willful or negligent violation of the confidentiality between genetic counselor

and patient, except as required by law.

n. Gross negligence in the practice of genetic counseling.

o. Sexual abuse, misconduct, or exploitation related to the genetic counselor's

practice of genetic counseling.

p. The use of any false, fraudulent, or deceptive statement in any document

connected with the practice of genetic counseling.

q. The imposition by another state or jurisdiction of disciplinary action against a

license or other authorization to practice genetic counseling based upon acts or

conduct by the genetic counselor which would constitute grounds for disciplinary

action as set forth in this section. A certified copy of the record of the action taken

by the other state or jurisdiction is conclusive evidence of that action.

r. The failure to furnish the board or the board's investigative panel or the board's or

investigative panel's investigators or representatives information legally

requested by the board or the investigative panel.

2. The board shall keep a record of all the board's proceedings in the matter of

suspending, revoking, or refusing licenses together with the evidence offered.

3. The board shall deposit in the general fund any fines collected under this section.
N.D. Cent. Code § 43-15-15 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-15
43-15-15. Qualifications of licensed pharmacist
Status: in_force

43-15-15. Qualifications of licensed pharmacist

Every applicant for license as a pharmacist in this state shall have the following

qualifications:

1. Be at least eighteen years of age.

2. Be of good moral character.

3. Be a graduate of a school or college of pharmacy recognized by the board as an

approved school.

Any applicant who is a graduate of a school or college of pharmacy located outside the

United States, whose school or college of pharmacy has not been recognized by the board as

an approved school but who is otherwise qualified to apply for licensure to practice pharmacy in

this state, may be deemed to have satisfied the requirements of subsection 3 by verification to

the board of applicant's academic record and applicant's graduation and by meeting such other

requirements as the board may establish from time to time. The board may require such

applicant to successfully pass an examination or examinations given or approved by the board

to establish proficiency in English and equivalency of education of such applicant with qualified

graduates of a school or college recognized by the board as a prerequisite of taking the

licensure examination provided for in section 43-15-19.

Before a license will be granted by the North Dakota board of pharmacy, the applicant must

have practical experience for a term to be determined by the board in accordance with the

requirements of the national association of boards of pharmacy in a retail pharmacy under the

supervision of a licensed pharmacist, which experience must be predominantly work directly

relating to selling drugs and poisons, compounding of pharmaceutical preparations and

physicians' prescriptions, keeping records, and making reports required under the state and

federal statutes. Any employment of the applicant prior to the applicant's completion of the first

year of study in a college of pharmacy or its equivalent may not be applied in computing the

fulfillment of this requirement.
N.D. Cent. Code § 43-19.1-27 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-27
43-19.1-27. Right to practice
Status: in_force

43-19.1-27. Right to practice

1. A person may not practice or offer to practice professional engineering or land

surveying unless the person is an individual registered to practice under or exempt

from the provisions of this chapter. The practice of engineering by a professional

engineer which includes service or creative work that is included in both the definition

of the practice of engineering and the definition of land surveying does not require

registration as a professional land surveyor. The practice of land surveying by a

professional land surveyor which includes a service or creative work that is included in

both the definition of the practice of engineering and the definition of land surveying

does not require registration as a professional engineer.

2. The following are not considered offering to practice engineering or surveying in the

solicitation of work if the engineer or surveyor is licensed in another jurisdiction:

a. Advertising in a publication or electronic media if there is no holding out of

professional services in jurisdictions in which not licensed.

b. Responding to a letter of inquiry regarding a request for proposals if there is

written disclosure the engineer, surveyor, or firm is not licensed in this state and

the response is limited to inquiries regarding scope of project and to demonstrate

interest.

c. Responding to a letter of inquiry from a prospective client if there is written

disclosure that the engineer, surveyor, or firm is not licensed in this state and the

response is limited to inquiries regarding scope of project and to demonstrate

interest.

d. Using the title or designation "professional engineer", "licensed engineer", "P.E.",

"professional surveyor", "licensed surveyor", "P.L.S.", or similar title or designation

in correspondence or on business cards from an office in the jurisdiction in which

licensure is held.

3. Notwithstanding subsection 2, a proposal may not be submitted, a contract may not be

signed, or work may not be commenced until an engineer, surveyor, or firm becomes

licensed as provided under this chapter.

4. A registered professional engineer or registered land surveyor may practice or offer to

practice professional engineering or land surveying as an organization or as an

individual operating under a trade name if the organization is registered under or

exempt from the provisions of this chapter.

5. In addition to and without impairing any rights or exemptions granted others in this

chapter, the practice of or offer to practice professional engineering or land surveying

by an organization or by an individual operating under a trade name is permitted in this

state if:

a. All officers, employees, and agents of such an organization or the individual

operating under a trade name who will perform the practice of engineering or of

land surveying within this state are registered under this chapter;

b. Each person in responsible charge of the activities of any organization or

individual operating under a trade name which activities constitute the practice of

professional engineering and land surveying, is a professional engineer or land

surveyor registered in this state or an individual authorized to practice

professional engineering or land surveying as provided in this chapter;

c. Such organization or individual operating under a trade name has been issued a

certificate of commercial practice by the board as provided by subsection 6;

d. Each organization or individual operating under a trade name is jointly and

severally responsible with and for the conduct or acts of its agents, employees,

officers, or managers in respect to any professional engineering or land surveying

services performed or to be executed in this state. An individual practicing

professional engineering or land surveying may not be relieved of the

responsibility for the individual's conduct or acts performed by reason of the

individual's employment by or relationship with such organization or individual

operating under a trade name; and

e. All final drawings, specifications, plans, reports, or other engineering or land

surveying papers or documents involving the practice of professional engineering

or land surveying, when presented to a client, contractor, subconsultant, or any

public agency, must be dated and bear the seals and signatures of the

professional engineers or land surveyors registered under this chapter by whom

or under whose responsible charge they were prepared. A working drawing or

unfinished document must contain a statement to the effect the drawing or

document is preliminary and not for construction, recording purposes, or

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

and signature or facsimiles thereof to be affixed to any engineering drawing,

specification, map, plat, report, or other document after the expiration or

revocation or during the suspension of a certificate or for the purpose of aiding

and abetting any other person to evade or attempt to evade any provision of this

chapter.

6. An organization or individual operating under a trade name desiring a certificate of

commercial practice or the renewal thereof shall file a written application with the

board setting forth the names and addresses of all partners, officers, directors,

managers, or governors, if any, of such organization and the names and addresses of

all employees who are duly registered to practice professional engineering or land

surveying in this state, and who are or will be in responsible charge of any engineering

or land surveying in this state by such organization or individual operating under a

trade name, together with other information as the board may require. Upon the

receipt of an application, and of a fee in an amount established by the board for the

initial certificate or renewal thereof, but not to exceed the amount of two hundred

dollars per year, the board shall issue to such organization or individual operating

under a trade name a certificate of commercial practice or a renewal thereof, which

certificate of commercial practice is not transferable. If the board finds an error in an

application or that facts exist which would entitle the board to suspend or revoke a

certificate if issued to the applicant, the board shall deny the application. If a change

occurs in any of the information submitted on the application of any organization or

individual operating under a trade name within the term of the certificate of commercial

practice, the organization or individual operating under a trade name shall file with the

board a written report with respect to the change within thirty days after the change

occurs. The provisions with respect to issuance, expiration, renewal, and reissuance of

the certificates of registration of individuals contained in this chapter also apply to

certificates of commercial practice issued to an organization or individual operating

under a trade name under this subsection. An organization or individual operating

under a trade name is subject to disciplinary proceedings and penalties and

certificates of commercial practice are subject to suspension or revocation for cause in

the same manner and to the same extent as is provided with respect to an individual

and the individual's certificates of registration in sections 43-19.1-26, 43-19.1-29, and
N.D. Cent. Code § 43-05-06 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-06
43-05-06. Compensation of members of board
Status: in_force

43-05-06. Compensation of members of board

Each member of the board shall receive fifty dollars per day for each day employed in the

actual discharge of the duties of the board, and the member's necessary expenses. The

mileage and travel expense allowed may not exceed the amount provided for in section

54-06-09.
N.D. Cent. Code § 43-15-34 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-34
43-15-34. Operation of pharmacy - Permit required - Application - Fee
Status: in_force

