N.D. Cent. Code § 43-60-01 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-01
43-60-01. Definitions
Status: in_force

43-60-01. Definitions

In this chapter:

1. "ABGC" means the American board of genetic counseling.

2. "ABMG" means the American board of medical genetics.

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

4. "Genetic counseling" means a communication process, conducted by appropriately

trained individuals which includes:

a. Assisting an individual, the individual's family, a health care provider, or the public

with comprehending the issues inherent to genetic counseling. Such assistance

may include:

(1) Appreciating the medical, psychological, and social implications of a

disorder, including features, variability, usual course, and management

options;

(2) Learning how genetic factors contribute to the disorder and affect the

chance for recurrence of the condition in other family members;

(3) Understanding available options for coping with, preventing, or reducing the

chance of occurrence or recurrence of a condition;

(4) Selecting the most appropriate, accurate, and cost-effective methods to

determine risk for genetic conditions and diseases; and

(5) Understanding genetic tests, including diagnostic genetic tests, screening

tests, or predispositional genetic tests; coordinating testing for inherited

disorders; and explaining complex genetic test results;

b. Assessing the likelihood of the occurrence or recurrence of an abnormality in the

pregnancy in structure, function, or metabolism or of any potentially inherited or

genetically influenced condition. Such assessment may include the following:

(1) Obtaining and analyzing a complete health history of an individual and the

individual's family;

(2) Reviewing pertinent medical records;

(3) Evaluating the risks from exposure to possible mutagens or teratogens; and

(4) Discussing genetic testing or other evaluations to identify a condition or

determine the carrier status of one or more family members; and

c. Facilitating an individual's or family's:

(1) Exploration of the perception of risk and burden associated with a genetic

disorder;

(2) Decisionmaking regarding testing or medical interventions consistent with

the individual's or family's beliefs, goals, needs, or resources or with the

individual's or family's cultural, ethical, or moral views; and

(3) Adjustment and adaptation to the condition or the genetic risk by addressing

needs for psychological, social, and medical support.

5. "Genetic counselor" means an individual licensed under this chapter to engage in the

practice of genetic counseling.

6. "Supervision" means ongoing direct clinical review for the purposes of training or

teaching, by a supervisor approved by the board who monitors the performance or an

individual's supervised interaction with a client and provides regular documented

face-to-face consultation, guidance, and instructions with respect to the clinical skills

and competencies of the supervised individual. This supervision may be by personal

contact or indirect contact by telecommunication.
N.D. Cent. Code § 43-05-12 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-12
43-05-12. Examination - Temporary permit
Status: in_force

43-05-12. Examination - Temporary permit

1. The board may issue a license or permit to an applicant who has received a passing

score on each section of the national board of podiatric medical examiners licensing

examination or such other licensing examination as determined by the board. The

board shall determine the requirements for a passing score. An applicant shall appear

in person before the board or its designated representative to complete an oral

practical examination and show that the applicant satisfies the requirements for

licensure. The board may accept a national clinical examination prepared and graded

by the national board of podiatric medical examiners in lieu of the oral practical

examination. The board may establish the procedures or requirements for the

applicant's personal presentation and the subject matter of the oral practical

examination.

2. The board may issue a temporary permit to practice podiatric medicine to a person

engaged in a clinical residency or preceptorship for a period not to exceed twelve

months if the person meets all the conditions and qualifications for licensure

established by this chapter and rules of the board. The applicant for a temporary

permit shall submit a fee of not more than two hundred fifty dollars, as determined by

the board.
N.D. Cent. Code § 43-07-03 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-03
43-07-03. Registrar authority
Status: in_force

43-07-03. Registrar authority

The registrar may employ assistance and procure records, supplies, and equipment as

necessary to carry out this chapter.
N.D. Cent. Code § 43-02.2-06.1 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-06.1
43-02.2-06.1. Permit to practice - Firm wholly owned by qualified plan
Status: in_force

