N.D. Cent. Code § 43-42-01 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-01
43-42-01. Definitions
Status: in_force

43-42-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the state board of respiratory care.

2. "Bona fide respiratory care training program" means a program of respiratory care

education which is accredited by the commission on accreditation of respiratory care,

or the commission's successor organization.

3. "Certification examination" means the entry level examination for respiratory therapists

administered by the national board for respiratory care or its successor organization.

4. "Certified respiratory therapist" means a person licensed by the board to practice

respiratory care under the direction or supervision of a physician or registered

respiratory therapist.

5. "National board for respiratory care" means the body issuing credentials for the

respiratory care profession, or the board's successor organization.

6. "Polysomnography" means the practice of attending, monitoring, and recording

physiologic data during sleep for the purpose of identifying and assisting in the

treatment of sleep-wake disorders.

7. "Registered polysomnographic technologist" means an individual licensed by the

board to practice polysomnography under supervision as prescribed by the board by

rule.

8. "Registered respiratory therapist" means a person licensed by the board to practice

respiratory care.

9. "Registry examination" means the advanced level examination for respiratory

therapists administered by the national board for respiratory care.

10. "Respiratory care" means the health specialty involving the treatment, management,

control, and care of patients with deficiencies and abnormalities of the

cardiopulmonary systems. Respiratory care is implemented on an order from a

licensed physician, certified nurse practitioner, or physician's assistant and includes

the use of medical gases, air and oxygen administering apparatuses, environmental

control systems, humidification and aerosols, drugs and medications, apparatuses for

cardiorespiratory support and control, postural drainage, chest percussion and

vibration and breathing exercises, pulmonary rehabilitation, assistance with

cardiopulmonary resuscitation, maintenance of natural and artificial airways, and

insertion of artificial airways. The term also includes testing techniques to assist in

diagnosis, monitoring, treatment, and research, including the measurement of

cardiorespiratory volumes, pressures and flows, and the drawing and analyzing of

samples of arterial, capillary, and venous blood.

11. "Respiratory therapist" means a certified respiratory therapist or a registered

respiratory therapist.

12. "Respiratory therapy" means respiratory care.
N.D. Cent. Code § 43-23.3-18 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-18
43-23.3-18. Standards of professional appraisal practice - Exception
Status: in_force

43-23.3-18. Standards of professional appraisal practice - Exception

An apprentice, licensed, or certified appraiser shall comply with the standards of

professional appraisal practice and ethical rules specified by the uniform standards of

professional appraisal practice and all other standards and ethical requirements adopted by the

appraisal standards board of the appraisal foundation, except as authorized under section

43-23.3-18.1.
N.D. Cent. Code § 43-54-05 — ND Code / Title 43 / Chapter 43-54 / Section 43-54-05
43-54-05. Renewal of registration
Status: in_force

43-54-05. Renewal of registration

A registration issued under this chapter expires June thirtieth of each calendar year and

may be renewed upon submission of a renewal fee of fifty dollars and provision of proof of

continuous insurance coverage as required for registration. The application for renewal must be

delivered to the secretary of state before July first of each year. The registrar shall cancel the

registration of an individual who fails to file a timely application for the renewal of registration.

The cancellation must be without notice or opportunity for hearing. An individual whose

registration has been canceled and who desires to reregister must file an initial application, pay

the initial application fee, and provide proof of current errors and omissions insurance. An

individual registered under this chapter may not engage in any activity under this chapter after

June thirtieth of any year unless that individual has a valid registration.
N.D. Cent. Code § 43-17.3-06 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-06
43-17.3-06. Mandated reporting
Status: in_force

43-17.3-06. Mandated reporting

A report by a health professional, including a self-report or self-referral by a licensee to the

physician health program, must be deemed to be a report to the board for the purposes of

mandated reporting of physician impairment.
N.D. Cent. Code § 43-54-03 — ND Code / Title 43 / Chapter 43-54 / Section 43-54-03
43-54-03. Registering of home inspectors
Status: in_force

43-54-03. Registering of home inspectors

An applicant for a registration as a home inspector shall file a written application in the form

prescribed by the registrar. An applicant:

1. Must be at least eighteen years of age;

2. Shall submit proof of satisfactory completion of an examination on home inspection

offered by the American society of home inspectors, the international association of

certified home inspectors, the examination board of professional home inspectors, or

the international code council;

3. Shall submit proof of current errors and omissions insurance coverage in an amount of

one hundred thousand dollars or more covering all home inspection activities; and

4. Shall pay a fee of two hundred dollars.
N.D. Cent. Code § 43-58-11 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-11
43-58-11. Discipline
Status: in_force

43-58-11. Discipline

1. The board may take disciplinary action against a licensee by any of the following

means:

a. Revocation of license;

b. Suspension of license;

c. Probation;

d. Imposition of stipulations, limitations, or conditions relating to the licensee's

practice;

e. Letter of censure;

f. Require the licensee to provide free public or charitable service for a defined

period; and

g. Impose fines, not to exceed five thousand dollars for any single disciplinary

action.

2. The board may impose disciplinary action against a licensee upon any of the following

grounds:

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 about the licensee's skill or the

efficacy of any medicine, treatment, or remedy.

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

bearing upon the licensee's ability to serve the public or any felony. A license may

not be withheld contrary to the provisions of chapter 12.1-33.

d. The use of alcohol or drugs to such a degree as to interfere with the licensee's

ability to safely practice.

e. The presence of a physical or mental disability materially affecting the ability to

perform the duties of the profession in a competent manner.

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

to deceive, defraud, or harm the public.

g. Obtaining any fee by fraud, deceit, or misrepresentation.

h. Aiding or abetting the practice of the profession by an unlicensed, incompetent, or

impaired individual.

i. The violation of any provision of this chapter or the rules of the board, or any

action, stipulation, condition, or agreement imposed by the board or the board's

investigative panels.

j. The practice of the profession under a false or assumed name.

k. The advertising for the practice of the profession in an untrue or deceptive

manner.

l. The representation to a patient that a manifestly incurable condition, sickness,

disease, or injury can be cured.

m. The willful or negligent violation of the confidentiality between licensee and

patient, except as required by law.

n. A finding of negligence in the practice of the profession.

o. A finding of abuse, misconduct, or exploitation related to the licensee's practice of

the profession.

p. A continued pattern of inappropriate care.

q. The imposition by another state or jurisdiction of disciplinary action against a

license or other authorization to practice based upon acts or conduct by the

licensee 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 lack of appropriate documentation in medical records for diagnosis, testing,

and treatment of patients.

s. The representation of oneself to be a physician.

t. The prescription, sale, administration, distribution, or gift of any drug legally

classified as a controlled substance or as an addictive or dangerous drug for

other than medically accepted therapeutic purposes.

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

connected with the performance of the licensee's duties.

v. The prescribing, selling, administering, distributing, or giving to the naturopath or

to the naturopath's spouse or child any drug legally classified as a controlled

substance or recognized as an addictive or dangerous drug.

w. The violation of any state or federal statute or regulation relating to controlled

substances.

x. The failure to furnish the board or the investigative panels or the board's or

investigative panel's investigators or representatives, information legally

requested by the board or the investigative panel.

y. A finding of noncompliance with the physician health program established under
N.D. Cent. Code § 43-58-03 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-03
43-58-03. License required - Title restrictions
Status: in_force

43-58-03. License required - Title restrictions

1. Effective January 1, 2012, a person may not practice naturopathy without a current

naturopathic license issued by the board.

2. A naturopath may use the title "naturopath" or "doctor of naturopathic medicine" and

the abbreviation "N.D." when used to reflect either of these titles. Effective January 1,

2012, a person that uses these terms or initials as identification without having

received a naturopathic license under this chapter is engaging in the practice of

naturopathy without a license.
N.D. Cent. Code § 43-10-22.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-22.1
43-10-22.1. Display of license
Status: in_force

43-10-22.1. Display of license

The funeral establishment license issued by the board to a funeral establishment must be

conspicuously displayed at the funeral establishment for which the license was issued.
N.D. Cent. Code § 43-04-30 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-30
43-04-30. Barber - Certificate of registration required - Rules
Status: in_force

43-04-30. Barber - Certificate of registration required - Rules

1. An individual may not practice barbering within this state unless the individual is

licensed and registered as:

a. A barber;

b. A restricted barber;

c. A retired barber; or

d. A temporary barber.

2. The board shall adopt rules regulating licensing, including procedures, requirements,

and fees.
N.D. Cent. Code § 43-48-13 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-13
43-48-13. Issuance of license
Status: in_force

43-48-13. Issuance of license

The board shall issue a license to any person who meets the requirements of this chapter

upon application therefor and payment of the license fee established by the board.
N.D. Cent. Code § 43-36-11 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-11
43-36-11. Registration without examination - Reciprocity
Status: in_force

43-36-11. Registration without examination - Reciprocity

An applicant otherwise qualified must be admitted to registration as a professional soil

classifier without examination upon payment of the required fees if:

1. The applicant is of good character, has been a resident of the state for at least one

year immediately preceding the date of application, was a practicing soil classifier on

July 1, 1973, meets the requirements of this chapter, and has performed work of a

character satisfactory to the board; or

2. The applicant holds a certificate of registration in the practice of soil classifying issued

by another state, the District of Columbia, a Canadian province, or a foreign country, in

which the requirements are substantially similar to those of this state.
N.D. Cent. Code § 43-47-07.1 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-07.1
43-47-07.1. Costs of prosecution - Disciplinary proceedings
Status: in_force

43-47-07.1. Costs of prosecution - Disciplinary proceedings

The board may impose a fee against 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, 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.
N.D. Cent. Code § 43-28-02 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-02
43-28-02. Exceptions
Status: in_force

43-28-02. Exceptions

The provisions of this chapter do not apply:

1. To the filling of written prescriptions of a licensed and registered dentist by any person

for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or

appliances, to be used or worn as substitutes for natural teeth, provided, that such

person or legal entity may not solicit or advertise, directly or indirectly, by mail, card,

newspaper, pamphlet, radio, television, or otherwise to the general public to construct,

reproduce, repair prosthetic dentures, bridges, plates, or other appliances to be used

or worn as substitutes for natural teeth.

2. To a student enrolled in and regularly attending any dental college, dental hygiene, or

dental assisting program recognized as such by the board, if the student's acts are

done in the dental college, dental hygiene, or dental assisting program and under the

direct supervision of the student's instructor; or to a student who is in training in any

dental program recognized as such by the board and who is continuing the student's

training and performing the duties of an extern under the supervision of a dentist who

has received approval to supervise an externship by the appropriate accrediting

committee, including the board.

3. To a legally qualified and licensed physician, surgeon, or other practitioner authorized

by law, who in emergency cases performs any act within the scope of the practice of

dentistry.

4. To a duly licensed and registered dentist of another state temporarily operating in this

state as a clinician, lecturer, or attendant of an educational program under the

auspices of a dental college, a reputable dental society, dental hygienist society, or

dental assistant society.

5. To the practice of dentistry in the discharge of their official duties by graduate dentists

or dental surgeons in the United States army, navy, air force, public health service,

coast guard, veterans' bureau, or director of the dental division of the department of

health and human services.

6. To a registered nurse, licensed practical nurse, dental hygienist, or dental assistant

who is applying topical fluoride varnish to an individual and is acting under the direct or

general supervision of a physician or licensed dentist if the registered nurse, licensed

practical nurse, dental hygienist, or dental assistant has successfully completed a

training program approved by the board.

7. To an advanced practice registered nurse licensed under chapter 43-12.1 who is

applying topical fluoride varnish to an individual and is acting within the scope of

practice of the advanced practice registered nurse and has successfully completed a

training program approved by the board.

8. To registered dental hygienists, registered dental assistants, qualified dental

assistants, and dental assistants practicing within the scope of practice and under

supervision as required by chapter 43-20 and by rule.
N.D. Cent. Code § 43-23.3-09 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-09
43-23.3-09. Appraisal experience requirements
Status: in_force

43-23.3-09. Appraisal experience requirements

The board may issue a permit to practice as a licensed, certified residential, or certified

general appraiser to an individual who possesses the minimum experience requirements

established by the board.
N.D. Cent. Code § 43-61-05 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-05
43-61-05. Application for licensure
Status: in_force

43-61-05. Application for licensure

1. An applicant for acupuncture licensure shall file an application on forms provided by

the board showing to the board's satisfaction that the applicant is of good moral

character and satisfied all of the requirements of this chapter and chapter 43-57,

including:

a. Successful completion of an approved acupuncture program;

b. Successful completion of an examination prescribed or endorsed by the board,

such as the national certification commission for acupuncture and oriental

medicine;

c. Physical, mental, and professional capability for the practice of acupuncture in a

manner acceptable to the board; and

d. A history free of any finding by the board, any other state licensure board, or any

court of competent jurisdiction of the commission of any act that would constitute

grounds for disciplinary action under this chapter and chapter 43-57. The board

may modify this restriction for cause.

2. The application must be accompanied by the board-established license fees and

application fees and by the documents, affidavits, and certificates necessary to

establish that the applicant possesses the necessary qualifications.
N.D. Cent. Code § 43-19.1-23 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-23
43-19.1-23. Reissuance of certificates
Status: in_force

43-19.1-23. Reissuance of certificates

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may

be issued subject to the rules of the board. The board may establish a reasonable charge for

such issuance.
N.D. Cent. Code § 43-11-35 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-35
43-11-35. Penalty
Status: in_force

43-11-35. Penalty

Any individual who without a license as required under this chapter willfully practices any of

the occupations, maintains a school, or acts or advertises in any capacity violates this chapter

or rule adopted by the board, is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-23-16 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-16
43-23-16. Licensee list
Status: in_force

43-23-16. Licensee list

The executive director shall maintain a list online of the names and addresses of all

licensees licensed by the board under the provisions of this chapter, together with such other

information relative to the enforcement of the provisions of this chapter as the board may deem

of interest to the public.
N.D. Cent. Code § 43-09-15.1 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-15.1
43-09-15.1. Education
Status: in_force

43-09-15.1. Education

An applicant for renewal of an electrician's license pursuant to section 43-09-15 must have

successfully completed at least eight hours each biennium, of education relating to the

standards set forth in section 43-09-21 or as otherwise prescribed by the board. The board may

not require more than sixteen hours of continuing education in each biennium. The board shall

conduct education sessions each year at not fewer than six locations throughout the state.

Attendance at such sessions, or attendance at other education sessions certified by the board

as approved, fulfills the educational requirements of this section. The board may charge a fee

for attendance at the education sessions at an amount to be determined by the board, but not to

exceed ten dollars per attendee for each session. The board may expend funds to educate and

encourage potential electricians into the trade.
N.D. Cent. Code § 43-66-03 — ND Code / Title 43 / Chapter 43-66 / Section 43-66-03
43-66-03. Certification
Status: in_force

43-66-03. Certification

1. The department shall establish and implement a method for certifying community

health workers, including:

a. Community health representatives; and

b. Other qualified individuals.

2. In implementing this section, the department may:

a. Adopt rules;

b. Charge a fee for certification and recertification;

c. Contract with a third party; and

d. Require an applicant to meet education and experience requirements.
N.D. Cent. Code § 43-29-08.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-08.1
43-29-08.1. Veterinary technician - Renewal of license - Continuing education requirements
Status: in_force

43-29-08.1. Veterinary technician - Renewal of license - Continuing education

requirements.

1. A veterinary technician license expires annually on December thirty-first.

2. A veterinary technician license may be renewed by submission of the following to the

board, no later than December thirty-first:

a. A complete renewal application;

b. Payment of a renewal fee established by the board; and

c. Proof of completion of board required continuing education.

3. An individual who neglects or willfully fails to renew a license and practices veterinary

technology after the expiration of the license, is practicing veterinary technology in

violation of this chapter.

4. An individual may renew an expired license within five years of the date of its

expiration by completing an application for renewal, paying the current renewal fee

plus all delinquent renewal fees, and completing all required continuing education.

After five years have elapsed since the date of expiration, a license may not be

renewed, but the holder may apply for a new license.

5. The board may refuse to renew or may suspend, revoke, or place on probationary

status any license issued under this chapter upon proof the veterinary technician has

failed to meet the applicable continuing education requirements.
N.D. Cent. Code § 43-10.1-03.1 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-03.1
43-10.1-03.1. Payments on pre-need funeral contracts to be deposited - Depository shall keep record of deposit - Personal property storage
Status: in_force

43-10.1-03.1. Payments on pre-need funeral contracts to be deposited - Depository

shall keep record of deposit - Personal property storage.

1. If payments are made to a person upon pre-need funeral service contracts, including

irrevocable itemized funeral contracts, one hundred percent of the funds collected

under the contracts for the sale of professional service or personal property to be used

in funeral services and fifty percent of the funds collected under the contracts for the

sale of cemetery merchandise must be deposited in or transferred to a trust company

in this state or to a federally insured bank, credit union, or savings and loan

association in this state, within ten days. The deposit must be placed in a federal

deposit insurance corporation or national credit union administration insured account

or certificate of deposit or negotiable debt obligation of the United States government.