43-15-34. Operation of pharmacy - Permit required - Application - Fee

No person, copartnership, association, corporation, or limited liability company shall open,

establish, operate, or maintain any pharmacy within this state without first obtaining a permit so

to do from the board. Application for the permit shall be made upon a form to be prescribed and

furnished by the board and shall be accompanied by a fee to be set by the board not to exceed

three hundred dollars. A like fee shall be paid upon each annual renewal thereof. Separate

applications shall be made and separate permits required for each pharmacy opened,

established, operated, or maintained by the same owner and for the change of location, name,

or ownership of an existing pharmacy.
N.D. Cent. Code § 43-18.2-08 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-08
43-18.2-08. Examination fees
Status: in_force

43-18.2-08. Examination fees

An applicant for a sewer and water contractor's license shall pay an examination fee of one

hundred dollars, and an applicant for a building sewer and water installer's license shall pay an

examination fee of twenty-five dollars before taking the examination for the first time. The

re-examination fee is fifty dollars for a sewer and water contractor's license and ten dollars for a

sewer and water installer's license. No additional fee may be charged for the first year of

licensure. No applicant may be examined for the same license more often than every three

months.
N.D. Cent. Code § 43-32.1-01 — ND Code / Title 43 / Chapter 43-32.1 / Section 43-32.1-01
43-32.1-01. Psychology interjurisdictional compact
Status: in_force

43-32.1-01. Psychology interjurisdictional compact

ARTICLE I - PURPOSE

WHEREAS, states license psychologists, in order to protect the public through verification

of education, training and experience and ensure accountability for professional practice; and

WHEREAS, this compact is intended to regulate the day-to-day practice of telepsychology

(i.e. the provision of psychological services using telecommunication technologies) by

psychologists across state boundaries in the performance of their psychological practice as

assigned by appropriate authority; and

WHEREAS, this compact is intended to regulate the temporary in-person, face-to-face

practice of psychology by psychologists across state boundaries for thirty days within a calendar

year in the performance of their psychological practice as assigned by an appropriate authority;

WHEREAS, this compact is intended to authorize state psychology regulatory authorities to

afford legal recognition, in a manner consistent with the terms of the compact, to psychologists

licensed in another state;

WHEREAS, this compact recognizes that states have a vested interest in protecting the

public's health and safety through their licensing and regulation of psychologists and that such

state regulation will best protect public health and safety;

WHEREAS, this compact does not apply when a psychologist is licensed in both the home

and receiving states; and

WHEREAS, this compact does not apply to permanent in-person, face-to-face practice, it

does allow for authorization of temporary psychological practice. Consistent with these

principles, this compact is designed to achieve the following purposes and objectives:

1. Increase public access to professional psychological services by allowing for

telepsychological practice across state lines as well as temporary in-person, face-to-

face services into a state which the psychologist is not licensed to practice psychology;

2. Enhance the states' ability to protect the public's health and safety, especially

client/patient safety;

3. Encourage the cooperation of compact states in the areas of psychology licensure and

regulation;

4. Facilitate the exchange of information between compact states regarding psychologist

licensure, adverse actions and disciplinary history;

5. Promote compliance with the laws governing psychological practice in each compact

state; and

6. Invest all compact states with the authority to hold licensed psychologists accountable

through the mutual recognition of compact state licenses.

ARTICLE II - DEFINITIONS

In this compact:

1. "Adverse action" means any action taken by a state psychology regulatory authority

which finds a violation of a statute or regulation that is identified by the state

psychology regulatory authority as discipline and is a matter of public record.

2. "Association of state and provincial psychology boards" means the recognized

membership organization composed of state psychology regulatory authorities

responsible for the licensure and registration of psychologists throughout the United

States and Canada.

3. "Authority to practice jurisdictional telepsychology" means a licensed psychologist's

authority to practice telepsychology, within the limits authorized under this compact, in

another compact state.

4. "Bylaws" means those bylaws established by the psychology interjurisdictional

compact commission pursuant to article X for its governance, or for directing and

controlling its actions and conduct.

5. "Client/patient" means the recipient of psychological services, whether psychological

services are delivered in the context of health care, corporate, supervision, and/or

consulting services.

6. "Commissioner" means the voting representative appointed by each state psychology

regulatory authority pursuant to article X.

7. "Compact state" means a state, the District of Columbia, or United States territory that

has enacted this compact legislation and which has not withdrawn pursuant to

article XIII, subsection 3 or been terminated pursuant to article XII, subsection 2.

8. "Confidentiality" means the principle that data or information is not made available or

disclosed to unauthorized persons or processes.

9. "Coordinated licensure information system" also referred to as "coordinated database"

means an integrated process for collecting, storing, and sharing information on

psychologists' licensure and enforcement activities related to psychology licensure

laws, which is administered by the recognized, membership organization composed of

state and provincial psychology regulatory authorities.

10. "Day" means any part of a day in which psychological work is performed.

11. "Distant state" means the compact state where a psychologist is physically present

(not through the use of telecommunications technologies), to provide temporary

in-person, face-to-face psychological services.

12. "E.passport" means a certificate issued by the association of state and provincial

psychology boards that promotes the standardization in the criteria of interjurisdictional

telepsychology practice and facilitates the process for licensed psychologists to

provide telepsychological services across state lines.

13. "Executive board" means a group of directors elected or appointed to act on behalf of,

and within the powers granted to them by, the commission.

14. "Home state" means a compact state where a psychologist is licensed to practice

psychology. If the psychologist is licensed in more than one compact state and is

practicing under the authorization to practice interjurisdictional telepsychology, the

home state is the compact state where the psychologist is physically present when the

telepsychological services are delivered. If the psychologist is licensed in more than

one compact state and is practicing under the temporary authorization to practice, the

home state is any compact state where the psychologist is licensed.

15. "Identity history summary" means a summary of information retained by the federal

bureau of investigation, or other designee with similar authority, in connection with

arrests and, in some instances, federal employment, naturalization, or military service.

16. "In-person, face-to-face" means interactions in which the psychologist and the

client/patient are in the same physical space and which does not include interactions

that may occur through the use of telecommunication technologies.

17. "Interjurisdictional practice certificate" means a certificate issued by the association of

state and provincial psychology boards that grants temporary authority to practice

based on notification to the state psychology regulatory authority of intention to

practice temporarily, and verification of one's qualifications for such practice.

18. "License" means authorization by a state psychology regulatory authority to engage in

the independent practice of psychology, which would be unlawful without the

authorization.

19. "Noncompact state" means any state which is not at the time a compact state.

20. "Psychologist" means an individual licensed for the independent practice of

psychology.

21. "Psychology interjurisdictional compact commission" also referred to as "commission"

means the national administration of which all compact states are members.

22. "Receiving state" means a compact state where the client/patient is physically located

when the telepsychological services are delivered.

23. "Rule" means a written statement by the psychology interjurisdictional compact

commission promulgated pursuant to article XI of the compact that is of general

applicability, implements, interprets, or prescribes a policy or provision of the compact,

or an organizational, procedural, or practice requirement of the commission and has

the force and effect of statutory law in a compact state, and includes the amendment,

repeal, or suspension of an existing rule.

24. "Significant investigatory information" means:

a. Investigative information that a state psychology regulatory authority, after a

preliminary inquiry that includes notification and an opportunity to respond if

required by state law, has reason to believe, if proven true, would indicate more

than a violation of state statute or ethics code that would be considered more

substantial than minor infraction; or

b. Investigative information that indicates that the psychologist represents an

immediate threat to public health and safety regardless of whether the

psychologist has been notified and/or had an opportunity to respond.

25. "State" means a state, commonwealth, territory, or possession of the United States,

the District of Columbia.

26. "State psychology regulatory authority" means the board, office, or other agency with

the legislative mandate to license and regulate the practice of psychology.

27. "Telepsychology" means the provision of psychological services using

telecommunication technologies.

28. "Temporary authorization to practice" means a licensed psychologist's authority to

conduct temporary in-person, face-to-face practice, within the limits authorized under

this compact, in another compact state.

29. "Temporary in-person, face-to-face practice" means where a psychologist is physically

present (not through the use of telecommunications technologies), in the distant state

to provide for the practice of psychology for thirty days within a calendar year and

based on notification to the distant state.