43-02.2-06.1. Permit to practice - Firm wholly owned by qualified plan

1. A firm may be wholly owned by a qualified plan as described and defined in sections

401(a) and 4975(e)(7) of the Internal Revenue Code [26 U.S.C. 401(a) and 4975(e)

(7)], including an employee stock ownership plan, if an applicant for initial issuance or

renewal of a permit to practice shows:

a. Fifty-one percent or more of the beneficial ownership of the plan belongs to

certified public accountants or licensed public accountants of the state or other

recognized jurisdiction;

b. All certified public accountants or licensed public accountants associated with the

firm whose principal place of business is in this state and who perform

professional services in this state hold a valid certificate or license issued by this

state; and

c. A simple majority of the board of directors of the firm are certified public

accountants or licensed public accountants of the state or other recognized

jurisdiction.
N.D. Cent. Code § 43-29.1-04 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-04
43-29.1-04. Community selection criteria
Status: in_force

43-29.1-04. Community selection criteria

1. In selecting a community with a defined need for the services of a veterinarian, the

department of health and human services shall consider:

a. The size of the community and give priority:

(1) First to rural communities having a population under five thousand;

(2) Second to communities having a population between five thousand and

ten thousand; and

(3) Third to communities having a population greater than ten thousand.

b. The number of veterinarians practicing in the community and the surrounding

area.

c. The access by residents to veterinarians practicing in the community and the

surrounding area.

d. The degree to which residents support the addition of a veterinarian within the

community.

2. The department of health and human services shall give priority for participation to a

community that demonstrates a need for a veterinarian.

3. In evaluating communities for participation in this program, the department of health

and human services may consult with public and private entities and visit the

communities.
N.D. Cent. Code § 43-23.3-03.1 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-03.1
43-23.3-03.1. Public records exception
Status: in_force

43-23.3-03.1. Public records exception

Documents obtained by the board as part of the licensing, investigation, or disciplinary

process which are deemed confidential under the uniform standards of professional appraisal

practices are exempt records as defined in subsection 5 of section 44-04-17.1.
N.D. Cent. Code § 43-61-09 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-09
43-61-09. Public health duties
Status: in_force

43-61-09. Public health duties

An acupuncturist has the same duties as a licensed physician with regard to public health

laws, reportable diseases and conditions, communicable disease control and prevention, and

local boards of health, except that the authority and responsibility are limited to activities

consistent with the scope of practice established under this chapter and chapter 43-57.
N.D. Cent. Code § 43-15-01 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-01
43-15-01. Definitions
Status: in_force

43-15-01. These rules must include a requirement that pharmacists receive training for each

specific test performed and a requirement that pharmacists demonstrate proficiency for each

test performed following nationally recognized proficiency guidelines.
N.D. Cent. Code § 43-15-42.4 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-42.4
43-15-42.4. Limitations on disciplinary actions
Status: in_force

43-15-42.4. Limitations on disciplinary actions

The board may not take disciplinary action against a pharmacist based solely on the

pharmacist 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 § 43-31-07.1 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-07.1
43-31-07.1. Internship license
Status: repealed

43-31-07.1. Internship license

Repealed by S.L. 2021, ch. 322, § 5.
N.D. Cent. Code § 43-25-08.1 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-08.1
43-25-08.1. Criminal history record checks
Status: in_force

43-25-08.1. Criminal history record checks

The board shall require an applicant under this chapter to submit to a statewide and

nationwide criminal history record check. The board may require a licensee 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 background check are the responsibility of the applicant or licensee.
N.D. Cent. Code § 43-62-06 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-06
43-62-06. Removal of members of the board
Status: in_force

43-62-06. Removal of members of the board

The governor for good cause shown and upon the recommendation of three-fourths of the

members of the board may remove any member of the board for misconduct, incapacity, or

neglect of duty.
N.D. Cent. Code § 43-23-07 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-07
43-23-07. Real estate brokers and salespersons - Exceptions
Status: in_force