Payments received from the sale of professional service or personal property to be

used in funeral services or cemetery merchandise which cannot or would not be

serviced by a licensed funeral establishment or cemetery association in the area in

which the service or property was sold are specifically included, regardless of whether

the sales might otherwise be considered pre-need funeral service contracts, within the

payments to be deposited under this section. If payments have been made under an

irrevocable itemized funeral contract, the money must be carried in a separate account

or separate certificate of deposit with the names of the depositor or transferor,

cemetery association or licensed funeral establishment, and the person making

payment on behalf of the individual for whose benefit payment is made.

a. The funds may be released or transferred by the bank, credit union, savings and

loan association, or trust company to the depositor upon the death of the

individual for whose benefit the funds were paid. A certified copy of the certificate

of death must be furnished to the bank, credit union, savings and loan

association, or trust company as prima facie evidence of death. The funds may

be released or transferred by the bank, credit union, savings and loan

association, or trust company to the person making the payment, before the

death of the individual for whose benefit the funds are paid, upon a five-day

written notice by registered or certified mail made by the bank, credit union,

savings and loan association, or trust company to the depositor or transferor at

the request of the person making the payment.

b. A purchaser of a pre-need funeral service contract may make a certain amount of

the pre-need funds irrevocable by designating an irrevocable amount to be used

to pay for the funeral of the beneficiary. The irrevocable itemized funeral service

contract to pay for a funeral is recognized as an allowable asset exclusion used

for determining eligibility for medical assistance under section 50-24.1-02.3 at the

time the contract is entered. A purchaser of an irrevocable itemized funeral

contract has forty-five days from entering the contract to cancel the irrevocable

part of the contract by giving notice to the cemetery association or licensed

funeral establishment with which the contract was entered. Any pre-need funeral

service contract held by a cemetery association or a licensed funeral

establishment must be fully transferable to another cemetery association or

funeral establishment licensed under chapter 43-10 or a substantially similar law

of another jurisdiction which agrees to accept the obligations.

2. A bank, credit union, savings and loan association, or trust company receiving such a

deposit or transfer shall keep a complete record of the deposit or transfer, showing the

name of the depositor or transferor, name of the person making payment, name of the

individual for whose benefit payment is made, and any other pertinent information.

3. Any personal property to be used in funeral services or cemetery merchandise which

is sold to a purchaser on the basis it will be identified and marked as belonging to such

purchaser, and stored or warehoused for the purchaser, must be stored or

warehoused at some location within this state.
N.D. Cent. Code § 43-28-03 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-03
43-28-03. State board of dental examiners - Members - Appointment - Terms of office - Oath - Vacancies
Status: in_force

43-28-03. State board of dental examiners - Members - Appointment - Terms of office -

Oath - Vacancies.

1. The state board of dental examiners consists of nine members appointed by the

governor. The membership of the board must include:

a. Six dentist members, at least one of whom is a board-eligible or board-certified

oral and maxillofacial surgeon;

b. One dental hygienist member;

c. One dental assistant member; and

d. One independent consumer member.

2. Appointment to the board is for a term of five years, with terms of office arranged so no

more than two terms expire on March sixteenth of each year. Each member of the

board shall hold office until a successor is appointed and qualified. An individual

appointed to the board qualifies by taking the oath required of civil officers.

3. A member may not serve more than two full and consecutive 5-year appointed terms

of office. An appointment to fill a vacancy occurring for reasons other than the

expiration of a term may be made only for the remainder of the unexpired term, and

does not constitute a full term or apply to term limits.

4. If a member of the board is absent from two consecutive regular meetings, the board

may declare a vacancy to exist.

5. All vacancies on the board must be filled by the governor by appointment.
N.D. Cent. Code § 43-17.5-09 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-09
43-17.5-09. Rulemaking
Status: in_force

43-17.5-09. Rulemaking

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Commission rules become binding as

of the date specified by the commission for each rule.

2. The commission shall promulgate reasonable rules to effectively and efficiently

implement and administer this compact and achieve its purposes. A commission rule is

invalid and without force or effect only if a court of competent jurisdiction holds the rule

is invalid because the commission exercised its rulemaking authority in a manner that

is beyond the scope of the purposes of this compact, or the powers granted

hereunder, or based upon another applicable standard of review.

3. The rules of the commission have the force of law in each participating state, provided

however that where the rules of the commission conflict with the laws of the

participating state that establish the medical services a physician assistant may

perform in the participating state, as held by a court of competent jurisdiction, the rules

of the commission are ineffective in that state to the extent of the conflict.

4. If a majority of the legislatures of the participating states rejects a commission rule, by

enactment of a statute or resolution in the same manner used to adopt this compact

within four years of the date of adoption of the rule, then such rule has no further force

and effect in any participating state or to any state applying to participate in the

compact.

5. Commission rules must be adopted at a regular or special meeting of the commission.

6. Prior to promulgation and adoption of a final rule or rules by the commission, and at

least thirty days in advance of the meeting at which the rule will be considered and

voted upon, the commission shall file a notice of proposed rulemaking:

a. On the website of the commission or other publicly accessible platform;

b. To persons who have requested notice of the commission's notices of proposed

rulemaking; and

c. In such other ways as the commission may by rule specify.

7. The notice of proposed rulemaking must include:

a. The time, date, and location of the public hearing on the proposed rule and the

proposed time, date, and location of the meeting in which the proposed rule will

be considered and voted upon;

b. The text of the proposed rule and the reason for the proposed rule;

c. A request for comments on the proposed rule from any interested person and the

date by which written comments must be received; and

d. The manner in which interested persons may submit notice to the commission of

their intention to attend the public hearing or provide any written comments.

8. Prior to adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which must be made available to the

public.

9. If the hearing is to be held via electronic means, the commission shall publish the

mechanism for access to the electronic hearing.

a. All persons wishing to be heard at the hearing shall as directed in the notice of

proposed rulemaking, not less than five business days before the scheduled date

of the hearing, notify the commission of their desire to appear and testify at the

hearing.

b. Hearings must be conducted in a manner providing each person who wishes to

comment a fair and reasonable opportunity to comment orally or in writing.

c. All hearings must be recorded. A copy of the recording and the written comments,

data, facts, opinions, and arguments received in response to the proposed

rulemaking must be made available to a person upon request.

d. This section may not be construed as requiring a separate hearing on each

proposed rule. Proposed rules may be grouped for the convenience of the

commission at hearings required by this section.

10. Following the public hearing, the commission shall consider all written and oral

comments timely received.

11. The commission shall, by majority vote of all delegates, take final action on the

proposed rule and shall determine the effective date of the rule, if adopted, based on

the rulemaking record and the full text of the rule.

a. If adopted, the rule must be posted on the commission's website.

b. The commission may adopt changes to the proposed rule provided the changes

do not enlarge the original purpose of the proposed rule.

c. The commission shall provide on its website an explanation of the reasons for

substantive changes made to the proposed rule and reasons for substantive

changes not made that were recommended by commenters.

d. The commission shall determine a reasonable effective date for the rule. Except

for an emergency as provided in subsection 12, the effective date of the rule must

be no sooner than thirty days after the commission issued the notice that it

adopted the rule.

12. Upon determination that an emergency exists, the commission may consider and

adopt an emergency rule with twenty-four hours prior notice, without the opportunity

for comment, or hearing, provided that the usual rulemaking procedures provided in

this compact and in this section are retroactively applied to the rule as soon as

reasonably possible, in no event later than ninety days after the effective date of the

rule. For purposes of this subsection, an emergency rule is one that must be adopted

immediately by the commission in order to:

a. Meet an imminent threat to public health, safety, or welfare;

b. Prevent a loss of commission or participating state funds;

c. Meet a deadline for the promulgation of a commission 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 commission rule for purposes of correcting typographical errors,

errors in format, errors in consistency, or grammatical errors. Public notice of any

revisions must be posted on the website of the commission. The revision must be

subject to challenge by any person for a period of thirty days after posting. The

revision may be challenged only on grounds the revision results in a material change

to a rule. A challenge must be made as set forth in the notice of revisions and

delivered to 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.

14. No participating state's rulemaking requirements apply under this compact.
N.D. Cent. Code § 43-10-15.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-15.1
43-10-15.1. Late renewal
Status: in_force

43-10-15.1. Late renewal

A license that has been expired may be renewed at any time within two years after its

expiration on filing an application for renewal on a form prescribed by the board and payment of

the renewal fee in effect on the last regular renewal date. If the license is not renewed within

thirty days after its expiration, the licensee shall pay a late fee determined by the board not to

exceed one hundred fifty dollars. Renewal under this section is effected on the date on which

the application is filed, on the date which the renewal fee is paid, or on the date on which the

late fee, if any, is paid, whichever last occurs. A license that is not renewed within two years

after its expiration may be renewed by filing an application for renewal on a form prescribed by

the board, payment of the late fee, and passing the law and rules examination.
N.D. Cent. Code § 43-06-03 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-03
43-06-03. State board of chiropractic examiners - Members - Appointment - Qualifications
Status: in_force

43-06-03. State board of chiropractic examiners - Members - Appointment -

Qualifications.

1. The state board of chiropractic examiners consists of seven members appointed by

the governor. The members are:

a. Five doctors of chiropractic;

b. One certified chiropractic clinical assistant; and

c. One consumer member.

2. Each doctor of chiropractic appointed must:

a. Have a license to practice chiropractic in North Dakota.

b. Have been a resident of this state and have practiced chiropractic in this state for

at least five consecutive years immediately before appointment to the board.

c. Remain a resident of this state and continue in active practice in this state during

the term of office.

d. Be a licensee in good standing and must not be the subject of a pending

investigation by the board for violations under this chapter.

3. Each certified chiropractic clinical assistant appointed must:

a. Be certified as a chiropractic clinical assistant and meet the requirements of

section 43-06-16.1.

b. Be actively engaged in the practice of a certified chiropractic clinical assistant in

the state for at least one year immediately preceding appointment to the board.

4. Each consumer member appointed:

a. Must be a resident of the state for at least five years immediately preceding

appointment to the board.

b. May not have personal or familial financial relationships to the chiropractic

profession.

c. May not be, and may not be a spouse of, a doctor of chiropractic, certified

chiropractic clinical assistant, or licensed health care professional.

5. An individual appointed to the board as a certified chiropractic clinical assistant may

not participate in any activities related to the clinical examination of chiropractic

licensure applicants.

6. An individual appointed to the board as a consumer may not participate in any

activities related to the clinical examination of chiropractic or certified chiropractic

clinical assistant licensure applicants.
N.D. Cent. Code § 43-11-29 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-29
43-11-29. License renewal - Failure to renew
Status: in_force

43-11-29. License renewal - Failure to renew

1. A license issued by the board expires on December thirty-first. If the application for

renewal is not received on or before the expiration date, the license expires.

2. The board may renew a license if:

a. An application for renewal is submitted as provided by the board;

b. The renewal fee is paid; and

c. Grounds for denial do not exist under section 43-11-31.

3. The holder of an expired license, within one year from and after the date of the

license's expiration, may obtain a reinstatement of the license upon:

a. Payment of the required late fee; and

b. Payment of the current renewal fee.

4. The holder of an expired license, one year after the date of expiration but before five

years, may obtain a reinstatement of the license upon:

a. Payment of the required late fee;

b. Payment of the current renewal fee; and

c. Furnishment to the board of satisfactory proof of passing the North Dakota law,

rules, and regulations examination.

5. The board may not reinstate a license if more than five years has lapsed since the

license expired. If a license has not been renewed within five years, the individual may

reapply for licensure under the requirements of initial licensure as set forth under this

chapter.
N.D. Cent. Code § 43-15-16 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-16
43-15-16. Exception to qualificational requirements
Status: in_force

43-15-16. Exception to qualificational requirements

Any person qualified to take the examination for licensure as a pharmacist in this state

under the law in effect prior to July 1, 1927, who failed to apply for the examination, upon due

proof to the board that the person was so qualified and that the person is a bona fide resident of

this state, may take the examination. Upon passing the examination in a manner satisfactory to

the majority of the board, such person shall be given a license as a licensed pharmacist.
N.D. Cent. Code § 43-20-02 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-02
43-20-02. Dental hygienists - Qualifications - Examinations - Registration and license
Status: repealed

43-20-02. Dental hygienists - Qualifications - Examinations - Registration and license

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-17-09 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-09
43-17-09. Subpoena - How to issue - Fees - Service
Status: repealed

43-17-09. Subpoena - How to issue - Fees - Service

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-11-06 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-06
43-11-06. Compensation of members of board - How paid
Status: in_force

43-11-06. Compensation of members of board - How paid

Each appointed member of the board is entitled to receive compensation in an amount

determined by the board by rule, for services rendered in the performance of the member's

duties under this chapter. Expenses incurred by a board member in the performance of an

official function are payable by the board pursuant to sections 44-08-04 and 54-06-09. The

compensation and expenses of all members of the board must be paid from the license fees

and other sources of income of the board.
N.D. Cent. Code § 43-04-31.1 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-31.1
43-04-31.1. Conviction not bar to certification or permit - Exceptions
Status: in_force

43-04-31.1. Conviction not bar to certification or permit - Exceptions

Conviction of an offense does not disqualify a person from certification or a permit 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 barber, or determines, following conviction of any offense, that the

person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-20-12.1 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-12.1
43-20-12.1. Continuing educational requirement for dental hygienists
Status: repealed

43-20-12.1. Continuing educational requirement for dental hygienists

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-33-10 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-10
43-33-10. Notice to board of place of business - Notice to licensees - How given by board
Status: in_force

43-33-10. Notice to board of place of business - Notice to licensees - How given by

board.

1. A licensee shall notify the board in writing of a regular address of the place or places

where the licensee engages or intends to engage in the fitting or the sale of hearing

instruments.

2. The board shall keep a record of the place of business of licensees.

3. Any notice required to be given by the board to a licensee must be mailed by certified

mail at the address of the last place of business of which the person has notified the

board.

4. The board shall keep a record of the trainees, their place of training, and their

supervisors.
N.D. Cent. Code § 43-20-12.2 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-12.2
43-20-12.2. Notice to board of change of address
Status: in_force

43-20-12.2. Notice to board of change of address

A licensed dental hygienist, registered dental assistant, or qualified dental assistant shall

notify the executive director of the board of dental examiners of any new address within thirty

days of the address change. The notice required under this section must be given by certified

mail, return receipt requested. A licensed dental hygienist, registered dental assistant, or

qualified dental assistant may not practice in this state for more than thirty days after the change

of address without complying with this section.
N.D. Cent. Code § 43-37-11 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-11
43-37-11. Waiver of examination or parts thereon
Status: repealed

43-37-11. Waiver of examination or parts thereon

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-10.1-05 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-05
43-10.1-05. Verification by commissioner
Status: in_force

43-10.1-05. Verification by commissioner

Within ninety days after the filing of a report as required by section 43-10.1-03, the

commissioner shall verify the report by mailing to the banks, credit unions, savings and loan

associations, or trust companies where the report indicates the consideration has been

deposited, a questionnaire which the bank, credit union, savings and loan association, or trust

company is requested to complete and return, verifying the facts stated in the report in regard to

the contract or the deposit of funds. The commissioner shall verify the facts on additional

contracts reported if the commissioner has reason to believe additional verification to be

necessary.
N.D. Cent. Code § 43-11-32 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-32
43-11-32. Hearings
Status: in_force

43-11-32. Hearings

All hearings must be conducted pursuant to chapter 28-32. For purposes of a hearing,

section 28-32-21 applies only to the licensee.
N.D. Cent. Code § 43-05-09 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-09
43-05-09. License to practice podiatry required
Status: in_force

43-05-09. License to practice podiatry required

1. A person may not practice podiatric medicine unless that person first has obtained a

license or permit to do so.

2. A person may not do any of the following unless that person holds a valid license or

permit:

a. Advertise, hold out to the public, or represent in any manner that that person is

authorized to practice podiatric medicine.

b. Use the designation "doctor of podiatric medicine", "podiatrist", "D.P.M.",

"podiatric physician", "chiropodist", "foot specialist", or "foot doctor", or use any

title, degree, letters, symbol, or words that would tend to lead the public to believe

that that person is authorized to practice or assume duties incident to the practice

of podiatric medicine.

3. A license to practice podiatric medicine is effective for one year subject to the terms

and conditions for renewal established by the board.
N.D. Cent. Code § 43-62-17 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-17
43-62-17. Renewal
Status: in_force

43-62-17. Renewal

1. A license issued under this chapter must be renewed before January second every

two years. The license must be renewed upon the payment of a renewal fee if the

licensee is not in violation of this chapter and has complied with any continuing

education requirements adopted by rule of the board.

2. The board shall notify a licensee at least thirty days in advance of the expiration of the

licensee's license. The licensee shall inform the board of any change of the licensee's

address. Each licensee is responsible for renewing the licensee's license before the

expiration date. A license that is not renewed automatically lapses.

3. The board may provide for the late renewal of an automatically lapsed license upon

the payment of a reinstatement fee.
N.D. Cent. Code § 43-05-16 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16
43-05-16. Grounds for disciplinary action
Status: in_force

43-05-16. Grounds for disciplinary action

1. The board may refuse to grant a license or permit or may impose disciplinary action as

described in this chapter against any podiatrist. The following conduct, whether

occurring in this state or elsewhere, is prohibited and is a basis for disciplinary action:

a. Failure to demonstrate the qualification or satisfy the requirements for a license or

permit under this chapter or rules of the board.

b. Obtaining a license or permit by fraud or cheating or attempting to subvert the

licensing or permit examination process, 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 license or permit requirements.

c. Conviction, during the previous five years, of a misdemeanor or felony reasonably

related to the practice of podiatric medicine, or determined by the board to have a

direct bearing upon a person's ability to serve the public as a podiatrist. A license

may not be withheld contrary to chapter 12.1-33.

d. Revocation, suspension, restriction, limitation, or other disciplinary action against

the person's podiatric medical license in another state or jurisdiction, failure to

report to the board that charges regarding the person's license have been

brought in another state or jurisdiction, or failure to report to the board that the

person has been refused a license by another state or jurisdiction.

e. Advertising that is false or misleading, or the making of any false or misleading

statement about the podiatrist's skill, training, experience, or ability or the efficacy

of any treatment or remedy.

f. Violating a rule adopted by the board; an order of the board; any provision of this

chapter; any action, stipulation, condition, or agreement imposed by the board; a

state or federal law that relates to the practice of podiatric medicine; or a state or

federal narcotics or controlled substance law.

g. Engaging in any unethical conduct; conduct likely to deceive, defraud, or harm

the public; demonstrating a willful, careless, or negligent disregard for the health,

welfare, or safety of a patient; or podiatric medical practice that is professionally

incompetent, in that it may create unnecessary danger to any patient's life,

health, or safety regardless of whether an actual injury is proved.

h. Failure to supervise a preceptor or resident.

i. Aiding or abetting an unlicensed, incompetent, or impaired person in the practice

of podiatric medicine.

j. Adjudication by a court of competent jurisdiction as mentally incompetent,

mentally ill, chemically dependent, a person dangerous to the public, or a person

who has a psychopathic personality.

k. Engaging in unprofessional conduct that includes any departure from or the

failure to conform to the minimal standards of acceptable and prevailing podiatric

medical practice.

l. Inability to practice podiatric medicine with reasonable skill and safety to patients

because of physical or mental illness, a substance use disorder, or as a result of

any mental or physical condition or disability.

m. Revealing a privileged communication from or relating to a patient except when

otherwise required or permitted by law.

n. Improper management of medical records.

o. Accepting, paying, or promising to pay a part of a fee in exchange for patient

referrals; obtaining any fee by fraud, deceit, or misrepresentation; or paying or

receiving, directly or indirectly, any fee, commission, rebate, or other

compensation for services not actually or personally rendered, except for the

lawful distribution of compensation or fees within a professional partnership,

corporation, or association.

p. Engaging in abusive or fraudulent billing practices.

q. Habitual use of, or becoming addicted or habituated to, alcohol or drugs.

r. Prescribing, administering, or distributing a drug for other than medically

accepted therapeutic purposes, experimental, or investigative purposes

authorized by a state or federal agency.

s. Engaging in sexual misconduct, sexual abuse, or exploitation with or of a patient;

conduct that may reasonably be interpreted by the patient as sexual; or in verbal

behavior which is seductive or sexually demeaning to a patient.

t. The failure to furnish the board or representatives information legally requested

by the board.

u. A continued pattern of inappropriate care as a podiatrist.

v. The practice of podiatric medicine under a false or assumed name other than a

partnership name containing the names of one or more of the licensed partners.

w. Maintaining a professional office in conjunction or relation with any business not

engaged in the practice of the medical sciences.

x. Treating any disease, sickness, illness, malady, or defect that is outside the

scope of the practice of podiatric medicine.