ARTICLE III - HOME STATE LICENSURE

1. The home state shall be a compact state where a psychologist is licensed to practice

psychology.

2. A psychologist may hold one or more compact state licenses at a time. If the

psychologist is licensed in more than one compact state, the home state is the

compact state where the psychologist is physically present when the services are

delivered as authorized by the authority to practice interjurisdictional telepsychology

under the terms of this compact.

3. Any compact state may require a psychologist not previously licensed in a compact

state to obtain and retain a license to be authorized to practice in the compact state

under circumstances not authorized by the authority to practice interjurisdictional

telepsychology under the terms of this compact.

4. Any compact may require a psychologist to obtain and retain a license to be

authorized to practice in a compact state under circumstances not authorized by

temporary authorization to practice under the terms of this compact.

5. A home state's license authorizes a psychologist to practice in a receiving state under

the authority to practice interjurisdictional telepsychology only if the compact state:

a. Currently requires the psychologist to hold an active e.passport;

b. Has a mechanism in place for receiving and investigation complaints about

licensed individuals;

c. Notifies to commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

d. Requires an identity history summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with

the requirements of the federal bureau of investigation, or other designee with

similar authority, no later than ten years after activation of the compact; and

e. Complies with the bylaws and rules of the commission.

6. A home state's license grants temporary authorization to practice to a psychologist in a

distant state only if the compact state:

a. Currently requires the psychologist to hold an active interjurisdictional practice

certificate;

b. Has a mechanism in place for receiving and investigation complaints about

licensed individuals;

c. Notifies the commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

d. Requires an identity history summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with

the requirements of the federal bureau of investigation, or other designee with

similar authority, no later than ten years after activation of the compact; and

e. Complies with the bylaws and rules of the commission.

ARTICLE IV - COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

1. Compact states shall recognize the right of a psychologist, licensed in a compact state

in conformance with article III, to practice telepsychology in other compact states

(receiving states) in which the psychologist is not licensed, under the authority to

practice interjurisdictional telepsychology as provided in the compact.

2. To exercise the authority to practice interjurisdictional telepsychology under the terms

and provisions of this compact, a psychologist licensed to practice in a compact state

must:

a. Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded:

(1) Regionally accredited by an accrediting body recognized by the United

States department of education to grant graduate degrees, or authorized by

provincial statute or royal charter to grant doctoral degrees;

(2) A foreign college or university deemed to be equivalent to paragraph 1 by a

foreign credential evaluation service that is a member of the national

association of credential evaluation services or by a recognized foreign

credential evaluation service;

b. Hold a graduate degree in psychology that meets the following criteria:

(1) The program, wherever it may be administratively housed, must be clearly

identified and labeled as a psychology program. Such a program must

specify in pertinent institutional catalogs and brochures its intent to educate

and train professional psychologists;

(2) The psychology program must stand as a recognizable, coherent,

organizational entity within the institution;

(3) There must be a clear authority and primary responsibility for the core and

specialty areas whether or not the program cuts across administrative lines;

(4) The program must consist of an integrated, organized sequence of study;

(5) There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

(6) The designated director of the program must be a psychologist and a

member of the core faculty;

(7) The program must have an identifiable body of students who are

matriculated in that program for a degree;

(8) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

(9) The curriculum shall encompass a minimum of three academic years of full-

time graduate study for doctoral degree and a minimum of one academic

year of full-time graduate study for master's degree;

(10) The program includes an acceptable residency as defined by the rules of

the commission.

c. Possess a current, full and unrestricted license to practice psychology in a home

state which is a compact state;

d. Have no history of adverse action that violate the rules of the commission;

e. Have no criminal record history reported on an identity history summary that

violates the rules of the commission;

f. Possess a current, active e.passport;

g. Provide attestations in regard to areas of intended practice, conformity with

standards of practice, competence in telepsychology technology; criminal

background; and knowledge and adherence to legal requirements in the home

and receiving states, and provide a release of information to allow for primary

source verification in a manner specified by the commission; and

h. Meet other criteria as defined by the rules of the commission.

3. The home state maintains authority over the license of any psychologist practicing into

a receiving state under the authority to practice interjurisdictional telepsychology.

4. A psychologist practicing into a receiving state under the authority to practice

interjurisdictional telepsychology will be subject to the receiving state's scope of

practice. In accordance with that state's due process law, a receiving state may limit or

revoke a psychologist's authority to practice interjurisdictional telepsychology in the

receiving state and may take any other necessary actions under the receiving state's

applicable law to protect the health and safety of the receiving state's citizens. If a

receiving state takes action, the state promptly shall notify the home state and the

commission.

5. If a psychologist's license in any home state, another compact state, or any authority

to practice interjurisdictional telepsychology in any receiving state, is restricted,

suspended or otherwise limited, the e.passport shall be revoked and therefore the

psychologist shall not be eligible to practice telepsychology in a compact state under

the authority to practice interjurisdictional telepsychology.

ARTICLE V - COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

1. Compact states shall also recognize the right of a psychologist, licensed in a compact

state in conformance with article III, to practice temporarily in other compact states

(distant states) in which the psychologist is not licensed, as provided in the compact.

2. To exercise the temporary authorization to practice under the terms and provisions of

this compact, a psychologist licensed to practice in a compact state must:

a. Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded:

(1) Regionally accredited by an accrediting body recognized by the United

States department of education to grant graduate degrees, or authorized by

provincial statute or royal charter to grant doctoral degrees; or

(2) A foreign college or university deemed to be equivalent to paragraph 1 by a

foreign credential evaluation service that is a member of the national

association of credential evaluation services or by a recognized foreign

credential evaluation service; and

b. Hold a graduate degree in psychology that meets the following criteria:

(1) The program, wherever it may be administratively housed, must be clearly

identified and labeled as a psychology program. Such a program must

specify in pertinent institutional catalogs and brochures its intent to educate

and train professional psychologists;

(2) The psychology program must stand as a recognizable, coherent,

organizational entity within the institution;

(3) There must be a clear authority and primary responsibility for the core and

specialty areas whether or not the program cuts across administrative lines;

(4) The program must consist of an integrated, organized sequence of study;

(5) There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

(6) The designated director of the program must be a psychologist and a

member of the core faculty;

(7) The program must have an identifiable body of students who are

matriculated in that program for a degree;

(8) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

(9) The curriculum shall encompass a minimum of three academic years of full-

time graduate study for doctoral degrees and a minimum of one academic

year of full-time graduate study for master's degree;

(10) The program includes an acceptable residency as defined by the rules of

the commission.

c. Possess a current, full and unrestricted license to practice psychology in a home

state which is a compact state;

d. No history of adverse action that violate the rules of the commission;

e. No criminal record history that violates the rules of the commission;

f. Possess a current, active interjurisdictional practice certificate;

g. Provide attestations in regard to areas of intended practice and work experience

and provide a release of information to allow for primary source verification in a

manner specified by the commission; and

h. Meet other criteria as defined by the rules of the commission.

3. A psychologist practicing into a distant state under the temporary authorization to

practice shall practice within the scope of practice authorized by the distant state.

4. A psychologist practicing into a distant state under the temporary authorization to

practice will be subject to the distant state's authority and law. A distant state may, in

accordance with that state's due process law, limit or revoke a psychologist's

temporary authorization to practice in the distant state and may take any other

necessary actions under the distant state's applicable law to protect the health and

safety of the distant state's citizens. If a distant state takes action, the state promptly

shall notify the home state and the commission.

5. If a psychologist's license in any home state, another compact state, or any temporary

authorization to practice in any distant state, is restricted, suspended, or otherwise

limited, the interjurisdictional practice certificate shall be revoked and therefore the

psychologist shall not be eligible to practice in a compact state under the temporary

authorization to practice.

ARTICLE VI - CONDITIONS OF TELEPSYCHOLOGY PRACTICE

IN A RECEIVING STATE

A psychologist may practice in a receiving state under the authority to practice

interjurisdictional telepsychology only in the performance of the scope of practice for psychology

as assigned by an appropriate state psychology regulatory authority, as defined in the rules of

the commission, and under the following circumstances:

1. The psychologist initiates a client/patient contact in a home state via

telecommunications technologies with a client/patient in a receiving state;

2. Other conditions regarding telepsychology as determined by rules promulgated by the

commission.