43-23-07. Real estate brokers and salespersons - Exceptions

1. The term "real estate broker" or "real estate salesperson" does not include:

a. Any person, partnership, association, corporation, or limited liability company who

is a bona fide owner or lessor or who accepts or markets leasehold interests in

residential or agricultural property and performs any of the aforesaid acts with

reference to property owned or leased by them, nor does it apply to regular

employees thereof, when the acts are performed in the regular course of or as an

incident to the management of the property and the investment therein.

b. An attorney at law, admitted to practice in this state, handling sales of real estate

in the course of estate or guardianship administration in district court, or trust

administration, bankruptcy proceedings, receiverships, or like actions subject to

approval by a court of competent jurisdiction, or sales of real estate arising in the

usual course of the practice of law.

c. Any person selling real estate as an auctioneer, provided the sale is advertised as

a bona fide public auction.

d. Any bank or trust company or any of its officers or employees in the performance

of their duties as an officer or employee of the bank or trust company.

e. Any person holding in good faith a duly executed power of attorney from the

owner, authorizing a final consummation and execution for the sale, purchase,

lease, or exchange of real estate when such acts are not of a recurrent nature

and done with the intention of evading this section.

f. Any person while acting as a receiver, trustee, administrator, executor, guardian,

or under court order, or while acting under authority of a deed, trust, or will.

g. Public officers while performing their duties.

2. This section does not exempt from the definition of "real estate broker" or "real estate

salesperson" for consideration publicly marketing for sale an equitable interest in a

contract for the purchase of real property between a property owner and a prospective

purchaser.
N.D. Cent. Code § 43-02.2-04.1 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-04.1
43-02.2-04.1. Substantial equivalency
Status: in_force

43-02.2-04.1. Substantial equivalency

1. An individual whose principal place of business is not in this state shall have all the

privileges of certificate holders and licensees of this state without the need to obtain a

certificate or permit under section 43-02.2-04, if the individual holds a valid license as

a CPA from any state that the NASBA national qualification appraisal service has

verified to be in substantial equivalence with the CPA licensure requirements of the

Uniform Accountancy Act, or, if the individual's license is not from any state which the

NASBA national qualification appraisal service has verified to be in substantial

equivalence with the CPA licensure requirements of the Uniform Accountancy Act, that

the individual has obtained from the NASBA national qualification appraisal service

verification that such individual's CPA qualifications are substantially equivalent to the

CPA licensure requirements of the Uniform Accountancy Act. An individual who passed

the uniform CPA examination and holds a valid license issued by any other state prior

to January 1, 2012, may be exempt from the education requirement in the Uniform

Accountancy Act for purposes of this section.

2. Notwithstanding any other provision of law, an individual who offers or renders

professional services, whether in person or by mail, telephone, or electronic means,

under this section shall be granted practice privileges in this state and may use the title

"CPA" or "certified public accountant" and no notice, fee, or other submission shall be

provided by any such individual. Such an individual is subject to the requirements of

subsection 3.

3. Any individual licensee of another state exercising the privilege afforded under this

section and the firm that employs that licensee hereby simultaneously consent, as a

condition of the grant of this privilege:

a. To the personal and subject matter jurisdiction and disciplinary authority of the

board;

b. To comply with this chapter and the board's rules;

c. That in the event the license from the state of the individual's principal place of

business is no longer valid, the individual will cease offering or rendering

professional services in this state individually and on behalf of a firm; and

d. To the appointment of the state board which issued the person's license as the

person's agent upon whom process may be served in any action or proceeding

by this board against the licensee.

4. A licensee of this state offering or rendering services or using the licensee's CPA title

in another state is subject to disciplinary action in this state for an act committed in

another state for which the licensee would be subject to discipline in the other state.

The board shall investigate any complaint made by the board of accountancy of

another state.
N.D. Cent. Code § 43-31-02 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-02
43-31-02. Instruments to be used
Status: in_force

43-31-02. Instruments to be used

Every examiner shall use an instrument which records physiologic activity with four sensors:

a blood pressure cuff, electrodermal sensors, and two respirator sensors, but such an

instrument may record additional physiological changes pertinent to the detection of deception.