2. In disciplinary actions alleging a violation of subdivision c or d of subsection 1, a copy

of the judgment or proceeding under the seal of the clerk of court or of the

administrative agency that entered the judgment or proceeding is admissible into

evidence without further authentication and constitutes prima facie evidence of the

contents of that judgment or proceeding.

3. The board shall keep a record of all of its proceedings in the matter of suspending,

revoking, or refusing licenses or permits together with the evidence offered.
N.D. Cent. Code § 43-45-05.2 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-05.2
43-45-05.2. Representation to the public
Status: in_force

43-45-05.2. Representation to the public

1. A person may not represent to the public that the person is an addiction counselor, a

licensed clinical addiction counselor, or a masters addiction counselor or engage in the

practice of addiction counseling in this state unless the person is a licensee.

2. The license issued by the board under the provisions of this chapter must be

prominently displayed at the principal place of business where the licensee practices.
N.D. Cent. Code § 43-25-10 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-10
43-25-10. Disciplinary actions - Complaints
Status: in_force

43-25-10. Disciplinary actions - Complaints

1. The license of a massage therapist may be denied, revoked, suspended, or placed on

probation for any of the following grounds:

a. The licensee is guilty of fraud in the practice of massage or fraud or deceit in

admission to the practice of massage.

b. The licensee has been convicted of an offense determined by the board to have a

direct bearing upon a person's ability to serve the public as a massage therapist,

or, following conviction of any offense, the person is not sufficiently rehabilitated

under section 12.1-33-02.1. The conviction of an offense includes conviction in

any jurisdiction in the United States of any offense, which if committed within this

state would constitute an offense under this state's laws.

c. The licensee is engaged in the practice of massage under a false or assumed

name, or is impersonating another practitioner of a like or different name.

d. The licensee is addicted to the habitual use of intoxicating liquors, or other legal

or illegal drugs, to the extent the licensee is compromised or impaired from

performing the professional duties of a massage therapist or is under the

influence while assessing, treating, or seeing a client.

e. The licensee is guilty of untrue, fraudulent, misleading, or deceptive advertising,

the licensee prescribes medicines, drugs, or the licensee infringes on any other

licensed profession.

f. The licensee is guilty of gross negligence in the practice of massage, or is guilty

of employing, allowing, or permitting any unlicensed person to perform massage

in the licensee's establishment.

g. The licensee or applicant failed to submit to a physical or behavioral health

examination ordered by the board under section 43-25-09.

h. The licensee has violated this chapter or any rule adopted by the board.

2. A licensee who violates this chapter or any rule adopted by the board may be

assessed a civil penalty of up to two hundred dollars.

3. A complaint may be submitted to the board by any person or on its own motion. A

complaint must be signed by the complainant. The president may initiate an

investigation of the complaint and report to the board.

4. Any hearing regarding a disciplinary action or a denial of a license must be held

pursuant to chapter 28-32.
N.D. Cent. Code § 43-36-16 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-16
43-36-16. Examinations
Status: in_force

43-36-16. Examinations

Examinations must be held at such times and places as the board determines.

Examinations required on fundamental soil subjects may be taken at any time prescribed by the

board. The final examinations may not be taken until the applicant has completed a period of

soil classifying experience as provided in this chapter. The passing grade on any examination

may not be less than seventy percent. A candidate failing one examination may apply for

re-examination, which may be granted upon payment of a fee established by the board of not

less than twenty-five nor more than fifty dollars. Any candidate for registration having an

average grade of less than fifty percent may not apply for re-examination for a period of one

year from the date of such examination.
N.D. Cent. Code § 43-34-02 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-02
43-34-02. Composition of the board
Status: in_force

43-34-02. Composition of the board

There is hereby created the state board of examiners for nursing home administrators which

consists of nine members.

1. Two members of the board must be the state health officer and the commissioner of

the department of health and human services or the members' designees.

2. One member of the board must be a physician appointed to the board for a three-year

term by the governor.

3. One member of the board must be a hospital administrator appointed to the board for

a three-year term by the governor.

4. Four members of the board must be licensed nursing home administrators appointed

to the board for three-year terms by the governor.

5. One member of the board must be a nurse appointed to the board for a three-year

term by the governor.

6. Any vacancies occurring in the appointments made by the governor must be filled by

the governor.

7. Appointive members may be removed by the governor for cause after due notice and

hearing.
N.D. Cent. Code § 43-51-11 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-11
43-51-11. Members of military - License renewal
Status: in_force

43-51-11. Members of military - License renewal

1. A board shall adopt rules to provide for or shall grant on a case-by-case basis

exceptions to the board's license renewal requirements in order to address renewal

compliance hardships that may result from:

a. Activation of more than thirty days of a licensee who is a member of the national

guard or a military member.

b. Service in the theater or area of armed conflict by a licensee who is a military

member.

2. For purposes of this section, the term board includes the state board of accountancy,

state electrical board, North Dakota real estate appraiser qualifications and ethics

board, state real estate commission, secretary of state with respect to contractor

licensing, North Dakota board of medicine, and state board of dental examiners.
N.D. Cent. Code § 43-18-24 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-24
43-18-24. Violation of chapter - Penalty
Status: in_force

43-18-24. Violation of chapter - Penalty

Any person that violates the state plumbing code adopted under section 43-18-09; violates

section 43-18-10, 43-18-11, 43-18-11.4, 43-18-17.2, or 43-18-23; or works under the license of

another person in a manner that is in violation of section 43-18-13 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 43-11-02 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-02
43-11-02. Exemptions from provisions of chapter
Status: in_force

43-11-02. Exemptions from provisions of chapter

This chapter does not apply to:

1. Services provided by individuals practicing cosmetology upon members of the

individual's immediate families.

2. Services by nurses, undertakers, and morticians lawfully engaged in the performance

of the usual and ordinary duties of their vocation.

3. Educational activities conducted in connection with any regularly scheduled meeting or

any educational activities of any bona fide association of licensed cosmetologists,

estheticians, advanced estheticians, or manicurists from which the general public is

excluded. For purposes of this subsection, a "bona fide association of cosmetologists"

means any organization whose constitution, bylaws, or membership rules establish

within said organization a class of membership consisting of licensed cosmetologists,

estheticians, advanced estheticians, or manicurists.

4. Services provided by retailers or their sales personnel trained in the demonstration of

cosmetics application if the cosmetics are applied only with disposable applicators that

are discarded after each customer demonstration. The board may adopt rules to

ensure sanitary conditions for services provided under this exemption.

5. Services provided in a licensed hospital, basic care facility, or a nursing home by an

individual practicing cosmetology on a volunteer basis without compensation or by a

facility staff.

6. Advanced esthetic procedures provided by a licensed:

a. Physician or physician assistant practicing under chapter 43-17;

b. Nurse practicing under chapter 43-12.1;

c. Dentist or dental surgeon practicing under chapter 43-28;

d. Optometrist practicing under chapter 43-13; or

e. Chiropractor practicing under chapter 43-06.
N.D. Cent. Code § 43-17-23 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-23
43-17-23. Licenses to be recorded
Status: repealed

43-17-23. Licenses to be recorded

Repealed by S.L. 1983, ch. 479, § 3.
N.D. Cent. Code § 43-62-04 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-04
43-62-04. North Dakota medical imaging and radiation therapy board
Status: in_force

43-62-04. North Dakota medical imaging and radiation therapy board

1. The governor shall appoint a North Dakota medical imaging and radiation therapy

board consisting of nine members including:

a. Five medical imaging or radiation therapy professionals chosen to represent the

areas of radiography, radiation therapy, nuclear medicine technology,

sonography, magnetic resonance imaging, and medical imaging or radiation

therapy education;

b. One radiologist;

c. One medical physicist;

d. One physician from a rural area; and

e. One public member.

2. Each medical imaging or radiation therapy member of the board must:

a. Be a practicing medical imaging or radiation therapy licensee of integrity and

ability.

b. Be a resident of and currently licensed pursuant to subsection 2 of section

43-62-14 in the member's primary modality in this state.

c. Be currently certified by a certification organization in the member's primary

modality.

d. Have been engaged in the active practice of the medical imaging or radiation

therapy profession within this state for a period of at least five years.

3. Each public member of the board must:

a. Be a resident of this state.

b. Be at least twenty-one years of age.

c. Not be affiliated with any group or profession that provides or regulates health

care.

4. The radiologist, medical physicist, and physician members of the board must:

a. Be a practicing radiologist, medical physicist, or physician of integrity and ability.

b. Be a resident of and be licensed to practice as a physician or registered as a

medical physicist in this state.

5. An individual appointed to the board shall qualify by taking the oath required of civil

officers.
N.D. Cent. Code § 43-13-16 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-16
43-13-16. Examination required - When given
Status: in_force

43-13-16. Examination required - When given

Before any person is granted a license to practice optometry in this state, the person must

pass an examination required by the board by rule.
N.D. Cent. Code § 43-39-11 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-11
43-39-11. Penalty
Status: in_force

43-39-11. Penalty

Any person practicing as an athletic trainer without a license as required by this chapter is

guilty of a class B misdemeanor.
N.D. Cent. Code § 43-33-09 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-09
43-33-09. Scope of examination
Status: in_force

43-33-09. Scope of examination

The qualifying examination provided in section 43-33-07 consists of:

1. Tests of knowledge in the following areas pertaining to the fitting and sale of hearing

instruments:

a. Basic physics of sound;

b. The anatomy and physiology of the ear;

c. The function of hearing instruments;

d. Elementary audiology; and

e. Any other requirements established by the board.

2. Practical tests of proficiency in the following techniques pertaining to the fitting of

hearing instruments:

a. Pure tone audiometry, including air conduction testing and bone conduction

testing;

b. Live voice or recorded voice speech audiometry, including speech reception

threshold testing and speech discrimination testing;

c. Masking when indicated;

d. Recording and evaluation of audiograms and speech audiometry to determine

proper selection and adaptation of a hearing instrument;

e. Taking earmold impressions;

f. Hearing instrument modification technique; and

g. Any other requirements established by the board.
N.D. Cent. Code § 43-17.5-01 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-01
43-17.5-01. Purpose
Status: in_force

43-17.5-01. Purpose

1. In order to strengthen access to medical services, and in recognition of the advances

in the delivery of medical services, the participating states of the physician assistant

licensure compact have allied in common purpose to develop a comprehensive

process that complements the existing authority of state licensing boards to license

and discipline physician assistants and seeks to enhance the portability of a license to

practice as a physician assistant while safeguarding the safety of patients.

2. This compact:

a. Allows medical services to be provided by physician assistants, via the mutual

recognition of the licensee's qualifying license by other compact participating

states.

b. Adopts the prevailing standard for physician assistant licensure.

c. Affirms the practice and delivery of medical services by the physician assistant

occurs where the patient is located at the time of the patient encounter, and

therefore requires the physician assistant to be under the jurisdiction of the state

licensing board where the patient is located.

3. State licensing boards that participate in this compact retain the jurisdiction to impose

adverse action against a compact privilege in that state issued to a physician assistant

through the procedures of this compact. The physician assistant licensure compact will

alleviate burdens for military families by allowing active duty military personnel and

their spouses to obtain a compact privilege based on having an unrestricted license in

good standing from a participating state.
N.D. Cent. Code § 43-17-18 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-18
43-17-18. Physician license requirements
Status: in_force

43-17-18. Physician license requirements

1. General. Every applicant for licensure shall file a written application, on forms provided

by the board, showing to the board's satisfaction that the applicant satisfies all of the

requirements of this chapter including:

a. Successful completion of a medical licensure examination satisfactory to the

board;

b. Physical, mental, and professional capability for the practice of medicine in a

manner acceptable to the board; and

c. A history free of any finding by the board, any other state medical licensure

board, or any court of competent jurisdiction, of the commission of any act that

would constitute grounds for disciplinary action under this chapter; the board may

modify this restriction for cause.

2. Graduates of United States and Canadian schools.

a. An applicant who is a graduate of an approved medical or osteopathic school

located in the United States, its possessions, territories, or Canada, shall present

evidence, satisfactory to the board, that the applicant has been awarded a degree

of doctor of medicine or doctor of osteopathy from a medical school located in the

United States, its possessions, territories, or Canada, approved by the board or

by an accrediting body approved by the board at the time the degree was

conferred.

b. An applicant who is a graduate of an approved medical or osteopathic school

located in the United States, its possessions, territories, or Canada, must present

evidence, satisfactory to the board, that the applicant has successfully completed

one year of postgraduate training in the United States or Canada in a program

approved by the board or by an accrediting body approved by the board.

3. Graduates of international schools.

a. An applicant who is a graduate of a medical school not located in the United

States, its possessions, territories, or Canada, shall present evidence,

satisfactory to the board, that the applicant possesses the degree of doctor of

medicine or a board-approved equivalent based on satisfactory completion of

educational programs acceptable to the board. Graduates of osteopathic schools

located outside the United States are not eligible for licensure.

b. An applicant who has graduated from a medical school not located in the United

States, its possessions, territories, or Canada, must present evidence,

satisfactory to the board, that the applicant has successfully completed twenty-

four months of postgraduate training in a program located in the United States, its

possessions, territories, or Canada, and accredited by a national accrediting

organization approved by the board or other graduate training approved in

advance by the board as meeting standards similar to those of a national

accrediting organization. However, if such an applicant has not completed thirty

months of postgraduate training in a program approved by the board or by an

accrediting body approved by the board, but has met all other licensing

requirements and has successfully completed one year of postgraduate training

in the United States or Canada in a program approved by the board, and if the

board finds that the applicant has other professional experience and training that

is substantially equivalent to the last eighteen months of postgraduate training,

then the applicant may be deemed eligible for licensure. The board is granted

broad discretion in determining whether to apply this exception to the normal

licensing requirements. An applicant seeking licensure under this exception must

present evidence satisfactory to the board that:

(1) The applicant is certified by a specialty board recognized by the American

board of medical specialties or by a specialty board recognized by the royal

college of physicians and surgeons of Canada; or

(2) The applicant has passed the special purpose examination developed by

the federation of state medical boards of the United States.

c. The applicant shall present evidence satisfactory to the board that the applicant

has been awarded a certificate by the educational council for foreign medical

graduates. The board may adopt rules establishing specific exceptions to this

requirement.

d. The applicant has a working ability in the English language sufficient to

communicate with patients and physicians and to engage in the practice of

medicine.

4. Uniquely qualified license. The board may issue a medical license to an applicant who

does not meet all the technical eligibility requirements if the board determines the

applicant is uniquely qualified through training or experience or will make a unique or

special contribution to the practice of medicine not readily available to the citizens of

the state. The board shall adopt rules for qualifications and factors to be considered

under this subsection.

5. An applicant may require an interview before the board for such examination into the

applicant's qualifications. The board may adopt rules to issue provisional and

temporary licenses to be in effect in the interval between board meetings.
N.D. Cent. Code § 43-66-02 — ND Code / Title 43 / Chapter 43-66 / Section 43-66-02
43-66-02. Title - Prohibition
Status: in_force

43-66-02. Title - Prohibition

An individual may not use the title "community health worker" unless that individual is

certified as a community health worker under this chapter.
N.D. Cent. Code § 43-52-03 — ND Code / Title 43 / Chapter 43-52 / Section 43-52-03
43-52-03. Exceptions
Status: in_force

43-52-03. Exceptions

This chapter does not prevent or restrict:

1. A nonresident interpreter working in this state not more than nineteen days per year.

2. An interpreter working at a religious activity.

3. An interpreter working as a volunteer without compensation.

4. An interpreter working in an emergency. An emergency is a situation in which the

consumer decides that the length of time needed to obtain a certified interpreter is

likely to cause injury or loss to the consumer.

5. The activities and services of an interpreter intern or student-in-training enrolled in a

program of study in interpreting at an accredited institution of higher learning;

interpreting under the supervision of a certified interpreter as part of a supervised

program; and identified as an interpreter intern or student-in-training.

6. An individual using sign language or a manual communication system as a means of

communication with or on behalf of a family member, a deaf individual, a deaf-blind

individual, a speech-impaired individual, or hard-of-hearing individual who has

specifically requested that use by that individual.