ARTICLE VII - ADVERSE ACTIONS

1. A home state shall have the power to impose adverse action against a psychologist's

license issued by the home state. A distant state shall have the power to take adverse

action on a psychologist's temporary authorization to practice within that distant state.

2. A receiving state may take adverse action on a psychologist's authority to practice

interjurisdictional telepsychology within that receiving state. A home state may take

adverse action against a psychologist based on an adverse action taken by a distant

state regarding temporary in-person, face-to-face practice.

3. If a home state takes adverse action against a psychologist's license, that

psychologist's authority to practice interjurisdictional telepsychology is terminated and

the e.passport is revoked. Furthermore, that psychologist's temporary authorization to

practice is terminated and the interjurisdictional practice certificate is revoked.

a. All home state disciplinary orders which impose adverse action shall be reported

to the commission in accordance with the rules promulgated by the commission.

A compact state shall report adverse actions in accordance with the rules of the

commission.

b. In the event discipline is reported on a psychologist, the psychologist will not be

eligible for telepsychology or temporary in-person, face-to-face practice in

accordance with the rules of the commission.

c. Other actions may be imposed as determined by the rules promulgated by the

commission.

4. A home state's psychology regulatory authority shall investigate and take appropriate

action with respect to reported inappropriate conduct engaged in by a licensee which

occurred in a receiving state as it would if such conduct had occurred by a licensee

within the home state. In such cases, the home state's law shall control in determining

any adverse action against a psychologist's license.

5. A distant state's psychology regulatory authority shall investigate and take appropriate

action with respect to reported inappropriate conduct engaged in by a psychologist

practicing under temporary authorization practice which occurred in that distant state

as it would if such conduct had occurred by a licensee within the home state. In such

cases, the distant state's law shall control in determining any adverse action against a

psychologist's temporary authorization to practice.

6. Nothing in this compact shall override a compact state's decision that a psychologist's

participation in an alternative program may be used in lieu of adverse action and that

such participation shall remain nonpublic if required by the compact state's law.

Compact states must require psychologists who enter any alternative programs to not

provide telepsychology services under the authority to practice interjurisdictional

telepsychology or provide temporary psychological services under the temporary

authorization to practice in any other compact state during the term of the alternative

program.

7. No other judicial or administrative remedies shall be available to a psychologist in the

event a compact state imposes an adverse action pursuant to this subsection.

ARTICLE VIII - ADDITIONAL AUTHORITIES INVESTED IN

A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY

In addition to any other powers granted under state law, a compact state's psychology

regulatory authority shall have the authority under this compact to:

1. Issue subpoenas, for both hearings and investigations, which require the attendance

and testimony of witnesses and the production of evidence. Subpoenas issued by a

compact state's psychology regulatory authority for the attendance and testimony of

witnesses, and/or the production of evidence from another compact state shall be

enforced in the latter state by any court of competent jurisdiction, according to that

court's practice and procedure in considering subpoenas issued in its own

proceedings. The issuing state psychology regulatory authority shall pay any witness

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

state where the witnesses and/or evidence are located; and

2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's

authority to practice interjurisdictional telepsychology and/or temporary authorization to

practice.

3. During the course of any investigation, a psychologist may not change the

psychologist's home state licensure. A home state psychology regulatory authority is

authorized to complete any pending investigations of a psychologist and to take any

actions appropriate under its law. The home state psychology regulatory authority shall

promptly report the conclusions of such investigations to the commission. Once an

investigation has been completed, and pending the outcome of said investigation, the

psychologist may change his/her home state licensure. The commission promptly shall

notify the new home state of any such decisions as provided in the rules of the

commission. All information provided to the commission or distributed by compact

states pursuant to the psychologist shall be confidential, filed under seal and used for

investigatory or disciplinary matters. The commission may create additional rules for

mandated or discretionary sharing of information by compact states.

ARTICLE IX - COORDINATED LICENSURE INFORMATION SYSTEM

1. The commission shall provide for the development and maintenance of a coordinated

licensure information system (coordinated database) and reporting system containing

licensure and disciplinary action information on all psychologists individuals to whom

this compact is applicable in all compact states as defined by the rules of the

commission.

2. Notwithstanding any other provision of state law to the contrary, a compact state shall

submit a uniform data set to the coordinated database on all licensees as required by

the rules of the commission, including:

a. Identifying information;

b. Licensure data;

c. Significant investigatory information;

d. Adverse actions against a psychologist's license;

e. An indicator that a psychologist's authority to practice interjurisdictional

telepsychology and/or temporary authorization to practice is revoked;

f. Nonconfidential information related to alternative program participation

information;

g. Any denial of application for licensure, and the reasons for such denial; and

h. Other information which may facilitate the administration of this compact, as

determined by the rules of the commission.

3. The coordinated database administrator promptly shall notify all compact states of any

adverse action taken against, or significant investigative information on, any licensee

in a compact state.

4. Compact states reporting information to the coordinated database may designate

information that may not be shared with the public without the express permission of

the compact state reporting the information.

5. Any information submitted to the coordinated database that is subsequently required

to be expunged by the law of the compact state reporting the information shall be

removed from the coordinated database.

ARTICLE X - ESTABLISHMENT OF THE PSYCHOLOGY

INTERJURISDICTIONAL COMPACT COMMISSION

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

psychology interjurisdictional compact commission.

a. The commission is a body politic and an instrumentality of the compact states.

b. Venue is proper and judicial proceedings by or against the commission shall 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. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

a. The commission shall consist of one voting representative appointed by each

compact state who shall serve as that state's commissioner. The state

psychology regulatory authority shall appoint its delegate. This delegate shall be

empowered to act on behalf of the compact state. This delegate shall be limited

to:

(1) Executive director, executive secretary, or similar executive;

(2) Current member of the state psychology regulatory authority of a compact

state; or

(3) Designee empowered with the appropriate delegate authority to act on

behalf of the compact state.

b. Any commissioner may be removed or suspended from office as provided by the

law of the state from which the commissioner is appointed. Any vacancy

occurring in the commission shall be filled in accordance with the laws of the

compact state in which the vacancy exists.

c. Each commissioner shall be entitled to one vote with regard to the promulgation

of rules and creation of bylaws and shall otherwise have an opportunity to

participate in the business and affairs of the commission. A commissioner shall

vote in person or by such other means as provided in the bylaws. The bylaws

may provide for commissioners' participation in meetings by telephone or other

means of communication.

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

meetings shall be held as set forth in the bylaws.

e. All meetings shall be open to the public, and public notice of meetings shall be

given in the same manner as required under the rulemaking provisions in

article XI.

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

must discuss:

(1) Noncompliance of a compact state with its obligations under the 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 against the

commission;

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

estate;

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

(6) Disclosure of trade secrets or commercial or financial information which 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 investigatory records compiled for law enforcement purposes;

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

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

responsibility for investigation or determination of compliance issues

pursuant to the compact; or

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

g. 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 which fully and clearly describe all matters discussed in a

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

person participating in the meeting, and the reasons therefore, including a

description of the views expressed. All documents considered in connection with

an action shall be identified in such minutes. All minutes and documents of a

closed meeting shall remain under seal, subject to release only by a majority vote

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

3. The commission shall, by a majority vote of the commissioners, prescribe bylaws

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

purposes and exercise the powers of the compact, including but not limited to:

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 of such proceedings, and proprietary information, including trade

secrets. The commission may meet in closed session only after a majority of the

commissioners vote to close a meeting to the public in whole or in part. As soon

as practicable, the commission must make public a copy of the vote to close the

meeting revealing the vote of each commissioner 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 law of any compact state, the bylaws shall exclusively

govern the personnel policies and programs of the commission;

f. Promulgating a code of ethics to address permissible and prohibited activities of

commission members and employees;

g. Providing a mechanism for concluding the operations of the commission and the

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

the compact after the payment and/or reserving of all of its debts and obligations;

h. The commission shall publish its bylaws in a convenient form and file a copy

thereof and a copy of any amendment thereto, with the appropriate agency or

officer in each of the compact states;

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

bylaws; and

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

provisions of this compact and the bylaws.