An examiner shall, when requested by the person being examined, provide the results of the

examination within a reasonable amount of time.
N.D. Cent. Code § 43-04-31.4 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-31.4
43-04-31.4. Retired barber license - Requirements
Status: in_force

43-04-31.4. Retired barber license - Requirements

1. An individual may apply for a retired barber license and practice in a limited capacity if

the applicant is:

a. At least sixty-five years of age or has been practicing a minimum of twenty years

as a licensed barber; and

b. Works no more than five days per month.

2. Upon an applicant meeting the qualifications under this section and paying the initial

licensing fee, the board shall issue a retired barber license.
N.D. Cent. Code § 43-01-19 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-19
43-01-19. County officers may certify abstracts
Status: in_force

43-01-19. County officers may certify abstracts

This chapter does not prevent the recorder, county treasurer, or clerk of court from certifying

to abstracts of title to lands from the records of their respective offices. Each officer, however, is

liable on the officer's official bond for the faithful performance of all acts performed by the officer

as the abstracter. If the officer certifying the abstract is the clerk of court, the clerk shall charge

and collect a fee as prescribed in section 27-05.2-03.
N.D. Cent. Code § 43-17-31 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-31
43-17-31. Grounds for disciplinary action
Status: in_force

43-17-31. Grounds for disciplinary action

1. Disciplinary action may be imposed against a physician 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 physician'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 a person's ability to serve the public as a practitioner of medicine or

any felony. A license may not be withheld contrary to the provisions of

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

to safely practice medicine.

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

a physician 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 medicine by an unlicensed, incompetent, or

impaired person.

i. The violation of any provision of a medical practice act or the rules and

regulations of the board, or any action, stipulation, condition, or agreement

imposed by the board or its investigative panels.

j. The practice of medicine under a false or assumed name.

k. The advertising for the practice of medicine 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 physician and

patient, except as required by law.

n. The failure of a doctor of osteopathy to designate that person's school of practice

in the professional use of that person's name by such terms as "osteopathic

physician and surgeon", "doctor of osteopathy", "D.O.", or similar terms.

o. Gross negligence in the practice of medicine.

p. Sexual abuse, misconduct, or exploitation related to the licensee's practice of

medicine.

q. 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.

r. The payment or receipt, directly or indirectly, of any fee, commission, rebate, or

other compensation for medical services not actually or personally rendered, or

for patient referrals; this prohibition does not affect the lawful distributions of

professional partnerships, corporations, limited liability companies, or

associations.

s. The failure to comply with the reporting requirements of section 43-17.1-05.1.

t. The failure to transfer medical records to another physician or to supply copies of

those records to the patient or to the patient's representative when requested to

do so by the patient or the patient's designated representative, except if the

disclosure is otherwise limited or prohibited by law. A reasonable charge for

record copies may be assessed.

u. A continued pattern of inappropriate care as a physician, including unnecessary

surgery.

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

connected with the practice of medicine.

w. The prescribing, selling, administering, distributing, or giving to oneself or to one's

spouse or child any drug legally classified as a controlled substance or

recognized as an addictive or dangerous drug.

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

substances.

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

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

the physician that 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.

z. The lack of appropriate documentation in medical records for diagnosis, testing,

and treatment of patients.

aa. The failure to furnish the board or the investigative panel, their investigators, or

representatives information legally requested by the board or the investigative

panel.

bb. Noncompliance with the physician health program established under chapter

43-17.3.

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

revoking, or refusing licenses together with the evidence offered.
N.D. Cent. Code § 43-62-09 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-09
43-62-09. Powers of the board
Status: in_force

43-62-09. Powers of the board

In addition to any other powers, the board may:

1. Administer this chapter.

2. Issue interpretations of this chapter.

3. Adopt rules as may be necessary to carry out this chapter.

4. Employ and fix the compensation of personnel the board determines necessary to

carry into effect this chapter and incur other expenses necessary to effectuate this

chapter.