7. A communication made as a reasonable accommodation for the employment of a

deaf, deaf-blind, speech-impaired, or hard-of-hearing individual.

8. A communication with a deaf, deaf-blind, speech-impaired, or hard-of-hearing

individual who could not communicate using American sign language or English-based

sign language.

9. An individual working in an elementary or secondary school who has passed the

educational interpreter performance assessment at a level of 3.5 or higher.

10. An individual who has successfully completed an accredited interpreter training

program from interpreting without certification for a period of up to two years from the

date of completion of the program if, during that period, the individual is mentored by a

trained mentor who is either a certified interpreter or a deaf adult.
N.D. Cent. Code § 43-04-43 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-43
43-04-43. Barbershop - Regulations
Status: in_force

43-04-43. Barbershop - Regulations

No person may use for the purpose of practicing barbering any room or place which also is

used for:

1. Residential purposes; or

2. Any business purpose other than the sale of hair tonics, lotions, creams, cutlery, toilet

articles, cigars, tobacco, candies in original package, and such other commodities as

are used and sold in barbershops,

unless a substantial partition of ceiling height separates the portion used for residential or

business purposes from the room used for barbering. A barbershop may be operated in

conjunction with a beauty shop, shoe shining parlor, or agency for the reception and delivery of

laundry without the separation thereof by a partition of ceiling height.
N.D. Cent. Code § 43-26.1-08 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-08
43-26.1-08. License renewal - Changes
Status: in_force

43-26.1-08. License renewal - Changes

A licensee shall renew the license annually pursuant to board rules. A licensee who fails to

renew the license on or before the expiration date may not practice as a physical therapist or

physical therapist assistant in this state, and may be subject to a late renewal fee. A licensee

shall report to the board a name change and other changes in contact information within thirty

days of the date of change.
N.D. Cent. Code § 43-25-09 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-09
43-25-09. License - Display - Renewal - Renewal fee
Status: in_force

43-25-09. License - Display - Renewal - Renewal fee

1. Each licensee shall display the licensee's original license or license renewal card at

the licensee's place of practice.

2. Except as otherwise provided under this subsection, twenty-four hours of continuing

education, or equivalent college credits, submitted every two years is required for

renewal of the license. Of the twenty-four hours, twelve hours must be classroom,

hands-on hours. For the first renewal after becoming licensed in this state, a minimum

of three hours of the required twenty-four hours must be ethics education. If an

applicant for renewal is in good standing and has been actively practicing massage for

the fifteen years immediately preceding the renewal, six hours of continuing education,

or equivalent college credits, submitted every two years is required for renewal of the

license. If an applicant for renewal is in good standing and has been actively practicing

massage for the twenty-five years immediately preceding the renewal, three hours of

continuing education, or equivalent college credits, submitted every two years is

required for renewal of the license. The board may accept continuing education

attained by remote means. No more than fifty percent of a licensee's renewal hours

may be by remote means. To qualify as continuing education, the remote education

must be board-approved for content and suitability as defined in this chapter.

a. Licensees with odd-numbered licenses shall report required continuing education

on or before February twenty-eighth of each odd-numbered year and pay a

required renewal fee of two hundred dollars or a lesser amount established by the

board.

b. Licensees with even-numbered licenses shall report required continuing

education on or before February twenty-eighth of each even-numbered year and

pay a required renewal fee of two hundred dollars or a lesser amount established

by the board.

c. Licensed individuals during their initial licensure period are not required to report

hours of continuing education. Thereafter, the licensees shall report continuing

education pursuant to subdivisions a and b.

d. The board may grant an individual waiver based on health issues or other good

cause deemed sufficient by the board.

3. If the board reasonably believes a massage therapist or applicant has a physical or

behavioral health condition jeopardizing the health of those who seek massage from

the individual, the board may require the individual to have an appropriate examination

by a qualified examiner approved by the board. Refusal to submit to an examination, if

the refusal is not due to circumstances beyond the licensee's control, constitutes

grounds for discipline under section 43-25-10. If the individual has had or has any

communicable disease deemed sufficient to disqualify the applicant to practice

massage in the state, the board shall deny a license until the individual furnishes due

proof of being physically and mentally competent and sound.

4. A holder of an expired license may within two years from the date of its expiration have

the license renewed upon payment of the required renewal fee. The board may require

a new certificate of physical examination and evidence of completion of any required

continued educational hours.

5. All licenseholders must be designated as licensed massage therapists and may not

use any title or abbreviation without the designation "massage therapist".

6. An applicant with training and credentials outside of the United States shall submit at

the applicant's own expense qualifications, credentials, and work experience to a

credentialing agency approved by the board.

7. Failure to have a review completed by a credentialing agency under subsection 6 and

the massage therapy application procedures indemnified by the board may result in

the board denying the application. The board may accept or refuse any

recommendation made by the credentialing agency.
N.D. Cent. Code § 43-47-06.3 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-06.3
43-47-06.3. Criminal history record checks
Status: in_force

43-47-06.3. Criminal history record checks

The board shall require an applicant for licensure under subsections 2, 3, and 4 of section

43-47-06 and section 43-47-06.1 to submit to a statewide and nationwide criminal history record

check and may require a licensee 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. All costs associated with obtaining a background check are the

responsibility of the applicant or licensee.
N.D. Cent. Code § 43-11-39 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-39
43-11-39. Refusal to allow inspection
Status: in_force

43-11-39. Refusal to allow inspection

Refusal to allow or interference with any inspection by the board or the board's designees is

cause for disciplinary action.
N.D. Cent. Code § 43-15-38.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-38.1
43-15-38.1. Closing a pharmacy
Status: in_force

43-15-38.1. Closing a pharmacy

The permitholder and the pharmacist in charge are jointly responsible to follow the

procedures outlined in the rules for closing a pharmacy.
N.D. Cent. Code § 43-55-08 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-08
43-55-08. Disciplinary actions - Complaints - Adjudicative proceedings - Penalties - Appeals
Status: in_force

43-55-08. Disciplinary actions - Complaints - Adjudicative proceedings - Penalties -

Appeals.

1. The secretary of state may:

a. Deny an application for a professional employer organization license;

b. Suspend a professional employer organization license for a period of not more

than sixty months;

c. Request the attorney general to bring an action in district court to recover

restitution or penalties imposed under this chapter; or

d. Not renew or issue a new professional employer organization license until a

professional employer organization has paid any civil penalty or restitution

imposed under this chapter.

2. Any person acting in the capacity of a professional employer organization without a

license is guilty of a class A misdemeanor. In addition to the license fee due if the

person subsequently applies for a license, the person may be assessed a civil penalty

by the secretary of state, following written notice to the person of an intent to assess

the penalty, in an amount not to exceed three times the amount of the license fee.

3. An individual may file a duly verified complaint with the secretary of state charging that

the professional employer organization is guilty of any of the following:

a. The conviction of the professional employer organization or a controlling person

of the professional employer organization of a crime that relates to the operation

of the professional employer organization or which relates to fraud or deceit or

the ability of the professional employer organization or the controlling person of

the professional employer organization to operate the professional employer

organization;

b. An individual knowingly making a material misrepresentation or providing false or

fraudulent information to the secretary of state or other governmental agency; or

c. A willful violation of this chapter.

4. A complaint must be on a form approved by the secretary of state and must set forth

sufficient facts upon which a reasonable individual could conclude that any of the acts

or omissions in subsection 3 has been committed.

5. The secretary of state shall review a complaint filed under this section. If the secretary

of state determines a complaint provides sufficient facts upon which a reasonable

individual could conclude that one or more of the acts or omissions set forth in

subsection 3 has been committed, the secretary of state may initiate an adjudicative

proceeding under chapter 28-32. If, after an adjudicative proceeding or as part of an

informal disposition under chapter 28-32, the secretary of state determines that the

professional employer organization is guilty of an act or omission charged or if the

licensee admits guilt to an act or omission charged, the secretary of state may:

a. Suspend or revoke the professional employer organization license;

b. Order an administrative penalty of not more than one thousand dollars for each

material violation;

c. Order restitution in an amount not exceeding five thousand dollars;

d. Issue a cease and desist order; or

e. Impose a lesser sanction or remedy.

6. Any act or omission under subsection 3 may also constitute grounds for the attorney

general to bring an action under chapter 51-15 and may subject the professional

employer organization to all provisions, procedures, remedies, and penalties provided

for in chapter 51-15.

7. A professional employer organization aggrieved by a decision of the secretary of state

in denying, revoking, or suspending the professional employer organization license or

ordering restitution or penalties may appeal the decision to the district court of Burleigh

County.

8. A professional employer organization may not obtain a license under any name after

the denial of an application for a license or during the period of a revocation or

suspension. For the purposes of this subsection, a professional employer organization

that has had an application for a license denied or which has had a license revoked or

suspended includes any officer, director, agent, member, or employee of the

professional employer organization.

9. Upon request of the secretary of state or attorney general, a professional employer

organization promptly shall provide an audited financial statement verified by a

certified public accountant licensed to practice in the jurisdiction in which the

accountant is located.
N.D. Cent. Code § 43-12.1-01 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-01
43-12.1-01. Scope
Status: in_force

43-12.1-01. Scope

The practice of nursing is continually evolving and responding to changes within health care

patterns and systems. There are overlapping functions within the practice of nursing and other

providers of health care.
N.D. Cent. Code § 43-44-09 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-09
43-44-09. Waiver of requirements for licensure of dietitians
Status: in_force

43-44-09. Waiver of requirements for licensure of dietitians

Upon application of any person certified by the commission on dietetic registration of the

academy of nutrition and dietetics or its predecessor or successor organization, the board may

waive the examination, education, and experience requirements and grant the applicant a

license if the board determines the requirements for certification are equivalent to the related

requirements for licensure in this chapter.
N.D. Cent. Code § 43-18-06 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-06
43-18-06. Board may hire and fix compensation of employees - Incur necessary expenses
Status: in_force

43-18-06. Board may hire and fix compensation of employees - Incur necessary

expenses.

The board may employ an executive director; inspectors, who must be registered plumbers;

and such administrative staff, as may be necessary. The board shall fix the compensation of

such employees, and may incur such other expenses as may be required. All such salaries and

expenses must be paid only out of such moneys as may be in the state plumbing board fund.

The executive director may serve as the secretary or secretary-treasurer of the board.
N.D. Cent. Code § 43-06-11.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-11.1
43-06-11.1. Criminal history record checks
Status: in_force

43-06-11.1. Criminal history record checks

The board may require any applicant, licensee, or certificate holder under this chapter 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 criminal history record check are the responsibility of the applicant,

licensee, or certificate holder.
N.D. Cent. Code § 43-11-29.2 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-29.2
43-11-29.2. School license renewal - Failure to renew
Status: in_force

43-11-29.2. School license renewal - Failure to renew

1. A school license issued by the board expires annually on December thirty-first. If the

application for renewal is not received on or before the expiration date, the license

expires.

2. The board may renew a license if:

a. An application for renewal is submitted as provided by the board;

b. The renewal fee is paid; and

c. Grounds for denial do not exist under section 43-11-31.

3. A school license not renewed within thirty days of expiration may be cause for

disciplinary action.
N.D. Cent. Code § 43-47-01 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-01
43-47-01. Definitions
Status: in_force

43-47-01. Definitions

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

1. "Board" means the board of counselor examiners.

2. "Counseling" means the application of human development and mental health

principles in a therapeutic process and professional relationship to assist individuals,

couples, families, and groups in achieving more effective emotional, mental, marital,

family, and social or educational development and adjustment. The goals of

professional counseling are to:

a. Facilitate human development and adjustment throughout the lifespan;

b. Prevent, assess, and treat emotional, mental, or behavioral disorder and distress

which interferes with mental health;

c. Conduct assessments for the purpose of establishing treatment goals and

objectives; and

d. Plan, implement, and evaluate treatment plans using professional counseling

strategies and interventions.

3. "Counselor" means a person who has been granted either a professional counselor or

associate professional counselor license by the board.

4. "Licensed associate professional counselor" means a person who has been granted

an associate professional license by the board to offer and conduct counseling under

the supervision of a licensed professional counselor or such other person meeting the

requirements of supervising professional set by the board.

5. "Licensed professional counselor" means a person who is trained in counseling or a

related human service field and has been granted a professional counselor license by

the board.
N.D. Cent. Code § 43-12.1-03 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-03
43-12.1-03. License or registration required - Title - Abbreviation
Status: in_force

43-12.1-03. License or registration required - Title - Abbreviation

Any person who provides nursing care to a resident of this state must hold a current license

or registration issued by the board. It is unlawful for a person to practice nursing, offer to

practice nursing, assist in the practice of nursing, or use any title, abbreviation, or designation to

indicate that the person is practicing nursing or assisting in the practice of nursing in this state

unless that person is currently licensed or registered under this chapter. An advanced practice

registered nurse shall use the abbreviation "APRN" and may use the applicable role designation

of certified nurse practitioner, certified registered nurse anesthetist, certified nurse midwife, or

certified clinical nurse specialist inclusive of population foci. A currently licensed specialty

practice registered nurse shall use the abbreviation "SPRN"; a currently licensed registered

nurse shall use the abbreviation "R.N."; a currently licensed practical nurse shall use the

abbreviation "L.P.N."; and an unlicensed assistive person with current registration may use the

title identified by the employer. A person may not use the title "nurse" or be referred to as a

"nurse" unless the person is currently licensed by the board or exempt under section

43-12.1-04.
N.D. Cent. Code § 43-09-11 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-11
43-09-11. Qualifications
Status: in_force

43-09-11. Qualifications

An applicant for an electrician's license must have the following experience and training:

1. For licensure as a master electrician, an applicant must have completed one year's

experience as a licensed journeyman electrician.

2. For licensure as a journeyman electrician, an applicant must have:

a. Completed eight thousand hours' experience in installing and repairing electrical

wiring, apparatus, and equipment, which experience may not be obtained in less

than three years.

b. Effective for an applicant who registered with the board as an apprentice after

January 31, 2008, completed at least one of the following:

(1) Successfully completed apprenticeship training approved by the board and

completed eight thousand hours' experience in installing and repairing

electrical wiring, apparatus, and equipment.

(2) Successfully completed an appropriate course of study, which may not be

less than two years or the equivalent of two years, at a board-approved

institution of higher education and completed eight thousand hours'

experience in installing and repairing electrical wiring, apparatus, and

equipment. The board may determine equivalent hours of education that

may be applied as a credit against the eight thousand hours' experience

requirement under this paragraph.

3. For licensure as a class B electrician, eighteen months' experience in farmstead or

residential wiring.

4. For licensure as a power limited electrician:

a. Hold a valid board-recognized tradesman certification; or

b. Possess the necessary work experience and training, as approved by the board.
N.D. Cent. Code § 43-23.5-01 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-01
43-23.5-01. Definitions
Status: in_force

43-23.5-01. Definitions

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

1. "Appraisal firm" means any person or entity that exclusively employs persons on an

employer and employee basis for the performance of real estate appraisal services in

the normal course of its business and the real estate appraisal services being

performed are in accordance with the uniform standards of professional appraisal

practices.

2. "Appraisal management company" means, in connection with valuing properties

collateralizing mortgage loans or mortgages incorporated into a securitization, any

external third party that oversees a network or panel of more than fifteen certified or

licensed appraisers in this state or twenty-five or more nationally within a given year,

that is authorized either by a creditor of a consumer credit transaction secured by a

consumer's principal dwelling or by an underwriter or other principal in the secondary

mortgage markets that engages in appraisal management services.

3. "Appraisal management services" means to, directly or indirectly, perform any of the

following functions on behalf of a lender, financial institution, client, or any other person

in conjunction with a consumer credit transaction that is secured by a consumer's

primary dwelling:

a. Administer an appraiser panel.

b. Recruit, retain, or select appraisers.

c. Qualify, verify licensing or certification, and negotiate fees and service level

expectations with persons who are part of an appraiser panel.

d. Contract with appraisers to perform appraisal assignments.

e. Receive an order for an appraisal from one person, and deliver the order for the

appraisal to an appraiser that is part of an appraiser panel for completion.

f. Manage the process of having an appraisal performed, including providing

administrative duties, such as receiving appraisal orders and reports, submitting

completed appraisal reports to creditors and underwriters, collecting fees from

creditors and underwriters for services provided, and reimbursing appraisers for

services performed.

g. Track and determine the status of appraisal orders.

h. Conduct an appraisal review or other quality control of a completed appraisal

prior to the delivery of the appraisal to the person that ordered the appraisal.

i. Provide a completed appraisal performed by an appraiser to one or more clients.

4. "Appraisal review" means the act or process of developing and communicating an

opinion about the quality of another appraiser's work that was performed as part of an

appraisal assignment related to the appraiser's data collection, analysis, opinions,

conclusions, estimate of value, or compliance with the uniform standards of

professional appraisal practice. This term does not include:

a. A general examination for grammatical, typographical, or other similar errors.

b. A general examination for completeness, including regulatory client requirements,

or both, as specified in the agreement process that does not communicate an

opinion.

5. "Appraiser panel" means a network of licensed or certified appraisers who have:

a. Responded to an invitation, request, or solicitation from an appraisal

management company, in any form, to perform appraisals for persons that have

ordered appraisals through the appraisal management company, or to perform

appraisals for the appraisal management company directly, on a periodic basis,

as requested and assigned by the appraisal management company.

b. Been selected and approved by an appraisal management company to perform

appraisals for any client of the appraisal management company that has ordered

an appraisal through the appraisal management company, or to perform

appraisals for the appraisal management company directly, on a periodic basis,

as assigned by the appraisal management company.

6. "Board" means the North Dakota real estate appraiser qualifications and ethics board.