4. The commission shall have the following powers:

a. The authority to promulgate uniform rules to facilitate and coordinate

implementation and administration of this compact. The rule shall have the force

and effect of law and shall be binding in all compact states;

b. To bring and prosecute legal proceedings or actions in the name of the

commission, provided that the standing of any state psychology regulatory

authority or other regulatory body responsible for psychology licensure to sue or

be sued under applicable law shall not be affected;

c. To purchase and maintain insurance and bonds;

d. To borrow, accept, or contract for services of personnel, including, but not limited

to, employees of a compact state;

e. To hire employees, elect or appoint officers, fix compensation, define duties, grant

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

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

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

matters;

f. To accept any and all appropriate donations and grants of money, equipment,

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

provided that at all times the commission shall strive to avoid any appearance of

impropriety and/or conflict of interest;

g. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve or use, any property, real, personal or mixed; provided that at all

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

h. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise

dispose of any property real, personal or mixed;

i. To establish a budget and make expenditures;

j. To borrow money;

k. To appoint committees, including advisory committees comprised of members,

state regulators, state legislators or their representatives, and consumer

representatives, and such other interested persons as may be designated in this

compact and the bylaws;

l. To provide and receive information from, and to cooperate with, law enforcement

agencies;

m. To adopt and use an official seal; and

n. To perform such other functions as may be necessary or appropriate to achieve

the purposes of this compact consistent with the state regulation of psychology

licensure, temporary in-person, face-to-face practice, and telepsychology

practice.

5. The executive board. The elected officers shall serve as the executive board, which

shall have the power to act on behalf of the commission according to the terms of this

compact.

a. The executive board shall be comprised of six members:

(1) Five voting members who are elected from the current membership of the

commission by the commission; and

(2) One ex officio, nonvoting member from the recognized membership

organization composed of state and provincial psychology regulatory

authorities.

b. The ex officio member must have served as staff or member on a state

psychology regulatory authority and will be selected by its respective

organization.

c. The commission may remove any member of the executive board as provided in

bylaws.

d. The executive board shall meet at least annually.

e. The executive board shall have the following duties and responsibilities:

(1) Recommend to the entire commission changes to the rules or bylaws,

changes to this compact legislation, fees paid by compact states such as

annual dues, and any other applicable fees;

(2) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(3) Prepare and recommend the budget;

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

(5) Monitor compact compliance of member states and provide compliance

reports to the commission;

(6) Establish additional committees as necessary; and

(7) Other duties as provided in rules or bylaws.

6. 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, donations,

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

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

compact state or impose fees on other parties 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 shall

be allocated based upon a formula to be determined by the commission which

shall promulgate a rule binding upon all compact states.

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

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

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

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

The receipts and disbursements of the commission shall be subject to the audit

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

and disbursements of funds handled by the commission shall be audited yearly

by a certified or licensed public accountant and the report of the audit shall be

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

7. Qualified immunity, defense, and indemnification.

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

commission shall be 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 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 subdivision

shall be construed to protect any such person from suit and/or liability for any

damage, loss, injury or liability caused by the intentional or willful or wanton

misconduct of that person.

b. The commission shall defend any member, 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 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 shall be construed to prohibit that person from retaining his or

her own counsel; 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, 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 or willful or wanton

misconduct of that person.

ARTICLE XI - RULEMAKING

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

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

binding as of the date specified in each rule or amendment.

2. If a majority of the legislatures of the compact states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact, then such rule

shall have no further force and effect in any compact state.

3. Rules or amendments to the rules shall be adopted at a regular or special meeting of

the commission.

4. Prior to 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 compact states' psychology regulatory authority or the

publication in which each state would otherwise publish proposed rules.

5. The notice of proposed rulemaking shall include:

a. The proposed time, date, and location of the meeting in 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.

6. Prior to adoption of a proposed rule, the commission shall allow persons to submit

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

public.

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

or amendment if a hearing is requested by:

a. At least twenty-five persons who submit comments independently of each other;

b. A governmental subdivision or agency; or

c. A duly appointed person in an association that has having at least twenty-five

members.

8. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing.

a. All persons wishing to be heard at the hearing shall notify the executive director

of the commission or other designated member in writing of their desire to appear

and testify at the hearing not less than five business days before the scheduled

date of the hearing.

b. Hearings shall be conducted in a manner providing each person who wishes to

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

c. No transcript of the hearing is required, unless a written request for a transcript is

made, in which case the person requesting the transcript shall bear the cost of

producing the transcript. A recording may be made in lieu of a transcript under the

same terms and conditions as a transcript. This subsection shall not preclude the

commission from making a transcript or recording of the hearing if it so chooses.

d. Nothing in this section shall 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.

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 members, 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. If no written notice of intent to attend the public hearing by interested parties is

received, the commission may proceed with promulgation of the proposed rule without

a public hearing.

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

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

provided that the usual rulemaking procedures provided in the compact and in this

section shall 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 compact state funds;

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

by federal law or rule; or

d. Protect public health and safety.

13. The commission or an authorized committee of the commission may direct revisions to

a previously adopted rule or amendment for purposes of correcting typographical

errors, errors in format, errors in consistency, or grammatical errors. Public notice of

any revisions shall be posted on the website of the commission. The revision shall be

subject to challenge by any person for a period of thirty days after posting. The

revision may be challenged only on grounds that the revision results in a material

change to a rule. A challenge shall be made in writing, and delivered to the chair of the

commission prior to the end of the notice period. If no challenge is made, the revision

will take effect without further action. If the revision is challenged, the revision may not

take effect without the approval of the commission.

ARTICLE XII - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1. Oversight.

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

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

appropriate to effectuate the compact's purposes and intent. The provisions of

this compact and the rules promulgated hereunder shall have standing as

statutory law.

b. All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a compact state pertaining to the subject matter of

this compact which may affect the powers, responsibilities, or actions of the

commission.

c. The commission shall be entitled to receive service of process in any such

proceeding, and shall have standing to intervene in such a proceeding for all

purposes. Failure to provide service of process to the commission shall render a

judgment or order void as to the commission, this compact or promulgated rules.

2. Default, technical assistance, and termination.

a. If the commission determines that a compact 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 compact states of the

nature of the default, the proposed means of remedying the default, and/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 remedy the default, the defaulting state may be

terminated from the compact upon an affirmative vote of a majority of the

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

shall be terminated on the effective date of termination. A remedy of the default

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

period of default.

c. Termination of membership in the compact shall be imposed only after all other

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

or terminate shall be submitted by the commission to the governor, the majority

and minority leaders of the defaulting state's legislature, and each of the compact

states.

d. A compact state which has been terminated is responsible for all assessments,

obligations, and liabilities incurred through the effective date of termination,

including obligations which extend beyond the effective date of termination.

e. The commission shall not bear any costs incurred by the state which is found to

be in default or which has been terminated from the compact, 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 state of Georgia or the federal district where

the compact has its principal offices. The prevailing member shall be awarded all

costs of such litigation, including reasonable attorney's fees.

3. Dispute resolution.

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

disputes related to the compact which arise among compact states and between

compact and noncompact states.

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

dispute resolution for disputes that arise before the commission.

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 state of Georgia or the federal district where the compact has

its principal offices against a compact state in default to enforce compliance with

the provisions of the compact and its promulgated rules and bylaws. The relief

sought may include both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing member shall be awarded all costs of

such litigation, including reasonable attorney's fees.

c. The remedies herein shall not be the exclusive remedies of the commission. The

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

ARTICLE XIII - DATE OF IMPLEMENTATION OF THE PSYCHOLOGY

INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,

WITHDRAWAL, AND AMENDMENTS

1. The compact shall come into effect on the date on which the compact is enacted into

law in the seventh compact state. The provisions which become effective at that time

shall be limited to the powers granted to the commission relating to assembly and the

promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking

powers necessary to the implementation and administration of the compact.

2. Any state which joins the compact subsequent to the commission's initial adoption of

the rules shall be subject to the rules as they exist on the date on which the compact

becomes law in that state. Any rule which has been previously adopted by the

commission shall have the full force and effect of law on the day the compact becomes

law in that state.

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

same.

a. A compact state's withdrawal shall not take effect until six months after enactment

of the repealing statute.

b. Withdrawal shall not affect the continuing requirement of the withdrawing state's

psychology regulatory authority to comply with the investigative and adverse

action reporting requirements of this act prior to the effective date of withdrawal.

4. Nothing contained in this compact shall be construed to invalidate or prevent any

psychology licensure agreement or other cooperative arrangement between a

compact state and a noncompact state which does not conflict with the provisions of

this compact.