5. Issue, renew, deny, suspend, or revoke licenses and carry out any disciplinary actions

authorized by this chapter.

6. Set fees for licensure, license renewal, and other services deemed necessary to carry

out the purposes of this chapter.

7. Conduct investigations for the purpose of determining whether violations of this

chapter or grounds for disciplining licensees exist. The board may establish an

investigative panel to conduct an investigation under this subsection and may

subpoena records.

8. Develop standards and adopt rules for the improvement of the administration of

medical imaging or radiation therapy in this state.

9. Employ or contract with one or more certification organizations known to provide

acceptable examinations leading to certification of technical personnel performing

medical imaging or radiation therapy.

10. Impose sanctions, deny licensure, levy fines, or seek appropriate civil or criminal

penalties against anyone who violates or attempts to violate examination security,

anyone who obtains or attempts to obtain licensure by fraud or deception, or anyone

who knowingly assists in that type of activity.

11. Require information on an applicant's or licensee's fitness, qualifications, and previous

professional record and performance from recognized data sources, licensing and

disciplinary authorities of other jurisdictions, certification organizations, professional

education and training institutions, liability insurers, health care institutions, or other

employers, and law enforcement agencies be reported to the board. The board or its

investigative panels may require an applicant for licensure or a licensee who is the

subject of a disciplinary investigation to submit to a statewide and nationwide criminal

history record check. The nationwide criminal history record check must be conducted

in the manner provided by section 12-60-24. All costs associated with the criminal

history record check are the responsibility of the licensee or applicant.

12. Require the self-reporting by an applicant or a licensee of any information the board

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

qualifications.

13. Establish a mechanism for dealing with a licensee who abuses or is dependent upon

or addicted to alcohol or other addictive chemical substances, and enter an agreement

with a professional organization possessing relevant procedures and techniques the

board has evaluated and approved for the organization's cooperation or participation.

14. Issue a cease and desist order, obtain a court order, or an injunction to halt unlicensed

practice, a violation of this chapter, or a violation of the rules of the board.

15. Issue a conditional, restricted, or otherwise circumscribed license as the board

determines necessary.
N.D. Cent. Code § 43-15.2-03 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-03
43-15.2-03. Conditions for participation
Status: in_force

43-15.2-03. Conditions for participation

1. A donor may donate legend drugs, devices, or supplies to the program through a

practitioner or pharmacy that meets the criteria established for such participation.

Legend drugs, devices, or supplies may not be donated directly to a specific patient

and donated items may not be resold.

2. The items donated to the program may be prescribed for use by an individual by a

practitioner who is authorized by law to prescribe and only a participant may dispense

donated items.
N.D. Cent. Code § 43-18-16 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-16
43-18-16. Plumber licensed by board may practice at any place in state - Exception
Status: in_force

43-18-16. Plumber licensed by board may practice at any place in state - Exception

A plumber registered and licensed by the board to engage in the business of master

plumber, journeyman plumber, or plumber's apprentice may engage in or work at the business

of plumbing at any place in this state, except in cities that have adopted ordinances requiring a

municipal license or registration in addition to the state license before permitting any plumber to

work in such municipality.
N.D. Cent. Code § 43-12.3-07 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-07
43-12.3-07. Powers of the department - Continuing appropriation
Status: in_force

43-12.3-07. Powers of the department - Continuing appropriation

1. The department of health and human services may:

a. Receive and expend any gifts, grants, and other funds for the purposes of this

program;

b. Participate in any federal programs providing for the repayment of student loans

on behalf of health care professionals; and

c. Do all things necessary and proper for the administration of this chapter.

2. All moneys received by the department of health and human services under this

section are appropriated to the department of health and human services on a

continuing basis, to be used exclusively for the purposes of this chapter.
N.D. Cent. Code § 43-11-01 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-01
43-11-01. Definitions
Status: in_force

43-11-01. Definitions

In this chapter:

1. "Ablative esthetic procedure" means an esthetic procedure to excise, vaporize,

disintegrate, or remove living tissue. Ablative procedures may not be performed by

cosmetologists, estheticians, advanced estheticians, or manicurists.