7. "Controlling person" means:

a. An officer, director, or owner of greater than a ten percent interest of a

corporation, partnership, or other business entity seeking to act as an appraisal

management company in this state.

b. An individual employed, appointed, or authorized by an appraisal management

company that has the authority to enter a contractual relationship with other

persons for performance of services requiring registration as an appraisal

management company and has the authority to enter agreements with appraisers

for the performance of appraisals.

c. An individual who possesses, directly or indirectly, the power to direct or cause

the direction of the management or policies of an appraisal management

company.

8. "Federal financial institutions regulatory agencies" includes the board of governors of

the federal reserve system, the federal deposit insurance corporation, the office of the

comptroller of the currency, and the national credit union administration.

9. "Federally regulated appraisal management company" means an appraisal

management company that is owned and controlled by an insured depository

institution, as defined in 12 U.S.C. 1813 and regulated by the office of the comptroller

of the currency, the board of governors of the federal reserve system, or the federal

deposit insurance corporation.

10. "Federally related transaction" means any real estate-related financial transaction

which a federal financial institutions regulatory agency or the resolution trust

corporation engages in, contracts for, or regulates, and requires the services of an

appraiser.

11. "Real estate-related financial transaction" means any transaction involving:

a. The sale, lease, purchase, investment in, or exchange of real property, including

interests in property or the financing thereof.

b. The refinancing of real property or interests in real property.

c. The use of real property or interests in property as security for a loan or

investment, including mortgage-backed securities.
N.D. Cent. Code § 43-04-14 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-14
43-04-14. Reports to board
Status: in_force

43-04-14. Reports to board

Each licensee, from time to time, as required by rule or order of the board, shall make and

file a verified report, on forms prescribed by the board, of all matters on account of which a

record is required to be kept, together with such other information or facts as may be pertinent

and material within the scope of the purpose and intent of this chapter. Such report must cover a

period of time specified in the order.
N.D. Cent. Code § 43-18-14 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-14
43-18-14. Board to keep register of licenses issued
Status: in_force

43-18-14. Board to keep register of licenses issued

The board shall keep a register in which must be entered the names and addresses of all

persons to whom certificates of registration and license are issued under the provisions of this

chapter as master plumbers, and also a register in which must be entered the names and

addresses of all persons to whom certificates of registration and license are issued under the

provisions of this chapter as journeyman plumbers. Such register must be open to the public for

inspection.
N.D. Cent. Code § 43-09-26 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-26
43-09-26. Exemption for coal mines
Status: in_force

43-09-26. Exemption for coal mines

The jurisdiction of the board and other requirements of this chapter do not apply to

installations, wiring, apparatus, or equipment that are part of a coal mine permitted by the public

service commission and are subject to the jurisdiction of the federal mine safety and health

administration.
N.D. Cent. Code § 43-10-21 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-21
43-10-21. Definition
Status: in_force

43-10-21. Definition

As used in sections 43-10-21 through 43-10-24, the term "funeral establishment" means a

place of business situated at a specific street address or location, and used in the care and

preparation for burial, transportation, or other disposition of dead human bodies, or used for the

purpose of conducting funeral services.
N.D. Cent. Code § 43-07-10 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-10
43-07-10. Renewal of license - Grounds for nonrenewal - Time requirements - Invalidity of license for failure to renew
Status: in_force

43-07-10. Renewal of license - Grounds for nonrenewal - Time requirements -

Invalidity of license for failure to renew.

1. Any license issued under this chapter may be renewed for each successive contractor

year by obtaining from the registrar a certificate for the current contractor year. To

obtain a certificate for the current contractor year, the licensee shall file with the

registrar an application that includes a listing of each project, contract, or subcontract

completed by the licensee during the preceding calendar year in this state over the

amount of fifty thousand dollars and the nature of the work of each project, contract, or

subcontract. The registrar, within a reasonable time, shall forward a copy of the list to

the state tax commissioner. The applicant shall include with the application a copy of a

certificate of liability insurance naming the registrar as the certificate holder unless the

registrar has a current valid certificate of insurance on file, and a certification that the

applicant has submitted all payroll taxes, including North Dakota income tax, workforce

safety and insurance premiums, and unemployment insurance premiums due at the

time of renewal, which documents need not be notarized.

2. The registrar may refuse to renew a license if the registrar determines the application

contains false, misleading, or incomplete information or if the contractor's license is not

in good standing for any of the reasons listed in subsection 3 of section 43-07-04. The

registrar shall notify the applicant in writing if the registrar does not grant the license

and shall provide the applicant an opportunity to respond to or cure the defect in the

application for a period of ten days from the date of the written notification. An

applicant aggrieved by a decision of the registrar not to grant the license may appeal

the decision to the district court of the applicant's county of residence or Burleigh

County.

3. The application for a certificate for the current contractor year must be made to the

registrar before March second of each year, except as provided otherwise under this

chapter. At the time of filing the application for a certificate for the current contractor

year, the applicant shall pay to the registrar the renewal fee established in section
N.D. Cent. Code § 43-53-06 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-06
43-53-06. Licenses
Status: in_force

43-53-06. Licenses

1. Each individual desiring to obtain a license as a practicing marriage and family

therapist shall submit an application to the board, upon such form and in such manner

as the board prescribes. An applicant shall furnish evidence that the applicant:

a. Is of good moral character;

b. Has not engaged in any practice or conduct that would be a ground for discipline

under this chapter; and

c. Is qualified for licensure pursuant to the requirements of this chapter.

2. An individual who was actively practicing marriage and family therapy in this state

before January 1, 2008, and whose application is received by the board before

January 1, 2010, may be issued a license by the board if the applicant meets the

qualifications set forth in subdivisions a and b of subsection 1 and provides evidence

to the board that the applicant meets educational and experience qualifications as

follows:

a. An appropriate graduate degree, as defined by the board, from a regionally

accredited institution so recognized at the time of granting such degree.

b. At least five years of clinical experience in the practice of marriage and family

therapy, and membership or certification by an appropriate professional

organization, as defined by the board.

3. An applicant may be issued a license by the board if the applicant meets the

qualifications set forth in subsection 1 and provides satisfactory evidence to the board

that the applicant:

a. Holds a master's degree or a doctoral degree in marriage and family therapy from

a recognized educational institution, or a graduate degree in an allied field from a

recognized educational institution and graduate level coursework which is

equivalent to a master's degree in marriage and family therapy, as determined by

the board.

b. Has successfully completed two calendar years of work experience in marriage

and family therapy under qualified supervision following receipt of a qualifying

degree.

c. Has passed the examination administered or adopted by the board.

4. An applicant may be issued an associate marriage and family therapist license by the

board if the applicant meets the qualifications set forth in subsection 1 and has

provided the board with satisfactory evidence that the applicant meets the

requirements in subdivisions a and c of subsection 3. Associate marriage and family

therapists must practice under the supervision of a board-qualified supervisor and

must obey the same laws and rules as a marriage and family therapist. An associate

marriage and family therapist license lasts for one year and may be renewed for up to

four additional years.

5. The board may adopt rules concerning reinstatement of lapsed licenses, voluntary

termination, or emeritus status.

6. The board may require an applicant for licensure or a licensee to submit to a statewide

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

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

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

licensee.
N.D. Cent. Code § 43-11-27.2 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-27.2
43-11-27.2. Scope of practice - Noninvasive care limitation - Advanced esthetic exception
Status: in_force

43-11-27.2. Scope of practice - Noninvasive care limitation - Advanced esthetic

exception.

1. The practice of cosmetology, manicuring, or esthetics is limited to noninvasive care. A

cosmetologist, manicurist, or esthetician may not alter, cut, puncture, or damage any

living cells whether superficially or through the use of laser, light, or energy.

2. Certain advanced esthetic services, as determined by rules adopted by the board, may

be limited in scope or required to be performed under the supervision or direction of a

physician or physician assistant licensed under chapter 43-17 or an advanced

registered nurse licensed under chapter 43-12.1, who is sufficiently trained or certified

in the procedure being supervised.
N.D. Cent. Code § 43-34-05 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-05
43-34-05. License fees
Status: in_force

43-34-05. License fees

Each individual licensed as a nursing home administrator shall pay a license fee in an

amount to be fixed by the board, which may not exceed two hundred fifty dollars per annum.
N.D. Cent. Code § 43-15-23 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-23
43-15-23. Temporary certificate - How obtained
Status: in_force

43-15-23. Temporary certificate - How obtained

The secretary of the board, or any member thereof, on request by the secretary in writing,

may examine an applicant orally or in writing and issue a temporary certificate to practice

pharmacy in this state. The certificate must authorize such practice and must be valid until the

next meeting of the board. Only one temporary certificate may be issued to the same applicant,

and no temporary certificate may be issued to any person whose application has been acted on

by the board. The applicant for a temporary certificate shall pay to the person making the

examination the same fee as is provided by this chapter for an examination by the board, and

such fees when paid must be for the benefit of the said board and must be delivered to the

secretary by the person making the examination.
N.D. Cent. Code § 43-28-12.1 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-12.1
43-28-12.1. Regional or other states' examination
Status: repealed

43-28-12.1. Regional or other states' examination

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-44-09.2 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-09.2
43-44-09.2. Scope of practice
Status: in_force

43-44-09.2. Scope of practice

1. A licensed registered dietitian and licensed nutritionist shall provide nutrition care

services using systematic, evidence-based, problem-solving methods of the nutrition

care process to think critically and make decisions to address nutrition-related

problems and provide safe, effective, quality nutrition services and medical nutrition

therapy for patients and clients in both clinical and community settings.

2. A licensed registered dietitian or licensed nutritionist may accept or transmit oral,

verbal, delegated, or electronically transmitted orders from the referring provider

consistent with applicable laws and rules, including any protocols established to

implement medical nutrition therapy.

3. A licensed registered dietitian or licensed nutritionist may order patient diets, including

therapeutic diets, in accordance with the provisions of this chapter. Oral therapeutic

diets may be ordered by either a licensed registered dietitian or a licensed nutritionist.

Therapeutic diets include enteral and parenteral nutrition therapy, which consist of

specialized enteral or intravenous solutions and may be ordered only by an individual

licensed under this chapter who also meets one of the following criteria:

a. The individual is a registered dietitian nutritionist registered with the commission

on dietetic registration;

b. The individual is a certified nutrition support clinician certified by the national

board of nutrition support certification; or

c. The individual meets other requirements as determined by the board, consistent

with competencies necessary for evaluating, ordering, and administrating enteral

and parenteral nutrition.

4. This chapter does not limit the ability of any other licensed health care practitioner in

this state to order therapeutic diets if the ordering of therapeutic diets falls within the

scope of the license held by the health care practitioner.

5. A licensed registered dietitian or licensed nutritionist who has met the qualifications

under section 43-44-07 or 43-44-08 may order medical laboratory tests related to

nutritional therapeutic treatments consistent with state law.

6. A licensed registered dietitian or licensed nutritionist may implement prescription drug

dose adjustments for specific disease treatment protocols within the limits of the

licensed registered dietitian's or licensed nutritionist's knowledge, skills, judgment, and

current evidence-informed clinical practice guidelines as indicated in a facility

approved protocol and as approved and delegated by the licensed prescriber. This

subsection does not allow licensees to prescribe or initiate drug treatment. A licensed

registered dietitian and licensed nutritionist may be authorized to prescribe vitamin and

mineral supplements or discontinue unnecessary vitamins and minerals.
N.D. Cent. Code § 43-09-32 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-32
43-09-32. Reporting of accidents
Status: in_force

43-09-32. Reporting of accidents

If an incident occurs involving an elevator or other conveyance which results in death or

bodily injury to any person which requires hospitalization or other treatment by a medical

professional, the owner of the conveyance shall submit to the board a report, on a form

prescribed by the board, within forty-eight hours. The report must include the date, time, and

place of accident.
N.D. Cent. Code § 43-01-16 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-16
43-01-16. Cancellation or denial of certificate - Discipline
Status: in_force

43-01-16. Cancellation or denial of certificate - Discipline

The board, after receiving a written and signed complaint alleging a violation of any ground

for discipline under this section and upon thirty days' notice, may require any person, firm,

corporation, or limited liability company holding a certificate of authority, or any person holding a

certificate as a registered abstracter, to show cause why the same should not be canceled or

other disciplinary measures taken. The board may deny an application for a certificate of

authority or a certificate of registration for any reason that a certificate of authority or a certificate

of registration may be canceled or disciplinary measures taken. A certificate of authority or

certificate of registration may be canceled or disciplinary measures taken, however, only for one

or more of the following reasons:

1. Violation of the provisions of this chapter or the board's administrative rules by the

holder.

2. If the holder thereof has been convicted of an offense determined by the board to have

a direct bearing upon the holder's ability to serve the public as an abstracter, or if,

following conviction of an offense, the board finds the holder is not sufficiently

rehabilitated under section 12.1-33-02.1.

3. A finding by the board that the holder is guilty of habitual carelessness, inattention to

business or unreasonable timeliness of service, or intoxication or the use of drugs to

such an extent as to incapacitate the holder for business, including not preparing an

abstract as requested under section 43-01-15.1.

4. A finding by the board that the holder is guilty of fraudulent practices.

5. A certificate of authority may be canceled, or other disciplinary measures taken, upon

the failure of the holder thereof to provide additional security as provided by section

43-01-12, or upon failure to file an abstracter's liability policy in lieu of any canceled

policy, before such cancellation becomes effective, or a surety bond in place thereof.

The board may inspect an abstracter's records to determine compliance with this chapter or

rules adopted under this chapter. The board may adopt rules under chapter 28-32 addressing

discipline of abstracters, including establishing standards for timeliness of service based on a

presumed standard turnaround time of three weeks or less. If the certificate of authority is held

by a firm, corporation, or limited liability company, the provisions of this section shall be

applicable to the members, officers, or managers thereof. Disciplinary measures that the board

may take include canceling or suspending a certificate of authority or certificate of registration,

requiring additional education, establishing a mentor or monitor, restricting practice parameters,

or imposing a monetary penalty of no greater than five hundred dollars for each violation. In

addition, an individual or organization found in violation of the requirements of this section may

be assessed costs, including attorney's fees, by the board. An entity whose certificate of

authority has been canceled or suspended must surrender all customer abstracts and pending

orders to the board immediately upon being notified of the cancellation or suspension. The

board shall take reasonable measures to contact the customers.
N.D. Cent. Code § 43-19.1-24 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-24
43-19.1-24. Code of ethics
Status: in_force

43-19.1-24. Code of ethics

The board shall cause to have prepared and shall adopt a code of ethics, a copy of which

must be made available to every registrant and applicant for registration under this chapter, and

which must be published in the roster provided under this chapter. Such publication constitutes

due notice to all registrants. The board may revise and amend this code of ethics from time to

time and shall notify each registrant of such revisions or amendments. The code of ethics

applies to all certificate holders, individual and certificate of commercial practice, including

specialists in a particular branch of the engineering or surveying profession.
N.D. Cent. Code § 43-62-07 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-07
43-62-07. Officers of the board
Status: in_force

43-62-07. Officers of the board

The board shall elect a president and vice president from its members and a secretary-

treasurer. The secretary-treasurer need not be a member of the board. The secretary-treasurer

must be the general administrative and prosecuting officer of the board.
N.D. Cent. Code § 43-17-31.2 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-31.2
43-17-31.2. Limitations on disciplinary actions
Status: in_force

43-17-31.2. Limitations on disciplinary actions

The board may not take disciplinary action against a licensee based solely on the licensee

prescribing or dispensing ivermectin for the off-label treatment or prevention of severe acute

respiratory syndrome coronavirus 2 identified as SARS-CoV-2, or any mutation or viral

fragments of SARS-CoV-2. This section does not limit the board from taking a disciplinary action

on another basis, such as unlicensed practice, inappropriate documentation, or substandard

care, or any basis that would in the board's determination harm the patient.
N.D. Cent. Code § 43-20-12.3 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-12.3
43-20-12.3. Supervised administration of local anesthetic - Board rules
Status: in_force

43-20-12.3. Supervised administration of local anesthetic - Board rules

A licensed dentist may delegate to a dental hygienist licensed by the board the

administration of block and infiltration anesthesia to a patient. The dental hygienist administering

local anesthetic under this section must be under the supervision of a dentist, as established by

rule, and the dental hygienist must complete the educational requirements as required by the

commission on dental accreditation and approved by the board. The board shall adopt rules to

implement this section.
N.D. Cent. Code § 43-07-15 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-15
43-07-15. Procedure for revocation or suspension of license - Restitution - Civil penalties - Appeal
Status: in_force

43-07-15. Procedure for revocation or suspension of license - Restitution - Civil

penalties - Appeal.

The registrar shall review each complaint filed under section 43-07-14. If the registrar

determines a written complaint filed under section 43-07-14 provides sufficient facts upon which

a reasonable person could conclude that one or more of the acts or omissions set forth in

section 43-07-14 has been committed, the registrar may initiate an adjudicative proceeding in

accordance with chapter 28-32. If, after an adjudicative proceeding or as part of an informal

disposition under chapter 28-32, the registrar determines the licensee is guilty of an act or

omission charged or if the licensee admits guilt to an act or omission charged, the registrar may

suspend or revoke the contractor's license, order a civil penalty of not more than one thousand

dollars, order restitution in an amount not more than five thousand dollars, or impose some

lesser sanction or remedy. The registrar may suspend the contractor's license for a period of not

more than sixty months. The registrar may not renew, reinstate, or issue a new license until the

licensee has paid any civil penalty or restitution imposed under this section. The registrar may

bring an action in district court to recover restitution or penalties under this section. A contractor

aggrieved by a decision of the registrar in revoking or suspending the contractor's license or

ordering restitution or penalties may appeal the decision to the district court of that person's

county of residence or Burleigh County. Any licensee may not obtain a license under any name

during the period of revocation or suspension. A "licensee" whose license is revoked or

suspended includes any officer, director, agent, member, or employee of the licensee. The

provisions of chapter 28-32 govern any appeal and proceedings under this section.
N.D. Cent. Code § 43-23.1-18 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-18
43-23.1-18. Civil remedy
Status: in_force

43-23.1-18. Civil remedy

1. Every disposition made in violation of any of the provisions of this chapter, or of any

order issued by the commission under any of the provisions of this chapter, is voidable

at the election of the purchaser. The person making such disposition, and every

director, officer, salesperson, or agent of or for such person who has participated or

aided in any way in making such disposition, shall be jointly and severally liable to

such purchaser in any action at law in any court of competent jurisdiction for the

consideration paid for the lot, parcel, unit, or interest, together with interest at the rate

of six percent per year from the date of payment, property taxes and assessments

paid, court costs, and reasonable attorney's fees, less the amount of any income

received from the subdivided lands, upon tender of appropriate instruments of

reconveyance made at any time before the entry of judgment. If the purchaser no

longer owns the lot, parcel, unit, or interest in subdivided lands, that person may

recover the amount that would be recoverable upon a tender of a reconveyance less

the value of the land when disposed of and less interest at the rate of six percent per

year on that amount from the date of disposition.