5. This compact may be amended by the compact states. No amendment to this compact

shall become effective and binding upon any compact state until it is enacted into the

law of all compact states.

ARTICLE XIV - CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. If this

compact shall be held contrary to the constitution of any state member thereto, the compact

shall remain in full force and effect as to the remaining compact states.
N.D. Cent. Code § 43-05-05 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-05
43-05-05. Secretary-treasurer - Bond - Allowance
Status: in_force

43-05-05. Secretary-treasurer - Bond - Allowance

The secretary-treasurer of the board must be bonded for the faithful discharge of the duties

of the office in the sum of not less than one thousand dollars. The secretary of the board shall

receive such allowance for clerical and other expenses of the board as determined by the

board.
N.D. Cent. Code § 43-07-09 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-09
43-07-09. Duty of registrar - Expiration of license
Status: in_force

43-07-09. Duty of registrar - Expiration of license

Within fifteen days from the date of application, the registrar may investigate and determine

each applicant's eligibility to act in the capacity of a contractor as provided in section

43-07-04.1, and no license may be issued to such applicant until the registrar receives all

documentation necessary to obtain a license and the appropriate fee. The license issued on an

original application entitles the licensee to act as a contractor within this state, subject to the

limitations of such license, until the expiration of the then current contractor year ending March

first, except that an initial license issued to a licensee in January or February is valid until March

first of the subsequent year.
N.D. Cent. Code § 43-29-15.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-15.1
43-29-15.1. Mental health or substance use disorder - Self-reporting and self-referral to treatment or monitoring program - Confidential records
Status: in_force

43-29-15.1. Mental health or substance use disorder - Self-reporting and self-referral

to treatment or monitoring program - Confidential records.

1. A veterinarian or veterinary technician may voluntarily self-report or self-refer to a

treatment or monitoring program approved or contracted by the board to seek

assistance for a potential or existing impairment due to a mental health or substance

use disorder.

2. A veterinarian or veterinary technician who under this section voluntarily seeks

assistance from a treatment or monitoring program in assessing or treating a potential

or existing impairment will not be reported to the board solely on the basis of self-

reporting or self-referral.

3. The identity of the veterinarian or veterinary technician and findings of the evaluation

only may be reported to the board when:

a. A veterinarian or veterinary technician refuses to undergo an evaluation by the

program;

b. The evaluation reveals evidence of an impairment that could affect the ability of

the veterinarian or veterinary technician to practice, or constitutes a threat to the

safety of a patient or the public; or

c. The veterinarian or veterinary technician refuses to cooperate with a treatment

plan, monitoring and followup, or aftercare directed by the program, including a

recommendation about continuing practice.

4. Participation in the program does not protect a veterinarian or veterinary technician

from disciplinary action resulting from a complaint.

5. A veterinarian or veterinary technician who self-reports or self-refers to the board for a

potential or existing impairment may be referred by the board to a treatment or

monitoring program in a manner prescribed by the board by rule, and subsequent

reporting by the program to the board is at the discretion of and in the manner

prescribed by the board.

6. A veterinarian or veterinary technician who has completed a treatment or monitoring

program and is in full compliance with all parts of the treatment or monitoring plan and

aftercare, may answer in the negative to a question on an application to the board for

licensure or licensure renewal regarding current impairment by the condition for which

the veterinarian or veterinary technician completed treatment. However, any

recurrence of the impairment or the existence of other potential impairments that are

not currently known to the program must be reported on the application.

7. Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all

records related to participation in a treatment or monitoring program established under

this section containing identifying information about a veterinarian or veterinary

technician are confidential and only may be disclosed when:

a. Disclosure is reasonably necessary for the accomplishment of the purposes of

intervention, rehabilitation, referral assistance, or supportive services;

b. Disclosure is required by law in a legal or administrative hearing or requested by

the board for a formal disciplinary action;

c. Disclosure is necessary regarding a veterinarian's or veterinary technician's

noncompliance with the program;

d. A staff member is handling records for administrative purposes as provided under

this section; and

e. A person is participating in treatment or program monitoring, evaluations, or

followup.

8. A person in attendance at any meeting of a treatment or monitoring program is not

required to testify as to the content of any findings, committee discussions, or

proceedings, unless requested by the board for a disciplinary proceeding or regarding

noncompliance with the program.
N.D. Cent. Code § 43-02.2-16 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-16
43-02.2-16. Confidential communications
Status: in_force

43-02.2-16. Confidential communications

Except by permission of the client engaging a licensee under this chapter, or the heirs,

successors, or personal representatives of such client, a licensee or any partner, officer,

shareholder, or employee of a licensee may not voluntarily disclose information communicated

to the licensee by the client relating to and in connection with services rendered to the client by

the licensee. Such information is deemed confidential but this section may not be construed as

prohibiting the disclosure of information required to be disclosed by the standards of the

profession in reporting on the examination of financial statements or as prohibiting disclosures

in court proceedings, in investigations or proceedings under section 43-02.2-09 or 43-02.2-10,

in ethical investigations conducted by private professional organizations, or in the course of

practice reviews, or to other persons active in the organization performing services for that client

on a need-to-know basis or to persons in the entity who need this information for the sole

purpose of assuring quality control.
N.D. Cent. Code § 43-06-09.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-09.1
43-06-09.1. Conviction not bar to licensure or certification - Exceptions
Status: in_force

43-06-09.1. Conviction not bar to licensure or certification - Exceptions

Conviction of an offense does not disqualify a person from licensure or certification under

this chapter unless the board determines that the offense has a direct bearing upon a person's

ability to serve the public as a chiropractor or certified chiropractic clinical assistant, or that,

following conviction of any offense, the person is not sufficiently rehabilitated under section

12.1-33-02.1.
N.D. Cent. Code § 43-23.2-11 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-11
43-23.2-11. Deposits by commission
Status: in_force

43-23.2-11. Deposits by commission

Any sums received by the commission pursuant to any provision of this chapter must be

deposited in a federally insured depository in this state, and credited to the real estate

education, research, and recovery fund, and said sums must be allocated exclusively for the

purposes provided in this chapter.
N.D. Cent. Code § 43-25-02 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-02
43-25-02. Definitions
Status: in_force

43-25-02. Definitions

1. "Board" means the North Dakota board of massage therapy.

2. a. "Massage" means the practice of massage therapy by the manual application of a

system of structured touch to the soft tissues of the human body, including:

(1) Assessment, evaluation, or treatment;

(2) Pressure, friction, stroking, rocking, gliding, kneading, percussion, or

vibration;

(3) Active or passive stretching of the body within the normal anatomical range

of movement;

(4) Use of manual methods or mechanical or electrical devices or tools that

mimic or enhance the action of human touch;

(5) Use of topical applications such as lubricants, scrubs, or herbal

preparations; and

(6) Use of hot or cold applications.

b. Except as provided in this chapter, "massage" does not include diagnosis or other

services that require a license to practice medicine or surgery, osteopathic

medicine, chiropractic, occupational therapy, physical therapy, or podiatry and

does not include service provided by professionals who act under their

state-issued professional license, certification, or registration.

3. "Massage establishment" means any place of business in which massage is practiced.

4. "Massage therapist" means an individual licensed to practice massage.

5. "Remote education" means asynchronous education that is not in person, live, or

presented in real time.
N.D. Cent. Code § 43-23.3-10 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-10
43-23.3-10. Expiration of permit
Status: in_force

43-23.3-10. Expiration of permit

Permits expire biennially on December thirty-first. The expiration date of the permit must

appear on the permit and no other notice of its expiration need be given to the permittee.
N.D. Cent. Code § 43-17-43 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-43
43-17-43. Topical fluoride varnish
Status: in_force

43-17-43. Topical fluoride varnish

A licensee may apply topical fluoride varnish to an individual in accordance with rules

adopted by the board.
N.D. Cent. Code § 43-23.5-24 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-24
43-23.5-24. Penalty
Status: in_force

43-23.5-24. Penalty

Any person who performs appraisal management services without a certificate of

registration as required by this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 43-04-42 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-42
43-04-42. Fees
Status: in_force

43-04-42. Fees

1. The board may charge applicants the following fees:

a. For examination and issuance of a certificate to practice master barbering, one

hundred dollars.

b. For renewal of a master barber's certificate, one hundred dollars.

c. For restoration of an expired master barber's certificate, a twenty dollar penalty

fee in addition to the regular renewal fee.

d. For a permit to operate a barber school or college, an annual fee of one hundred

twenty-five dollars.

e. For issuance of an annual barbershop license, fifty dollars, to be paid by each

shop owner in advance.

f. For issuance of a certificate to an applicant who qualifies under section

43-04-38.1, one hundred seventy-five dollars.

g. For restoration of an expired barbershop license, a twenty dollar penalty fee in

addition to the annual license fee.

h. For renewal of an instructor's license, two hundred fifty dollars.