2. "Advanced esthetician" means an individual who practices advanced esthetics and

esthetics.

3. "Advanced esthetics" means the practice of advanced cosmetic preparations or

procedures using the hands or a mechanical or electronic apparatus for esthetic

purposes.

a. The term includes:

(1) Advanced chemical peels;

(2) Microneedling;

(3) Nonablative procedures; and

(4) Extractions using lancets.

b. The term does not include:

(1) Procedures to treat a medical, physical, or mental ailment; or

(2) Ablative esthetic procedures.

4. "Apprentice" means an individual who is:

a. At least sixteen years of age;

b. Employed in an apprenticeable occupation; and

c. Registered in North Dakota by the office of apprenticeship of the United States

department of labor.

5. "Apprentice program" means a program registered with the office of apprenticeship of

the United States department of labor, meeting the terms and conditions for

qualifications, recruitment, selection, employment, and training of apprentices,

including the requirement for a written apprenticeship agreement between an

apprentice and an active licensee in an active licensed establishment in accordance

with the rules adopted by the board.

6. "Apprentice trainer" means an individual who trains an apprentice in an approved

apprenticeship program and who is approved by rule of the board.

7. "Approved apprenticeship establishment" means an establishment approved by rule of

the board.

8. "Board" means the state board of cosmetology.

9. "Cosmetologist" means an individual licensed under this chapter to practice

cosmetology.

10. "Cosmetology" means any one or a combination of practices generally and usually

performed by and known as the occupation of beauty culturists or cosmeticians or

cosmetologists or hairdressers, or of any other individual holding out as practicing

cosmetology by whatever designation and within the meaning under this chapter and

in and upon whatever place or premises.

a. The term includes:

(1) Hair care, including arranging, dressing, curling, waving, permanent waving,

cleansing, cutting, shaving, trimming, singeing, bleaching, coloring,

straightening, or similar work, upon the hair of any individual by any means

or with hands or mechanical or electrical apparatus or appliances;

(2) Esthetics;

(3) Manipulation and application of product to eyelashes and eyebrows,

including extensions, design, treatment, tinting, and lightening;

(4) Hair extensions using chemical hair joint agents, such as synthetic tape,

keratin bonds, or fusion bonds; and

(5) Manicuring.

b. The term does not include natural hair braiding or threading.

11. "Esthetician" means an individual licensed under this chapter to practice esthetics.

12. "Esthetics" means the practice of a variety of services to beautify or improve the

appearance of the skin.

a. The term includes:

(1) Beautifying, massaging, cleansing, or stimulating the skin of the human

body by the use of cosmetic preparations, antiseptics, tonics, lotions, or

creams;

(2) Use of a device to care for the skin, including microdermabrasion,

dermaplanning, or high frequency;

(3) Cosmetic peels using a concentration of less than:

(a) Thirty percent alpha hydroxy acid;

(b) Twenty percent beta hydroxy acid;

(c) Fifteen percent resorcinol; or

(d) Fifteen percent trichloroacetic acid;

(4) Application of cosmetics, eyelashes, or eyelash extensions;

(5) Perming, laminating, tinting, or lightening eyebrows, eyelashes, or other hair

on the body; or

(6) Depilating, tweezing, shaving, sugaring, or waxing hair from the body.

b. The term does not include:

(1) Any procedure invading living tissue below the stratum corneum layer of the

epidermis by any means;

(2) Threading hair removal; or

(3) Advanced esthetic procedures.

13. "Independent licensee" means a licensed individual who maintains a separate license

and practices cosmetology, manicuring, esthetics, or advanced esthetics at a location

within, but separate, from a cosmetology establishment. The licensee must abide by

the same provisions of this chapter as an establishment.