2. No action may be brought under this section for the recovery of the consideration paid

after five years from the date of such disposition nor more than three years after the

purchaser has received information as to matter or matters upon which the proposed

recovery is based, whichever occurs first.

3. Any stipulation or provision purporting to bind any person acquiring subdivided lands

to waive compliance with this chapter or any rule or regulation or order under it is void.

4. The rights and remedies provided by this chapter are in addition to any and all other

rights and remedies that may exist at law or in equity.
N.D. Cent. Code § 43-28-11.1 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-11.1
43-28-11.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-28-11.1. 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 dentist, or that, following conviction of any offense, the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-29-15 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-15
43-29-15. Complaints - Investigations - Rules
Status: in_force

43-29-15. Complaints - Investigations - Rules

1. An individual may file a written complaint with the board setting forth the specific

charges upon which the complaint is made. Upon receiving a complaint, the board

shall notify the veterinarian or veterinary technician of the complaint and request a

written response from the veterinarian or veterinary technician. The board may adopt

rules establishing a peer review committee for the purpose of investigating complaints

and providing recommendations to the board. A veterinarian or veterinary technician

who is the subject of an investigation by the board shall cooperate fully with the

investigation. Cooperation includes responding fully and promptly to any reasonable

question raised by or on behalf of the board relating to the subject of the investigation

and providing copies of records when reasonably requested by the board. Failure to

cooperate in the investigative process may be grounds for disciplinary action against

the veterinarian or veterinary technician.

2. To pursue the investigation, the board may:

a. Subpoena and examine witnesses, records, medical records, copy, photograph,

or take samples;

b. Require the veterinarian or veterinary technician to give statements under oath;

c. Require the veterinarian or veterinary technician to submit to a physical

examination, chemical dependency evaluation, or psychological examination by a

physician or other qualified evaluation professional selected by the board if there

is reasonable cause to believe the veterinarian or veterinary technician is

impaired as defined by section 43-29-01.1; and

d. Require the veterinarian or veterinary technician to enroll in a treatment or

monitoring program approved by the board if the board determines in good faith

enrollment would be beneficial to the veterinarian or veterinary technician or to

protect the public.

3. After review of the complaint, the response from the veterinarian or veterinary

technician, and information obtained in the investigation, the board shall determine if

there is a reasonable basis to believe the allegations are true and if the allegations

constitute a violation of this chapter or the rules of the board. If the board determines

there is a reasonable basis to believe the allegations are true and the allegations

constitute a violation of this chapter or the rules of the board, the board shall take

appropriate action. If a reasonable basis is not found by the board, the board shall

notify the complaining party and the veterinarian or veterinary technician in writing.

4. Unless the board proceeds with a disciplinary action, the complaint, the response, and

any records received by the board during an investigation of a complaint under this

section are exempt records, as defined in section 44-04-17.1.

5. A veterinarian or veterinary technician shall report in good faith any impaired

veterinarian or impaired veterinary technician as defined by section 43-29-01.1.

6. The board may adopt rules as necessary to carry out this section.
N.D. Cent. Code § 43-09-07 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-07
43-09-07. Expenses of board - How paid
Status: in_force

43-09-07. Expenses of board - How paid

All reasonable and necessary expenses incurred in conducting the business of the board

must be allowed and paid by the board.
N.D. Cent. Code § 43-48-08 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-08
43-48-08. Clinical laboratory scientist or medical technologist or clinical laboratory specialist - Licensure qualifications
Status: in_force

43-48-08. Clinical laboratory scientist or medical technologist or clinical laboratory

specialist - Licensure qualifications.

1. A clinical laboratory scientist or medical technologist has graduated with a bachelor of

science or a bachelor of arts degree in a science-related discipline and has passed a

national certifying examination approved by the board. Upon receipt of documentation

that all necessary educational and experience qualifications for a clinical laboratory

scientist or medical technologist have been met, or upon successful completion of an

examination approved by the board, the board shall issue a clinical laboratory scientist

or medical technologist license to any person meeting the above qualifications.

2. A clinical laboratory scientist or specialist is educated in chemical, physical, or

biological science and performs in a clinical laboratory only functions directly related to

such person's particular specialty. Upon successful completion of an examination

covering only those fields in which an applicant is eligible to be examined, and

documentation of competency by a nationally recognized certifying agency, the board

shall issue a clinical laboratory specialist license to any person meeting the following

minimum qualifications:

a. A baccalaureate or higher degree with a major in one of the chemical, physical, or

biological sciences.

b. Has passed a national certifying examination in a specialty area.

A license issued must be issued as a clinical laboratory specialist followed by

designation of area of specialty.
N.D. Cent. Code § 43-44-19 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-19
43-44-19. Telehealth
Status: in_force

43-44-19. Telehealth

1, The provision of medical nutrition therapy and nutrition care services for the purpose of

treating or managing a disease or medical condition provided by way of telehealth to

an individual in this state is not prohibited under this chapter if:

a. Telehealth is appropriate for the individual receiving the services;

b. The level of care provided meets the required level of care for that individual and:

(1) The level of care complies with applicable regulations and laws;

(2) Personal health information is protected; and

(3) Documentation of nutrition care services are included in the medical records

of the patient.

2. An individual providing services regulated by this chapter via telehealth shall comply

with, and is subject to, all licensing and disciplinary provisions of this chapter.
N.D. Cent. Code § 43-57-11 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-11
43-57-11. Enforcement - Penalty
Status: in_force

43-57-11. Enforcement - Penalty

A person that violates this chapter or chapter 43-59, 43-61, or 43-64 is guilty of a class B

misdemeanor. In addition to the criminal penalties provided under this section, the civil remedy

of injunction is available to restrain and enjoin any violation of this chapter or chapter 43-59,

43-61, or 43-64 without proof of actual damages sustained by any person.
N.D. Cent. Code § 43-17.3-07 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-07
43-17.3-07. Confidentiality of records
Status: in_force

43-17.3-07. Confidentiality of records

1. Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all

physician health program records containing identifying information about a licensee

participant are confidential and may not be disclosed:

a. To any third person, unless disclosure is reasonably necessary for the

accomplishment of the purposes of intervention, rehabilitation, referral

assistance, or support services; or

b. In any legal or administrative proceeding, unless privilege or disclosure is

otherwise required by law, requested by the board for formal disciplinary action,

or regarding participant noncompliance with the program.

2. Except as provided under this section, a staff member handling records for

administrative purposes; a person engaged by the program to perform evaluations,

monitoring, or followup; and a person in attendance at any meeting of a physician

health program or of a committee or designated agency may not be required to testify

as to the content of any findings, committee discussion, or proceedings, unless

requested by the board for a disciplinary proceeding or regarding participant

noncompliance with the program.
N.D. Cent. Code § 43-51-05 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-05
43-51-05. Limited practice without a license
Status: in_force

43-51-05. Limited practice without a license

Upon prior written application to the appropriate board, a foreign practitioner may provide

services in this state which fall within the scope of practice designated by the foreign

practitioner's license and by this title without obtaining a license from the board if the services

are provided for no more than thirty full or partial days per year. The one-year period

commences on the date the written application is approved by the board. An application from a

foreign practitioner under this section must include verified documentation from the appropriate

licensing authority which identifies the requirements for licensure in that jurisdiction and which

confirms that the practitioner is licensed and in good standing in that jurisdiction and any other

information requested by the board. The board may require payment of a fee of twenty-five

dollars or other fee established by the board by administrative rule, not to exceed the higher of

twenty-five dollars or one-tenth of the fee for an annual license from the board, as a condition of

approving an application under this section.
N.D. Cent. Code § 43-23-11 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-11
43-23-11. License refusal, revocation - Hearing - Appeal
Status: repealed

43-23-11. License refusal, revocation - Hearing - Appeal

Repealed by S.L. 1973, ch. 357, § 2.
N.D. Cent. Code § 43-45-07.3 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-07.3
43-45-07.3. Complaints - Investigations
Status: in_force

43-45-07.3. Complaints - Investigations

1. A person may file a written complaint with the board citing specific allegations of

unprofessional conduct by a licensee. The board shall notify the licensee of the

complaint and request a written response from the licensee.

2. The board may investigate a complaint on its own motion, without requiring the identity

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

cause exists for preserving the confidentiality of the complainant.

3. A licensee who is the subject of an investigation by the board shall cooperate fully with

the investigation. Cooperation includes responding fully and promptly to any

reasonable question raised by or on behalf of the board relating to the subject of the

investigation, and providing copies of patient records when reasonably requested by

the board and accompanied by the appropriate release.

4. In order to pursue the investigation, the board may subpoena and examine witnesses

and records, including patient records, and copy, photograph, or take samples. The

board may require the licensee 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 interest of

the public that this evaluation be secured. A written request from the board constitutes

authorization to release information. The patient records released to the board are not

public records.

5. Unless there is a patient release on file allowing the release of information at the public

hearing, all patient records acquired by the board in the board's investigation are

confidential. All board meetings at which patient testimony or records are taken or

reviewed are confidential and closed to the public. If no patient testimony or records

are taken or reviewed, the remainder of the meeting is an open meeting unless a

specific exemption is otherwise applicable.
N.D. Cent. Code § 43-34-03 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-03
43-34-03. Qualifications for licensure
Status: in_force

43-34-03. Qualifications for licensure

The board may issue licenses to qualified individuals entitling the individuals to serve and

practice nursing home administration or otherwise hold themselves out as duly licensed nursing

home administrators, and shall establish qualification criteria for such individuals by rule. An

applicant for a license must meet the conditions and requirements as may be prescribed by the

board by rule.
N.D. Cent. Code § 43-12.1-09 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-09
43-12.1-09. Initial licensure and registration
Status: in_force

43-12.1-09. Initial licensure and registration

1. The board shall license nurses and register unlicensed assistive person applicants.

The board shall adopt and enforce administrative rules establishing qualifications for

initial nursing licensure and unlicensed assistive person registration and for issuing

limited licenses and registrations pursuant to subsection 3.

2. Each applicant who successfully meets the requirements of this section is entitled to

initial licensure or registration as follows:

a. An applicant for licensure by examination to practice as a registered nurse or

licensed practical nurse shall:

(1) Submit a completed application and appropriate fee as established by the

board.

(2) Submit an official transcript that verifies completion of a board-approved

in-state nursing education program that prepares the graduate for the level

of licensure sought; or submit an official transcript that verifies completion of

an out-of-state nursing education program that is approved by the state

board of nursing of the jurisdiction in which the program is headquartered

and that prepares the graduate for the level of licensure sought. The board

shall adopt rules establishing standards for the approval of out-of-state

nursing education programs.

(3) Pass an examination approved by the board.

b. An applicant for licensure by endorsement to practice as a registered nurse or

licensed practical nurse shall:

(1) Submit a completed application and appropriate fee as established by the

board.

(2) Submit an official transcript that verifies completion of a nursing education

program approved by the state board of nursing of the jurisdiction in which

the program is headquartered and preparing the graduate for the level of

licensure sought.

(3) Submit proof of initial licensure by examination with the examination

meeting North Dakota requirements for licensure examinations in effect at

the time the applicant qualified for initial licensure.

(4) Submit evidence of current unencumbered licensure in another state or

jurisdiction or meet continued competency requirements as established by

the board.

(5) Notwithstanding the foregoing requirements of this subdivision, an applicant

for licensure as a licensed practical nurse is not required to meet any

additional academic educational requirements for licensure as a licensed

practical nurse if the applicant has been licensed in another state as a

licensed practical nurse based upon completion of a registered nurse

education program and if the applicant has had at least twenty-four months

of unencumbered practice as a licensed practical nurse in another state

within the four-year period immediately preceding the application.

c. An applicant for licensure as an advanced practice registered nurse shall:

(1) Submit a completed application and appropriate fee as established by the

board.

(2) Submit evidence of appropriate education and current certification in an

advanced nursing role by a national nursing organization meeting criteria as

established by the board. An advanced practice registered nurse applicant

must have a graduate degree with a nursing focus or must have completed

the educational requirements in effect when the applicant was initially

licensed.

(3) Possess or show evidence of application for a current unencumbered

registered nurse license.

d. An applicant for licensure as an advanced practice registered nurse who

completed an advanced nursing education program and was licensed or certified

in advanced practice before December 31, 2015, may apply for and receive an

advanced practice license if that applicant meets the requirements that were in

effect at the time the applicant qualified for initial advanced practice licensure.

e. An applicant for unlicensed assistive person registration shall:

(1) Submit a completed application and the appropriate fee as established by

the board.

(2) Provide verification of appropriate training or evidence of certification or

evaluation in the performance of basic nursing interventions.

f. An applicant for licensure as a specialty practice registered nurse shall:

(1) Submit a completed application and appropriate fee as established by the

board.

(2) Submit evidence of appropriate education and current certification in a

specialty nursing role by a national nursing organization meeting criteria as

established by the board. A specialty practice registered nurse applicant

must have the educational preparation and national certification within a

defined area of nursing practice.

(3) Possess or show evidence of application for a current unencumbered

registered nurse license.

3. For good cause shown, the board may issue a limited license or registration to an

applicant.
N.D. Cent. Code § 43-17-12 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-12
43-17-12. Biennial report
Status: in_force

43-17-12. Biennial report

The board may submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 43-06-14.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-14.1
43-06-14.1. Peer review of services and fees
Status: in_force

43-06-14.1. Peer review of services and fees

1. The board, upon receipt of a complaint, may appoint a peer review committee for the

purpose of investigation of the matter and rendering an opinion thereon.

2. The peer review committee must be appointed by the board and function as its agent

and may consist of different individuals for review of different cases.

3. The peer review committee shall investigate each inquiry submitted by the board. It

shall examine such witnesses, review such patient and business records, and

otherwise take whatever action is necessary to best ascertain the facts. It shall

transmit all information it possesses to the board and shall report its findings to the

board. The board shall furnish copies of the findings to the party making the complaint

and to the chiropractor.

4. The determinations of the peer review committee must be presumed valid and may be

considered as prima facie evidence in any further proceedings by the board.

5. The provision of treatment rendered to a patient by a chiropractor constitutes the

consent of the chiropractor to the submission of all necessary records and other

information concerning the treatment to the board or peer review committee.

6. The board may adopt rules it considers necessary and appropriate to implement the

peer review system and activities established under this chapter.

7. All data and information, including patient records acquired by the board or the peer

review committee, in the exercise of its duties and functions, are confidential and

closed to the public. All board and peer review committee meetings wherein patient

testimony or records are taken or reviewed are confidential and closed to the public.

8. Except a patient, any party, including any governmental agency, making a request

under this section may be charged a fee by the board equal to the administration costs

of performing the review.
N.D. Cent. Code § 43-01-03 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-03
43-01-03. Officers of board - Power to administer oaths
Status: in_force

43-01-03. Officers of board - Power to administer oaths

At the first meeting of the board subsequent to the thirty-first day of March in each

odd-numbered year, the members of the board shall elect a president and secretary-treasurer.

The president must be a member of the board. The secretary-treasurer may not be a member of

the board but must be a practical abstracter engaged in the business of making abstracts of title

to real estate. The president and secretary-treasurer may administer oaths.
N.D. Cent. Code § 43-18-11.2 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-11.2
43-18-11.2. Conviction not bar to licensure - Exceptions
Status: in_force

43-18-11.2. 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 plumber, or that, following conviction of any offense, the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-57-02 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-02
43-57-02. Board - Qualifications - Appointment - Term of office - Compensation
Status: in_force

43-57-02. Board - Qualifications - Appointment - Term of office - Compensation

1. The governor shall appoint the state board of integrative health care, which must

consist of at least five members. Each profession regulated by the board must have

one member on the board representing that profession. In addition, one member must

be a doctor of medicine or osteopathy, one member must be a pharmacist, one

member must be an advanced practice registered nurse, and at least one but no more

than two members must be laypersons. If a doctor of medicine or osteopathy is not

willing and able to serve, the governor may appoint an advanced practice registered

nurse to fill this position. A board member must be a resident of this state. The

professional members must be licensed to practice in this state, except the initial

appointment for a newly regulated profession, who must be eligible for licensure. The

layperson must be at least twenty-one years of age and may not be affiliated with any

organization or profession that represents, provides, or regulates health care.

2. The term of office of each board member is three years with appointments distributed

evenly from year to year. A member may not serve more than two consecutive full

terms.

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

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

opportunity for a hearing.

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

expenses as provided in section 54-06-09 and per diem as must be fixed by the board.

5. Annually, board members shall elect a chairman to preside at meetings of the board

and a vice chairman to preside at meetings of the board in the chairman's absence.
N.D. Cent. Code § 43-17-02 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-02
43-17-02. Persons exempt from the provisions of chapter
Status: in_force

43-17-02. Persons exempt from the provisions of chapter

The provisions of this chapter do not apply to the following:

1. The domestic administration of family remedies.

2. Dentists practicing their profession when properly licensed.

3. Optometrists practicing their profession when properly licensed.

4. The practice of christian science or other religious tenets or religious rules or

ceremonies as a form of religious worship, devotion, or healing, if the person

administering, making use of, assisting in, or prescribing, such religious worship,

devotion, or healing does not prescribe or administer drugs or medicines and does not

perform surgical or physical operations, and if the person does not hold out to be a

physician or surgeon.