2. Each application to open or establish a barbershop in this state must be accompanied

by a fee of one hundred dollars to cover expenses of inspection, which must be

retained by the board and deposited as other fees.

3. A duplicate license, certificate, or permit must be issued upon:

a. Filing a statement verified by the oath of the applicant which explains the loss;

b. Submitting a signed photograph of the applicant; and

c. Paying a fee of ten dollars for the issuance of the duplicate.

4. Anyone who becomes a member of the armed forces of the United States in time of

war, while holding a license as a barber or apprentice, and while in good standing as

to payment of fees, may obtain a certificate restoration without payment of the

restoration fee.

5. Each application to open or establish a mobile barbershop must be accompanied by a

fee of one hundred fifty dollars for initial registration. Renewal of a mobile barbershop

certificate must be accompanied by a fee of one hundred dollars.
N.D. Cent. Code § 43-03-02 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-02
43-03-02. Persons exempt from regulations
Status: in_force

43-03-02. Persons exempt from regulations

1. The architect registration provisions of this chapter do not apply to:

a. A person supervising the erection, enlargement, or alteration of a building; or

b. A person preparing plans and specifications or designing, planning, or

administering the construction contracts for the construction, alteration,

remodeling, or repair of:

(1) A private residence;

(2) A building that under applicable building code does not exceed two stories in

height exclusive of a one-story basement, and is:

(a) A garage;

(b) A building not considered to have a primary building code occupancy

classification of assembly group A-1, educational group E, high-hazard

group H, or institutional group I;

(c) A building considered to have a primary building code occupancy

classification of assembly groups A-2, A-3, A-4, or A-5; business

group B; factory industrial group F; mercantile group M; or residential

group R;

(d) A pre-engineered metal building;

(e) A building for the marketing, storage, or processing of farm products;

or

(f) A warehouse;

(3) Rental apartment units that do not exceed three stories in height exclusive

of a one-story basement;

(4) A farm building; or

(5) A building remodeling or an addition or both, which does not change its use

to a primary building code occupancy classification of assembly group A-1,

educational group E, high-hazard group H, or institutional group I.

2. The landscape architect registration provisions of this chapter do not apply to:

a. An architect, a professional engineer, or a land surveyor in the course of

providing professional services for which otherwise licensed or registered;

b. A nursery worker, gardener, landscape designer, or landscape contractor in the

course of preparing planting plans or installing plant material, to the extent these

activities do not impact the public health, safety, or welfare;

c. An individual in the course of planning or otherwise caring for that individual's

property; or

d. An irrigation designer, contractor, or service provider in the course of preparing

irrigation plans or installing, repairing, or maintaining irrigation systems.

3. This chapter does not:

a. Apply to an officer or employee of the United States government while engaged

in governmental work in this state;

b. Curtail or extend the right of any other profession regulated in this state;

c. Prevent the independent employment of a registered professional engineer for

any professional service related solely to civil, structural, mechanical, or electrical

engineering in connection with any building or building project; or

d. Supersede, override, or amend the provisions of chapter 43-19.1 regarding

registration of professional engineers and land surveyors or chapter 43-07

regarding registration of contractors.
N.D. Cent. Code § 43-09-18 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-18
43-09-18. Apprentice
Status: in_force

43-09-18. Apprentice

An individual may serve as an apprentice under a licensed master electrician or power

limited electrician, but a master electrician or power limited electrician may not allow an

apprentice to work on any installation without personal supervision of a licensed electrician.
N.D. Cent. Code § 43-42-03 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-03
43-42-03. Respiratory therapist and polysomnographic technologist licensing - Fees
Status: in_force

43-42-03. Respiratory therapist and polysomnographic technologist licensing - Fees

1. The board shall license as a registered respiratory therapist any applicant whom the

board determines to be qualified to perform the duties of a registered respiratory

therapist. In making this determination, the board shall require evidence that the

applicant has successfully completed a bona fide respiratory care training program

and has passed the registry examination. The board shall establish fees not in excess

of one hundred dollars for the issuance and renewal of a registered respiratory

therapist license.

2. The board shall license as a certified respiratory therapist any applicant whom the

board determines to be qualified to perform the duties of a certified respiratory

therapist. In making this determination, the board shall require evidence that the

applicant has successfully completed a bona fide respiratory care training program

and has passed the certification examination. The board shall establish fees not in

excess of ninety dollars for the issuance and renewal of a certified respiratory therapist

license.

3. The board shall license as a registered polysomnographic technologist any applicant

whom the board determines to be qualified to perform the duties of a registered

polysomnographic technologist. In making this determination, the board shall require

evidence that the applicant has complied with the rules adopted by the board under

section 43-42-04.1. The board shall establish fees not in excess of ninety dollars for

issuance and for renewal of a registered polysomnographic technologist license.

4. The board may assess a late fee not in excess of twenty-five dollars for all license

renewal applications that are postmarked after December thirty-first of the year prior to

the year of renewal.

5. The board shall refuse to license any applicant, shall suspend or revoke any license,

or may fine, require additional education or appropriate treatment for any licensee,

after proper notice and a hearing, if the applicant or licensee:

a. Is not qualified or competent to perform the duties of a registered respiratory

therapist, a certified respiratory therapist, or a registered polysomnographic

technologist.

b. Has attempted to obtain or has obtained licensure under this chapter by fraud or

material misrepresentation.

c. Has been found by the board to have been grossly negligent as a registered

respiratory therapist, certified respiratory therapist, or registered

polysomnographic technologist.

d. Has engaged in conduct as a registered respiratory therapist, certified respiratory

therapist, or registered polysomnographic technologist which is unethical,

unprofessional, or detrimental to the health of the public.

e. Has failed to demonstrate satisfactory completion of such continuing courses of

study in respiratory care as the board may require.

f. Has been convicted or adjudged guilty of an offense, as defined by section

12.1-01-04, determined by the board to have a direct bearing upon that

individual's ability to practice respiratory care or polysomnography and is not

sufficiently rehabilitated as determined by the board in accordance with section

12.1-33-02.1.

g. Is habitually drunk or is addicted to the use of a controlled substance as defined

in chapter 19-03.1.

h. Has been declared mentally incompetent by a court of competent jurisdiction, and

who has not thereafter been lawfully declared competent.

6. The board may impose a fee on any person subject to regulation under this chapter to

reimburse the board for all or part of the costs of administrative actions resulting in

disciplinary action, which are not reversed on appeal, including the amount paid by the

board for services from the office of administrative hearings, attorney's fees, court

costs, witness fees, staff time, and other expenses.

7. Licenses issued under this chapter expire annually, but may be renewed upon

application to the board and payment of the annual renewal fee established by the

board. Licenses which have expired, been suspended, or been revoked may be

renewed or reissued upon satisfaction of any conditions that may be established by

the board, and after payment of a fee established by the board.