14. "Instructor" means an individual who is a licensed cosmetologist, esthetician,

advanced esthetician, or manicurist who teaches cosmetology, esthetics, manicuring,

or other practices within the scope of the individual's license, in a duly registered

school of cosmetology, and who has met the requirements of section 43-11-27 and has

applied for and received an instructor's license.

15. "Manicuring" means:

a. Cleansing, cutting, shaping, or beautifying nails;

b. Massaging from the elbow to the fingertips or knee to toes of any individual;

c. Caring for and treating the cuticles and nails; and

d. The application and removal of sculptured or otherwise artificial nails by hand or

with mechanical or electrical apparatus or appliances.

16. "Manicurist" means an individual licensed under this chapter to practice manicuring.

17. "Master cosmetologist" means an individual who has met the requirements of section

43-11-26 and has applied for and received a master cosmetologist license.

18. "Master esthetician" means an individual who has met the requirements of section

43-11-26 and has applied for and received a master esthetician license.

19. "Master manicurist" means an individual who has met the requirements of section

43-11-26 and has applied for and received a master manicuring license.

20. "Natural hair braiding" means hair manipulation that results in tension on hair strands

by beading, braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving,

or wrapping human hair, natural fibers, synthetic fibers, and hair extensions into a

variety of shapes, patterns, and textures by hand or by using simple hair braiding

devices.

a. The term includes:

(1) The making of wigs from natural hair, natural fibers, synthetic fibers, and

hair extensions;

(2) The use of topical agents, such as conditioners, gels, moisturizers, oils,

pomades, and shampoos; and

(3) The maintenance of natural hair braids.

b. The term does not include the use of penetrating chemical hair treatments,

chemical hair coloring agents, chemical hair straightening agents, chemical hair

joining agents, permanent wave styles, or chemical hair bleaching agents applied

to growing human hair.

c. For purposes of this section, "simple hair braiding devices" means clips, combs,

curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair binders,

including adhesives, required for hair braiding.

21. "Nonablative esthetic procedure" means the use of a laser, light, or energy device for

the purpose of skin rejuvenation, body contouring, dyschromia reduction, cellulite

reduction, hair removal, hair reduction, or tattoo removal and is not intended to excise,

vaporize, disintegrate, or remove living tissue.

22. "Noninvasive care" means procedures or services limited to nonliving cells in the

stratum corneum layer of the epidermis.

23. "Salon" means an establishment in a fixed location, not used as sleeping or living

quarters, licensed under this chapter where cosmetology services are provided.

24. "School" means an establishment operated for the purpose of teaching cosmetology,

esthetics, advanced esthetics, or manicuring.

25. "Student" means any individual who is engaged in the learning or acquiring of any or

all the practices of cosmetology and while so learning, performs or assists in any of the

practices of cosmetology in any school registered or licensed and under the immediate

supervision of an instructor licensed as such under this chapter.

26. "Student instructor" means a cosmetologist, esthetician, advanced esthetician, or

manicurist who is receiving instruction in teacher's training within the scope of the

individual's license in a duly registered school of cosmetology.

27. "Threading" means the method of removing hair from the eyebrows, upper lip, or other

body part by using cotton thread to pull hair from follicles.

a. The term may include the use of an over-the-counter astringent, gel, and powder,

tweezers, and scissors, incidental to the removal of hair by threading.

b. The term does not include the use of chemicals, heat, or any type of wax.

28. "Tuition" means the total cost of an individual's cosmetology studies, and does not

include books or demonstration kits.
N.D. Cent. Code § 43-45-06 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-06
43-45-06. Addiction counseling practice - Exemptions
Status: in_force

43-45-06. Addiction counseling practice - Exemptions

1. This chapter may not be construed to prevent an individual from doing work within the

standards and ethics of that individual's profession if that individual does not represent

to the public, by title or by use of the initials L.A.C., L.C.A.C., or M.A.C., that the

individual is engaging in addiction counseling.