5. Commissioned medical officers of the armed forces of the United States, the United

States public health service, and medical officers of the veterans administration of the

United States, in the discharge of their official duties, and licensed physicians from

other states or territories if called in consultation with a person licensed to practice

medicine in this state.

6. Doctors of chiropractic duly licensed to practice in this state pursuant to the statutes

regulating such profession.

7. Podiatrists practicing their profession when properly licensed.

8. A nurse practicing the nurse's profession when properly licensed by the North Dakota

board of nursing.

9. A naturopath duly licensed to practice in this state pursuant to the statutes regulating

such profession.

10. An individual duly licensed to practice medical imaging or radiation therapy in this state

under chapter 43-62.

11. An acupuncturist duly licensed to practice in this state pursuant to the statutes

regulating such profession.
N.D. Cent. Code § 43-11-30 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-30
43-11-30. Revocation or suspension of license
Status: in_force

43-11-30. Revocation or suspension of license

The board may place on probation, revoke, or suspend a license upon proof of a violation

under this chapter or a rule adopted by the board.
N.D. Cent. Code § 43-23-06 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-06
43-23-06. Definitions
Status: repealed

43-23-06. Definitions

Repealed by S.L. 1977, ch. 405, § 2.
N.D. Cent. Code § 43-09-08 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-08
43-09-08. Treasurer to hold moneys of board - Use - Disbursement
Status: repealed

43-09-08. Treasurer to hold moneys of board - Use - Disbursement

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-23.2-05 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-05
43-23.2-05. Motion for dismissal - Commission may defend action
Status: in_force

43-23.2-05. Motion for dismissal - Commission may defend action

Whenever the court proceeds upon an application as set forth in this chapter, it shall order

payment out of the real estate education, research, and recovery fund only upon a

determination that the aggrieved party has a valid claim for relief within the purview of this

chapter and has complied with the provisions of this chapter. The judgment is only prima facie

evidence of such claim for relief and for the purposes of this chapter is not conclusive. The

commission may defend any such action on behalf of the fund and has recourse to all

appropriate means of defense and review including examination of witnesses. The commission

may move the court at any time to dismiss the application when it appears there are no triable

issues and the petition is without merit. The motion may be supported by affidavit of any person

or persons having knowledge of the facts, and may be made on the basis that the petition, and

the judgment referred to therein, does not form the basis for a meritorious recovery claim within

the purview of this chapter; provided, however, the commission shall give written notice at least

ten days before such motion. The commission may, subject to court approval, compromise a

claim based upon the application of an aggrieved party. It is not bound by any prior compromise

or stipulation of the judgment debtor.
N.D. Cent. Code § 43-29-13.2 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-13.2
43-29-13.2. Practice of veterinary technology - Exceptions
Status: in_force

43-29-13.2. Practice of veterinary technology - Exceptions

1. The following individuals may not be considered to be engaging in the practice of

veterinary technology in this state:

a. An individual who treats an animal owned by the individual or the individual's

regular employer, except if ownership of the animal was transferred or otherwise

manipulated to avoid the requirements of this chapter.

b. An individual who conducts experiments in scientific research in the development

of methods, techniques, or treatment, directly or indirectly applicable to the

problems of medicine, and who in connection with these activities uses animals.

c. A student enrolled in an approved program of veterinary technology performing

duties or actions assigned by an instructor or working under the direct supervision

of a veterinarian.

d. An employee of the United States or this state while in the performance of duties

as employees.

e. An employee of a veterinarian performing duties under the direction or

supervision of the veterinarian responsible for the employee's performance.

f. An individual lecturing or giving instructions or demonstrations within the

individual's area of professional expertise in connection with a continuing

education course or seminar.

g. An individual who is not a graduate of an approved program of veterinary

technology, enrolled in an equivalency program of veterinary technology as

approved by the board, performing duties or actions assigned by an instructor in

an approved program of veterinary technology.

h. An individual who administers medication or treatment as prescribed by a

veterinarian.

i. An individual who performs gratuitous services for an animal in a life-threatening

situation.

2. This section may not be construed to protect individuals from animal cruelty laws in

this state.
N.D. Cent. Code § 43-04-37 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-37
43-04-37. Display of certificate of registered barber
Status: in_force

43-04-37. Display of certificate of registered barber

Every holder of a certificate of registration as a registered barber or registered apprentice

shall display it in a conspicuous place adjacent to or near that person's work chair.
N.D. Cent. Code § 43-55-10 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-10
43-55-10. Interagency cooperation
Status: in_force

43-55-10. Interagency cooperation

A state agency, in performing duties under other laws that affect the regulation of

professional employer organizations, shall cooperate with the secretary of state as necessary to

administer and enforce this chapter.
N.D. Cent. Code § 43-17-02.3 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-02.3
43-17-02.3. Practice of medicine or osteopathy by holder of permanent, unrestricted license - Exceptions
Status: in_force

43-17-02.3. Practice of medicine or osteopathy by holder of permanent, unrestricted

license - Exceptions.

The practice of medicine is deemed to occur in the state the patient is located. A practitioner

providing medical care to a patient located in this state is subject to the licensing and

disciplinary laws of this state and shall possess an active North Dakota license for the

practitioner's profession. Notwithstanding anything in this chapter to the contrary, any physician

who is the holder of a permanent, unrestricted license to practice medicine or osteopathy in any

state or territory of the United States, the District of Columbia, or a province of Canada may

practice medicine or osteopathy in this state without first obtaining a license from the North

Dakota board of medicine under one or more of the following circumstances:

1. As a member of an organ harvest team;

2. On board an air ambulance and as a part of its treatment team;

3. To provide one-time consultation on a diagnosis for a patient to a physician licensed in

the state, or teaching assistance for a period of not more than seven days;

4. To provide consultation or teaching assistance previously approved by the board for

charitable organizations; or

5. Under rules adopted by the board.
N.D. Cent. Code § 43-15-34.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-34.1
43-15-34.1. Out-of-state pharmacies
Status: in_force

43-15-34.1. Out-of-state pharmacies

Any pharmacy operating outside the state which ships, mails, or delivers in any manner a

dispensed prescription drug or legend drug into North Dakota shall obtain and hold a pharmacy

permit issued by the North Dakota state board of pharmacy and that part of the pharmacy

operation dispensing the prescription for a North Dakota resident shall abide by state law and

rules of the board.
N.D. Cent. Code § 43-19.1-28 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-28
43-19.1-28. Public works
Status: in_force

43-19.1-28. Public works

Except as otherwise provided by law, the state and its political subdivisions may not engage

in the construction of public works involving the practice of professional engineering when the

contemplated expenditure for the project exceeds the sum of two hundred thousand dollars,

unless the engineering drawings and specifications and estimates have been prepared by, and

the construction administration and construction observation services are executed under the

supervision of, a registered professional engineer. Any engineering contract executed in

violation of this section is void.
N.D. Cent. Code § 43-60-10 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-10
43-60-10. Penalty
Status: in_force

43-60-10. Penalty

It is a class B misdemeanor to knowingly violate this chapter.
N.D. Cent. Code § 43-36-19 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-19
43-36-19. Reissuance of certificates
Status: in_force

43-36-19. Reissuance of certificates

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may

be issued subject to the rules of the board. A reasonable charge must be made for such

issuance.
N.D. Cent. Code § 43-05-08 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-08
43-05-08. Rules and regulations - Board to make
Status: in_force

43-05-08. Rules and regulations - Board to make

The board may make such rules and regulations not inconsistent with the provisions of this

chapter as may be necessary to give it full force and effect.
N.D. Cent. Code § 43-17-46 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-46
43-17-46. Payment of fees under the interstate medical licensure compact and the physician assistant licensure compact
Status: in_force

43-17-46. Payment of fees under the interstate medical licensure compact and the

physician assistant licensure compact.

1. Fees levied under subsection 1 of article XIII of the interstate medical licensure

compact by the interstate medical licensure compact commission to this state must be

paid by the board through the board's funding mechanism, and the board may not

request funds deposited in the general fund for the fee. A physician granted licensure

through the interstate medical licensure compact who fails to complete the addendum

questions within the time specified by rule of the board must be assessed a fee up to

three times the normal licensure fee, in addition to other penalties as authorized by

law.

2. Fees levied under section 43-17.5-07 of the physician assistant licensure compact by

the physician assistant licensure compact commission to this state must be paid by the

board through the board's funding mechanism, and the board may not request funds

deposited in the general fund for the fee. A physician assistant granted licensure or

privilege to practice in this state through the physician assistant licensure compact

who fails to complete the addendum questions within the time specified by rule of the

board must be assessed a fee up to three times the normal licensure fee for a

physician assistant licensed in this state, in addition to other penalties as authorized by

law.

3. Notwithstanding subsections 1 and 2, if an individual fails to timely submit the

addendum questionnaire required by rule of the board, the board may determine

whether the individual's failure to file a timely response constitutes an admission of

noncompliance with this section and whether the license should be subject to action by

the board. If the board determines the individual's failure to file a timely response is an

admission of noncompliance and the individual's license or privilege to practice should

be subject to action by the board, the board shall hold a hearing in accordance with

chapter 28-32 to take any appropriate action.
N.D. Cent. Code § 43-62-08 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-08
43-62-08. Meetings of the board
Status: in_force

43-62-08. Meetings of the board

The board shall hold at least two meetings each year to conduct business and to review the

standards and rules for improving the administration of medical imaging or radiation therapy.

The board shall establish the procedures for calling, holding, and conducting regular and special

meetings. A majority of board members constitutes a quorum.
N.D. Cent. Code § 43-58-07 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-07
43-58-07. Licensure granted without examination to individuals licensed in other states
Status: in_force

43-58-07. Licensure granted without examination to individuals licensed in other

states.

1. The board may issue a naturopathic license by endorsement to an applicant who has

complied with licensure requirements and who has 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 § 43-12.1-10 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-10
43-12.1-10. Renewal of license or registration - Reactivation
Status: in_force

43-12.1-10. Renewal of license or registration - Reactivation

1. The board shall renew a current license to practice as an advanced practice registered

nurse, specialty practice registered nurse, registered nurse, or licensed practical nurse

if the licensee submits a renewal application, submits the appropriate fee established

by the board, and meets all requirements for licensure. If a licensee does not renew a

license before the license expires, the board shall reactivate that license if that

licensee meets the reactivation requirements set by the board.

2. The board shall renew the registration of an unlicensed assistive person if the

registrant submits a renewal application, the appropriate fee established by the board,

and documentation of competency by the employer or evidence of certification or

evaluation. A lapsed unlicensed assistive person registration may be reactivated upon

submission of the application, payment of the appropriate fee established by the

board, and documentation of competency or evidence of certification or evaluation.

3. For good cause shown, the board may issue a limited license or registration to a

licensee or registrant. The board shall adopt rules establishing qualifications for issuing

limited licenses and registrations pursuant to this subsection.
N.D. Cent. Code § 43-13-15 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-15
43-13-15. Unlawful to practice without license - Regulations
Status: in_force

43-13-15. Unlawful to practice without license - Regulations

1. A person may not practice optometry in this state unless the person first obtains a

license and complies with the requirements of this chapter.

2. Notwithstanding any other provision of law, it is unlawful for any person, or any entity

other than a licensed optometrist or a licensed physician to prescribe to the public

contact lenses, or any medical appliance having direct contact with the cornea of the

eye.
N.D. Cent. Code § 43-23.3-06 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-06
43-23.3-06. Classes of permits
Status: in_force

43-23.3-06. Classes of permits

The board may issue apprentice, license, and certification permits for appraisers.

1. An apprentice appraiser must meet the minimum requirements established by the

board for a permit. An apprentice appraiser may only assist a certified appraiser in the

performance of an appraisal assignment.

2. A licensed appraiser must meet the minimum requirements established by the board

for a permit.

3. A certified residential appraiser must meet the minimum requirements established by

the board for a permit. The board's requirements may not exceed the appraisal

foundation qualification criteria. The board shall review periodically the appraisal

foundation appraisal qualification criteria to ensure the board's rules do not exceed the

appraisal qualification criteria.

4. A certified general appraiser must meet the minimum requirements established by the

board for a permit. The board's requirements may not exceed the appraisal foundation

qualification criteria. The board shall review periodically the appraisal foundation

appraisal qualification criteria to ensure the board's rules do not exceed the appraisal

qualification criteria.
N.D. Cent. Code § 43-51.1-01 — ND Code / Title 43 / Chapter 43-51.1 / Section 43-51.1-01
43-51.1-01. Definitions
Status: in_force

43-51.1-01. Definitions

As used in this chapter:

1. "Applicant" means an individual who has submitted a completed application, including

all documentation and fees necessary for the board to consider licensing the

individual.

2. "Application" means the process and all required documentation necessary for the

board to consider licensure of the applicant.

3. "Board" means a board, commission, or other agency of state government, excluding

the secretary of state, created or identified in this title to regulate a particular

occupation or profession, the education standards and practices board, and the state

board of law examiners.

4. "Effective interstate compact" means the minimum number of states necessary for the

interstate compact to become operative have enacted the interstate compact.

5. "Interstate compact" means a legislative enactment to recognize and facilitate the

portability of occupational licenses across state lines.

6. "License" means the authorization by a board or the supreme court to practice an

occupation or profession under state law or any other authority by which individuals

are licensed in the state.

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

or the supreme court or similar activity for which a license is required in another state

or jurisdiction.

8. "Out-of-state licensee" means an individual who holds a license, certificate, permit, or

similar authorization to practice an occupation or profession, which is issued by a

government agency in another state or jurisdiction in the United States which imposes

requirements for obtaining and maintaining the license, certificate, or permit, which are

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

to practice the same profession or occupation.

9. "Routine application" means an application that meets all the requirements for

licensure with no derogatory or adverse information in the application.
N.D. Cent. Code § 43-17-21 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-21
43-17-21. License granted without examination to persons licensed in other states
Status: repealed

43-17-21. License granted without examination to persons licensed in other states

Repealed by S.L. 2023, ch. 382, § 34.
N.D. Cent. Code § 43-62-13 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-13
43-62-13. Compensation - Expenses of board
Status: in_force

43-62-13. Compensation - Expenses of board

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

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

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

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

board as the board determines.
N.D. Cent. Code § 43-11-29.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-29.1
43-11-29.1. Establishment, independent licensee license renewal - Failure to renew
Status: in_force

43-11-29.1. Establishment, independent licensee license renewal - Failure to renew

1. An establishment license issued by the board expires annually on December thirty-

first. If the application for renewal is not received on or before the expiration date, the

license expires.

2. The board may renew a license if:

a. An application for renewal is submitted as provided by the board;

b. The renewal fee is paid; and

c. Grounds for denial do not exist under section 43-11-31.

3. The holder of an expired establishment or independent license, within twelve months

from the date of the license's expiration, may obtain a reinstatement of the

establishment license upon:

a. Payment of the required late fee; and

b. Payment of the current renewal fee.

4. After twelve months from the date of the license's expiration, the holder of an expired

establishment or independent license seeking licensure shall pay the required late

penalty fee for each year not renewed and reapply for establishment or independent

licensure under this chapter.
N.D. Cent. Code § 43-06-04.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-04.1
43-06-04.1. Powers and duties of board
Status: in_force

43-06-04.1. Powers and duties of board

1. The board shall administer the provisions of this chapter and the administrative rules

of the board relating to the practice of chiropractic. The board has all powers, rights,

and duties as provided in chapter 28-32.

2. The board shall verify the qualifications of applicants for licenses to practice

chiropractic and of applicants for certification to practice as a certified chiropractic

clinical assistant. The board shall examine and renew the licenses or certification of

duly qualified applicants.

3. The board shall regulate the practice of chiropractic and shall enforce the provisions of

this chapter and the rules of the board. The board shall investigate complaints of

violations and cause the prosecution of persons violating the provisions of this chapter

or the administrative rules of the board.

4. The board may appoint a peer review committee and employ personnel and incur

expenses as may be necessary for the performance of the board's duties and the

enforcement of this chapter.

5. The board may inspect upon probable cause, at all reasonable times, any chiropractic

office or place where chiropractic services are performed.

6. The board may set fees for licensure and renewal.

7. The board may adopt and amend rules and regulations, consistent with this chapter

governing the practice of chiropractic and the diagnosis and treatment of patients, the

enforcement of this chapter, and proper performance of the board's duties, including:

a. A code of ethical conduct governing the practice of chiropractic.

b. Requirements, standards, and examinations to determine the intellectual,

educational, scientific, technical, and professional qualifications of applicants for

license or certification.

c. Matters pertaining to the content and conduct of examination.

d. Matters pertaining to the operation and registration of chiropractic facilities.

e. Matters pertaining to the practice and certification of chiropractic specialties by

licensed doctors of chiropractic.

f. The quantity, type, and character of postgraduate study to be done by any

licensee in order to comply with this chapter.

g. Set policies and procedures on what constitutes professional or unprofessional

conduct.

h. Any other rules or regulations as may be necessary to give this chapter full force

and effect.
N.D. Cent. Code § 43-23.3-24 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-24
43-23.3-24. Criminal history record checks
Status: in_force

43-23.3-24. Criminal history record checks

The board shall require an applicant for a permit, under sections 43-23.3-04.1, 43-23.3-07,

43-23.3-08, and 43-23.3-09, and may require a permittee 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. All costs associated with obtaining a

background check are the responsibility of the applicant or permittee.
N.D. Cent. Code § 43-40-16.1 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-16.1
43-40-16.1. Complaints - Investigations
Status: in_force

43-40-16.1. Complaints - Investigations

1. A person may file a written complaint with the board setting forth the specific charges

upon which the complaint is made. Upon receiving a complaint, the board shall notify

the licensee of the complaint and request a written response from the licensee. A

licensee who is the subject of an investigation by the board shall cooperate fully with

the investigation. Cooperation includes responding fully and promptly to any

reasonable question raised by or on behalf of the board relating to the subject of the

investigation and providing copies of records when reasonably requested by the

board.