8. The board shall require as a condition of renewal and relicensure that the applicant

demonstrate satisfactory completion of continuing courses of study in respiratory care.
N.D. Cent. Code § 43-49-12 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-12
43-49-12. Revocation of licensing
Status: in_force

43-49-12. Revocation of licensing

The board may deny, refuse to renew, revoke, suspend, or place on probation a license

issued under this chapter upon any of the following grounds:

1. Gross malpractice or incompetence in the practice of reflexology.

2. Violation of the provisions under this chapter or the rules adopted by the board.

3. Advertising by means of knowingly false or deceptive statements.

4. Grossly unprofessional or dishonest conduct.

5. Fraud or deceit in admission to the practice of reflexology.
N.D. Cent. Code § 43-19.1-16.2 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-16.2
43-19.1-16.2. Qualifications of land surveyor interns
Status: in_force

43-19.1-16.2. Qualifications of land surveyor interns

The board shall certify as a land surveyor intern an otherwise qualified applicant who has

passed a board-approved written examination on the fundamentals of mathematics and the

basic principles of land surveying and:

1. Has a baccalaureate degree in land surveying from an institution that offers board-

approved accredited programs;

2. Has a baccalaureate degree in a board-approved program other than land surveying

and:

a. Has board-approved educational training in land surveying in connection with the

baccalaureate degree or other program; and

b. Has at least two years of qualifying land surveying experience of a character

satisfactory to the board;

3. Has an associate degree in land surveying from a board-approved program and has at

least two years of qualifying land surveying experience of a character satisfactory to

the board; or

4. Has a certificate in land surveying from an institution that offers a board-approved

program and has at least four years of qualifying land surveying experience of a

character satisfactory to the board.
N.D. Cent. Code § 43-05-16.6 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.6
43-05-16.6. Board immunity and privileged communications
Status: in_force

43-05-16.6. Board immunity and privileged communications

1. No member of the board, its committees, its employees, or its staff is liable for civil

damages or subject to criminal prosecution for any action undertaken or performed

within the scope of the functions of the board when acting without malice or gross

negligence and in the reasonable belief the action was warranted.

2. Every communication, oral or written, made by or on behalf of any person, institution,

agency, or organization to the board or to any person designated by the board to

investigate or otherwise hear matters relating to any disciplinary action, is privileged.

No action or proceeding, civil or criminal, is permitted against any person, institution,

agency, or organization for submitting a report to the board under section 43-05-16.5.

For any report or communication not required by section 43-05-16.5, no action or

proceeding, civil or criminal, is permitted against a person, institution, agency, or

organization, except upon proof that the communication or report was made with

malice.

3. The protections afforded in this section do not prohibit a respondent or a respondent's

legal counsel from exercising the respondent's constitutional right of due process

under the law, or as prohibiting the respondent from normal access to the charges and

evidence filed against the respondent as part of due process under the law.
N.D. Cent. Code § 43-45-07.2 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-07.2
43-45-07.2. Reporting obligations
Status: in_force

43-45-07.2. Reporting obligations

1. A person with knowledge of any conduct constituting grounds for discipline under this

chapter may report the violation to the board.

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

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

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

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

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

disciplinary action.
N.D. Cent. Code § 43-53-08 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-08
43-53-08. License by endorsement
Status: in_force

43-53-08. License by endorsement

The board shall issue a license by examination of credentials to any applicant licensed or

certified as a marriage and family therapist in another state for which the requirements for the

license or certificate are equivalent to or exceed the requirements of this state, provided the

applicant submits an application on forms prescribed by the board and pays the original

licensure fee prescribed by this chapter.
N.D. Cent. Code § 43-10-10.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-10.1
43-10-10.1. Funeral practice - Exceptions
Status: in_force

43-10-10.1. Funeral practice - Exceptions

1. Nothing in this chapter may be construed to prevent a person from doing work within

the standards and ethics of that person's profession and calling, provided that the

person does not represent to the public that the person is engaging in the practice of

funeral service.

2. Nothing in this chapter may be construed to prevent embalming by commissioned

medical officers in the armed forces of the United States or under the United States

public health service while on active duty in a respective service.

3. This chapter does not prevent the transportation of a dead human body in accordance

with other applicable state and federal laws.

4. This chapter does not prohibit ambulance or other emergency transportation of a dead

human body.

5. This chapter does not prohibit members of the clergy from performing funeral and

gravesite or memorial services.

6. This chapter does not prohibit unlicensed individuals, employed by a funeral

establishment, from performing gravesite or memorial services for cremated remains.

7. This chapter does not prohibit individuals licensed in other states, as embalmers or

funeral directors, from assisting funeral practitioners.

8. This chapter does not prohibit individuals employed by a funeral establishment from

performing nonprofessional tasks or activities that do not require independent,

professional judgment under the supervision of an individual licensed to practice

funeral service.
N.D. Cent. Code § 43-04-31.3 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-31.3
43-04-31.3. Temporary barber license - Requirements
Status: in_force

43-04-31.3. Temporary barber license - Requirements

1. An individual who has met the requirements in subsection 2 of section 43-04-32 may

apply for and be issued a temporary barber license, upon payment of the required fee.

2. A license under this section:

a. Is valid for a maximum of three months;

b. Must begin from the verified date of graduation or completion of training; and

c. May be exercised only under the supervision of a licensed barber until results are

available from the next scheduled examination.

3. If the temporary license holder fails the examination, the temporary license holder may

apply for an extension of the individual's license under this chapter, pay the fee, and

register for the next scheduled examination.
N.D. Cent. Code § 43-40.1-04 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-04
43-40.1-04. Compact privilege
Status: in_force

43-40.1-04. Compact privilege

1. To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

a. Hold a license in the home state;

b. Have a valid United States social security number or national practitioner

identification number;

c. Have no encumbrance on any state license;

d. Be eligible for a compact privilege in any member state in accordance with

subsections 4, 6, 7, and 8;

e. Have paid all fines and completed all requirements resulting from any adverse

action against any license or compact privilege, and two years have elapsed from

the date of completing the requirements;

f. Notify the commission that the licensee is seeking the compact privilege within a

remote state;

g. Pay any applicable fee, including any state fee, for the compact privilege;

h. Complete a criminal background check in accordance with subdivision e of

subsection 1 of section 43-40.1-03. The licensee shall be responsible for the

payment of any fee associated with the completion of a criminal background

check;

i. Meet any jurisprudence requirement established by the remote state in which the

licensee is seeking a compact privilege; and

j Report adverse action taken by any nonmember state to the commission within

thirty days from the date the adverse action is taken.

2. The compact privilege is valid until the expiration date of the home state license. The

licensee must comply with the requirements of subsection 1 to maintain the compact

privilege in the remote state.

3. A licensee providing occupational therapy in a remote state under the compact

privilege shall function within the laws and regulations of the remote state.

4. Occupational therapy assistants practicing in a remote state must be supervised by an

occupational therapist licensed or holding a compact privilege in that remote state.

5. A licensee providing occupational therapy in a remote state is subject to that state's

regulatory authority. A remote state may, in accordance with due process and that

state's laws, remove a licensee's compact privilege 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 remote state's citizens. The licensee may be ineligible for a

compact privilege in any state until the specific time for removal has passed and all

fines are paid.

6. If a home state license is encumbered, the licensee loses the compact privilege in any

remote state until:

a. The home state license is no longer encumbered; and

b. Two years have elapsed from the date on which the home state license is no

longer encumbered in accordance with subdivision a.

7. If an encumbered license in the home state is restored to good standing, the licensee

must meet the requirements of subsection 1 to obtain a compact privilege in any

remote state.

8. If a licensee's compact privilege in any remote state is removed, the licensee may lose

the compact privilege in any other remote state until:

a. The specific period of time for which the compact privilege was removed has

ended;

b. All fines have been paid and all conditions have been met;

c. Two years have elapsed from the date of completing the requirements under

subdivisions a and b; and

d. The compact privileges are reinstated by the commission, and the compact data

system is updated to reflect reinstatement.

9. If a licensee's compact privilege in any remote state is removed due to an erroneous

charge, privileges must be restored through the compact data system.

10. If the requirements of subsection 8 have been met, the licensee must meet the

requirements in subsection 1 to obtain a compact privilege in a remote state.
N.D. Cent. Code § 43-40-08 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-08
43-40-08. Requirements for licensure
Status: in_force

43-40-08. Requirements for licensure

An applicant applying for a license as an occupational therapist or as an occupational

therapy assistant shall file a written application provided by the board, demonstrating to the

satisfaction of the board that the applicant:

1. Is competent.

2. Will adhere to the code of ethics adopted by the board.

3. Has successfully completed the academic requirements of an educational program in

occupational therapy recognized by the board.

a. The occupational therapy educational program must be accredited by a national

occupational therapy accrediting agency approved by the board.

b. The occupational therapy assistant educational program must be accredited by a

national occupational therapy accrediting agency approved by the board.

4. Has successfully completed a period of supervised fieldwork experience required by

the accredited educational institution where the applicant met the academic

requirements required by a national occupational therapy accrediting agency approved

by the board.

5. Has passed an examination approved by the board.