2. After review of the complaint, the licensee's response, and information obtained in the

investigation, the board shall determine if there is a reasonable basis to believe the

allegations are true and that the allegations constitute a violation of this chapter or the

rules of the board. If the board determines there is a reasonable basis to believe the

allegations are true and the allegations constitute a violation of this chapter or the rules

of the board, the board shall take appropriate action. If a reasonable basis is not found

by the board, the board shall notify the complaining party and the licensee in writing.
N.D. Cent. Code § 43-15-31.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.1
43-15-31.1. Patient profile record system
Status: in_force

43-15-31.1. Patient profile record system

A patient profile record system must be maintained in all pharmacies for persons for whom

prescriptions are dispensed. The patient profile record system must be devised so as to enable

the immediate retrieval of information necessary to enable the dispensing pharmacist to identify

previously dispensed medication at the time a prescription is presented for dispensing. One

profile card may be maintained for all members of a family living at the same address and

possessing the same family name.

The following information must be recorded:

1. The family name and the first name of the person for whom the medication is intended,

which is the patient.

2. The address of the patient.

3. An indication of the patient's age group, e.g., infant, child, adult.

4. The original date the medication is dispensed pursuant to the receipt of a physician's

prescription.

5. The number or designation identifying the prescription.

6. The prescriber's name.

7. The name, strength, and quantity of the drug dispensed.

8. The initials of the dispensing pharmacist, and the date of dispensing medication as a

renewal (refill) if said initials and such date are not recorded on the back of the original

prescription.

The pharmacist shall attempt to ascertain and shall record any allergies and idiosyncrasies

of the patient and any chronic conditions which may relate to drug utilization as communicated

to the pharmacy by the patient.

Upon receipt of a prescription, a pharmacist must examine the patient's profile record before

dispensing the medication to determine the possibility of a harmful drug interaction or reaction.

Upon recognizing a potential harmful reaction or interaction, the pharmacist shall take

appropriate action to avoid or minimize the problem which shall, if necessary, include

consultation with the physician.

A patient profile record must be maintained for a period of not less than five years from the

date of the last entry in the profile record.
N.D. Cent. Code § 43-28.1-05 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-05
43-28.1-05. Eligible loans
Status: in_force

43-28.1-05. Eligible loans

The department of health and human services may provide for loan repayment funds to a

dentist who has received an education loan. The department of health and human services may

not provide funds for the repayment of any loan that is in default at the time of the application.

The amount of repayment must be related to the dentist's outstanding education loans. A dentist

is eligible to receive loan repayment funds in an amount equal to the outstanding balance of the

dentist's education loans with applicable interest, or one hundred thousand dollars, whichever is

less. Loan repayment funds may not be used to satisfy other service obligations under similar

programs.
N.D. Cent. Code § 43-13-06 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-06
43-13-06. Secretary of board - Bond
Status: in_force

43-13-06. Secretary of board - Bond

The secretary of the board, or the secretary's designee in the event the duties have been

delegated to another, must be bonded for the faithful discharge of duties in such amount as may

be prescribed by the board.
N.D. Cent. Code § 43-15-19 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-19
43-15-19. Examination for license
Status: in_force

43-15-19. Examination for license

Except as otherwise provided in this chapter, every applicant for licensure as a pharmacist,

before receiving a license from the board, shall pass such an examination as to the applicant's

education and professional qualifications as the board shall prescribe.
N.D. Cent. Code § 43-12.3-01 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-01
43-12.3-01. Student loan repayment programs - Health care professionals
Status: in_force

43-12.3-01. Student loan repayment programs - Health care professionals

The department of health and human services shall administer student loan repayment

programs, as established by this chapter, for health care professionals willing to provide

services in areas of this state that have a defined need for such services.
N.D. Cent. Code § 43-30-05 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-05
43-30-05. License required to provide private investigative or security services - Exclusivity
Status: in_force

43-30-05. License required to provide private investigative or security services -

Exclusivity.

A person may not provide private investigative or security services without a license issued

by the board. Notwithstanding any other law or ordinance, a person may not be required to

obtain a license to provide private investigative or security services in this state other than the

license required by this chapter.
N.D. Cent. Code § 43-04-18 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-18
43-04-18. Records of board - Register of certificates
Status: in_force

43-04-18. Records of board - Register of certificates

The board shall keep a record of its proceedings relating to the issuance, refusal, renewal,

suspension, and revocation of certificates of registration. This record also must contain the

name, place of business, and place of residence of each registered barber and each registered

apprentice, and the date and number of the person's certificate of registration. This record must

be open to public inspection at all reasonable times.
N.D. Cent. Code § 43-10-15.5 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-15.5
43-10-15.5. Certificate of registration - Term - Renewal - Fee for renewal
Status: in_force

43-10-15.5. Certificate of registration - Term - Renewal - Fee for renewal

A certificate of registration as an intern embalmer is valid for one year and may be renewed

by the board upon payment to the treasurer of the annual renewal fee before December

thirty-first of each year. Registration may not be renewed more than three times. The board may

refuse to renew registration for cause.
N.D. Cent. Code § 43-10.1-02 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-02
43-10.1-02. Pre-need funeral service contracts
Status: in_force

43-10.1-02. Pre-need funeral service contracts

A person may not engage in the sale or execution of a pre-need funeral service contract

unless that person is the operator, agent, employee, or manager of a licensed funeral

establishment or cemetery association. As part of the sale of a pre-need funeral service

contract, the seller shall inform the purchaser of the extent to which the person with the duty of

final disposition under section 23-06-03 might be bound by any pre-need funeral arrangements.
N.D. Cent. Code § 43-13-12 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-12
43-13-12. Records of board as evidence
Status: in_force

43-13-12. Records of board as evidence

A true copy of all records of the board, or any part thereof, is admissible in evidence without

further proof of authenticity when accompanied by the certificate of the secretary of the board

that the same is a true copy of the original record on file in the office of the secretary of the

board.
N.D. Cent. Code § 43-62-01 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-01
43-62-01. Definitions
Status: in_force

43-62-01. Definitions

As used in this chapter:

1. "Board" means the North Dakota medical imaging and radiation therapy board.

2. "Certification organization" means a national certification organization that specializes

in the certification and registration of medical imaging and radiation therapy technical

personnel and which has programs accredited by the national commission for

certifying agencies, American national standards institute or the international

organization for standardization, or other accreditation organization recognized by the

board.

3. "Licensed practitioner" means a licensed physician, advanced practice registered

nurse, chiropractor, dentist, or podiatrist.

4. "Licensee" means an individual licensed by the board to perform medical imaging or

radiation therapy and operate medical imaging or radiation therapy equipment,

including a nuclear medicine technologist, radiation therapist, radiographer, radiologist

assistant, limited x-ray machine operator, sonographer, or magnetic resonance

imaging technologist.

5. "Medical imaging" means the performance of any diagnostic or interventional

procedure or operation of medical imaging equipment intended for use in the diagnosis

or visualization of disease or other medical conditions in human beings, including

magnetic resonance imaging, fluoroscopy, nuclear medicine, sonography, or x-rays.

6. "Medical physicist" means an individual who is certified by the American board of

radiology, American board of medical physics, American board of science in nuclear

medicine, or Canadian college of physics in medicine in radiological physics or one of

the subspecialties of radiological physics.

7. "Primary modality" means an individual practicing as a nuclear medicine technologist,

radiation therapist, radiographer, radiologist assistant, sonographer, or magnetic

resonance imaging technologist.

8. "Protected health information" has the same meaning as provided under section

23-01.3-01.

9. "Radiation therapy" means the performance of any procedure or operation of radiation

therapy equipment intended for use in the treatment of disease or other medical

conditions in human beings.

10. "Radiation therapist" means an individual, other than a licensed practitioner or

authorized user, who performs procedures and applies ionizing radiation emitted from

x-ray machines, particle accelerators, or sealed radioactive sources to human beings

for therapeutic purposes.
N.D. Cent. Code § 43-29-17.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-17.1
43-29-17.1. Unlawful practice of veterinary technology - Penalty - Civil remedy
Status: in_force

43-29-17.1. Unlawful practice of veterinary technology - Penalty - Civil remedy

1. An individual is guilty of a class B misdemeanor if the individual:

a. Practices veterinary technology in this state without compliance with the

provisions of this chapter;

b. Willfully and falsely claims or pretends to have or hold a license issued by the

board; or

c. Willfully and falsely, with intent to deceive the public, claims or pretends to be a

graduate of, or to hold a degree or diploma from, a program of veterinary

technology approved by the board.

2. In addition to the criminal penalty provided, the civil remedy of injunction is available to

restrain and enjoin violations of any provisions of this chapter without proof of actual

damages sustained by an individual, upon application and unanimous vote of all

members of the board.
N.D. Cent. Code § 43-62-14.1 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-14.1
43-62-14.1. Fluoroscopy technologist
Status: in_force

43-62-14.1. Fluoroscopy technologist

1. Effective August 1, 2019, an individual licensed or permitted as a fluoroscopy

technologist by the North Dakota board of medicine who is in good standing on that

date, automatically becomes licensed as a fluoroscopy technologist by the North

Dakota medical imaging and radiation therapy board.

a. Effective August 1, 2019, the North Dakota board of medicine shall expire every

active fluoroscopy technologist's license issued by that board.

b. Effective August 1, 2019, the North Dakota medical imaging and radiation therapy

board shall issue a fluoroscopy technologist license to every individual qualified

under this subsection to be automatically licensed.

2. The scope of practice of a licensed fluoroscopy technologist is limited to

gastrointestinal fluoroscopy of the esophagus, stomach, and small and large

intestines.

3. Fluoroscopy services provided by a licensed fluoroscopy technologist must be

provided under the supervision of a primary supervising physician.

4. If a fluoroscopy technologist performs a fluoroscopy procedure outside the presence of

the technologist's primary supervising physician, the technologist must be supervised

by an onsite supervising physician who is immediately available to the technologist for

consultation and supervision at all times the technologist is performing a fluoroscopy

procedure.

5. Under this section, a supervising physician may not designate the fluoroscopy

technologist to take over the physician's duties or cover the physician's practice.

During an absence or temporary disability of a primary supervising physician, the

fluoroscopy technologist is responsible to the substitute primary supervising physician.

6. To qualify for biennial license renewal, a fluoroscopy technologist shall submit to the

board with radiography license renewal:

a. Evidence of completion of at least six hours of continuing education on

fluoroscopy safety and relevant radiation protection; and

b. A copy of an agreement with a primary supervising physician.

7. A licensee under this section is subject to the disciplinary authority of the board under

section 43-62-19.
N.D. Cent. Code § 43-17-41 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-41
43-17-41. Duty of physicians and others to report injury - Penalty
Status: in_force

43-17-41. Duty of physicians and others to report injury - Penalty

1. Any physician, physician assistant, naturopath licensed under chapter 43-58,

acupuncturist licensed under chapter 43-61, or any individual licensed under

chapter 43-12.1 who performs any diagnosis or treatment for any individual suffering

from any wound, injury, or other physical trauma:

a. Inflicted by the individual's own act or by the act of another by means of a knife,

gun, or pistol shall as soon as practicable report the wound, injury, or trauma to a

law enforcement agency in the county in which the care was rendered; or

b. Which the individual performing diagnosis or treatment has reasonable cause to

suspect was inflicted in violation of any criminal law of this state, shall as soon as

practicable report the wound, injury, or trauma to a law enforcement agency in the

county in which the care was rendered.

2. The report under subsection 1 must state the name of the injured individual and the

character and extent of the individual's injuries, except when the individual's physical

injury is the result of a sexual offense, as defined in chapter 12.1-20, in which case the

individual's name, address, and any identifying information may not be included in the

report without the individual's written release.

3. When a report of domestic violence, as defined in section 14-07.1-01, or a report of

physical injury resulting from a sexual offense, as defined in chapter 12.1-20, is made

to a law enforcement agency as required by this section, the injured individual must be

provided with information regarding a domestic violence sexual assault organization as

defined in section 14-07.1-01 or other victims' assistance program by the physician,

physician assistant, naturopath, acupuncturist licensed under chapter 43-61, or any

individual licensed under chapter 43-12.1, unless it is known that the information has

previously been provided to the injured individual.

4. The reports mandated by this section must be made as soon as practicable and may

be either oral or in writing. Oral reports must be followed by written reports within

forty-eight hours if so requested by the sheriff or state's attorney to whom the oral

report is originally made.

5. Any individual required to report as provided by this section who willfully fails to do so

is guilty of an infraction.

6. Any individual making or not making a report in good faith pursuant to this section is

immune from liability for making or not making a report.

7. Reports made under this section are exempt records as defined by section 44-04-17.1.
N.D. Cent. Code § 43-57-03 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-03
43-57-03. Powers and duties of board
Status: in_force

43-57-03. Powers and duties of board

1. The board shall adopt rules:

a. To administer and enforce this chapter and chapters 43-59, 43-61, and 43-64;

b. That specify the scope of practice, which must be consistent with the required

education for each profession regulated by the board;

c. To establish any exemptions from licensure;

d. That endorse equivalent licensure examinations of another state or foreign

country and which may include licensure by reciprocity;

e. That establish educational standards for each profession regulated by the board

as appropriate; and

f. That set fees for licensure, which may include:

(1) Application fee;

(2) License fee;

(3) Renewal fee;

(4) Late fee;

(5) Administrative fees; and

(6) Continuing education fees.

2. The board shall produce an annual list of the names and level of licensure of all

individuals licensed by the board and make the list available upon request.

3. The board may employ staff and provide for staff compensation.

4. The board shall receive all moneys collected under this chapter and chapters 43-59,

43-61, and 43-64 and shall deposit and disburse all fees and moneys collected in

accordance with section 54-44-12.

5. The board may establish continuing education requirements for license renewal.

6. The board may adopt a code of ethics for each profession regulated by the board.

7. The board may adopt rules allowing students to practice under licensed supervision.
N.D. Cent. Code § 43-48-10 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-10
43-48-10. Student work authorization
Status: in_force

43-48-10. Student work authorization

A clinical laboratory student may perform tests under the supervision of licensed clinical

laboratory personnel without being licensed therefor by the board.
N.D. Cent. Code § 43-59-02 — ND Code / Title 43 / Chapter 43-59 / Section 43-59-02
43-59-02. Music therapy - License required - Title restrictions - Exceptions
Status: in_force

43-59-02. Music therapy - License required - Title restrictions - Exceptions

1. Effective August 1, 2012, a person may not hold out as practicing music therapy, hold

out as being a music therapist, or use a title or other designation indicating the person

is a music therapist in this state unless that person is an individual licensed under this

chapter and chapter 43-57.

2. The licensure provisions of this chapter do not prevent or restrict the practice,

services, or activities of any individual licensed in another profession or any individual

supervised by a licensed professional from performing work incidental to the practice

of that profession or occupation, if that individual does not represent the individual as a

music therapist.
N.D. Cent. Code § 43-02.2-08 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-08
43-02.2-08. Appointment of secretary of state as agent
Status: in_force

43-02.2-08. Appointment of secretary of state as agent

Application by a person or a firm not a resident of this state for a certificate under section

43-02.2-04 or a permit to practice under section 43-02.2-06 constitutes appointment of the

secretary of state as the applicant's agent upon whom process may be served in any action or

proceeding against the applicant arising out of any transaction or operation connected with or

incidental to services performed within this state by the applicant.
N.D. Cent. Code § 43-15.4-06 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-06
43-15.4-06. Veterinary dispensing technicians - Registration requirements
Status: in_force

43-15.4-06. Veterinary dispensing technicians - Registration requirements

1. A veterinary dispensing technician must register with the state board of pharmacy on

an annual basis.

2. A veterinary dispensing technician must be assigned a registration number.

3. The state board of pharmacy shall provide the veterinary dispensing technician with an

annual registration card and pocket identification card.

4. The veterinary dispensing technician certificate and annual registration card must be

displayed and visible to the public in the veterinary retail facility where the veterinary

dispensing technician is employed.

5. The veterinary dispensing technician must wear a name badge while in the veterinary

retail facility which clearly identifies the person as a "veterinary dispensing technician".

6. Every registered veterinary dispensing technician, within fifteen days after changing

address or place of employment, shall notify the board of the change. The board shall

make the necessary changes in the board's records.

7. A veterinary dispensing technician holding a certificate of registration as a veterinary

dispensing technician in this state may go on inactive status and continue to hold a

certificate of registration in this state provided the technician on inactive status may not

practice within this state. A veterinary dispensing technician on inactive status may not

be required to meet the continuing education requirements of the board under section
N.D. Cent. Code § 43-23.2-07 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-07
43-23.2-07. Order for payment
Status: in_force

43-23.2-07. Order for payment

If the court finds after the hearing that said claim should be levied against the portion of the

fund allocated for the purpose of carrying out the provisions of this chapter, the court shall enter

an order directed to the commission requiring payment from the fund of whatever sum it shall

find to be payable upon the claim pursuant to the provisions of and in accordance with the

limitations contained in this chapter.
N.D. Cent. Code § 43-23.5-15 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-15
43-23.5-15. Retention of records
Status: in_force

43-23.5-15. Retention of records

1. Each appraisal management company seeking to be registered or to renew an existing

registration in this state shall certify to the board on a form prescribed by the board

that the company maintains a detailed record of each service request that the

company receives for appraisal of real property located in this state.

2. An appraisal management company registered in this state shall retain for five years

all records required to be maintained under this chapter as described in rules. This

five-year period shall commence on the date of the final action by the appraisal

management company for each individual transaction or, if the appraisal management

company is notified that the transaction is involved in litigation, the five-year period

shall commence on the date the litigation is finally disposed.

3. All records required to be maintained by the registered appraisal management

company must, upon request by the board, be made available for inspection and

copying by the board on reasonable notice to the appraisal management company.