2. This chapter may not be construed to prevent addiction counseling trainees or interns

in board-approved programs from engaging in addiction counseling related to training.
N.D. Cent. Code § 43-18.2-04 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-04
43-18.2-04. Sewer and water installer apprentice license
Status: in_force

43-18.2-04. Sewer and water installer apprentice license

All applicants for a building sewer and water installer apprentice license shall complete an

application identifying the building sewer and water installer under whose supervision the

applicant is working. The license is without charge for two years and must be renewed annually.
N.D. Cent. Code § 43-50-04 — ND Code / Title 43 / Chapter 43-50 / Section 43-50-04
43-50-04. Social security number - Confidential
Status: in_force

43-50-04. Social security number - Confidential

A social security number provided under this chapter is confidential.
N.D. Cent. Code § 43-15.4-03 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-03
43-15.4-03. Veterinary retail facility - Permit required
Status: in_force

43-15.4-03. Veterinary retail facility - Permit required

A person, copartnership, association, corporation, or limited liability company may not open,

establish, operate, maintain, or do business in the state of North Dakota, a veterinary retail

facility without first obtaining a permit to do so from the board. Application for a permit must be

made upon a form prescribed and furnished by the board and must be accompanied by a fee

set by the board not to exceed three hundred dollars. A like fee must be paid upon each annual

renewal thereof. Separate applications must be made and separate permits required for each

veterinary retail facility opened, established, operated, or maintained by the same owner and for

the change of location, name, or ownership of an existing veterinary retail facility.
N.D. Cent. Code § 43-17.5-03 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-03
43-17.5-03. State participation in this compact
Status: in_force

43-17.5-03. State participation in this compact

1. To participate in this compact, a participating state shall:

a. License physician assistants;

b. Participate in the compact commission's data system;

c. Have a mechanism in place for receiving and investigating complaints against

licensees and license applicants;

d. Notify the commission, in compliance with the terms of this compact and

commission rules, of any adverse action against a licensee or license applicant

and the existence of significant investigative information regarding a licensee or

license applicant;

e. Fully implement a criminal background check requirement, within a time frame

established by commission rule, by its licensing board receiving the results of a

criminal background check and reporting to the commission whether the license

applicant has been granted a license;

f. Comply with the rules of the compact commission;

g. Utilize passage of a recognized national exam, such as the national commission

on certification of physician assistants' physician assistant national certifying

examination, as a requirement for physician assistant licensure; and

h. Grant the compact privilege to a holder of a qualifying license in a participating

state.

2. This compact does not prohibit a participating state from charging a fee for granting

the compact privilege.
N.D. Cent. Code § 43-09-23 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-23
43-09-23. Criminal penalty - Civil proceedings
Status: in_force

43-09-23. Criminal penalty - Civil proceedings

A person that violates any of the provisions of this chapter is guilty of a class B

misdemeanor. In addition to criminal proceedings, the board may commence administrative or

civil court proceedings as follows:

1. The board may issue a cease and desist order against a person allegedly making or

offering to make installations in violation of section 43-09-09 or 43-09-09.2 based upon

information provided to the board by its inspectors or other persons, by investigation

reports, affidavits, complaints of witnesses, or oral testimony given to the board at a

regular or special board meeting. Violation of the cease and desist order may be

considered by the court in issuing a temporary or permanent restraining order and in

ordering the payment of costs and attorney's fees in proceedings authorized under this

section.

2. The board may apply to the district court in the county in which the violations have

occurred for a temporary or permanent injunction under chapter 32-06, enjoining

persons from performing, advertising, or contracting for making installations without a

valid license issued by the board in violation of section 43-09-09 or 43-09-09.2. The

court may not require a written undertaking, security, or bond as a basis for issuing any

temporary or permanent restraining order under this section unless the court

specifically orders and states the basis for requiring the security. Upon a determination

that a violation of section 43-09-09 or 43-09-09.2 has occurred, the court may assess

against the defendants the actual costs incurred and reasonable attorney's fees

necessary for the investigation and court proceedings against the unlicensed person.

3. After an administrative hearing has been conducted by the board under chapter 28-32,

an appeal from an order of the board or from the assessment of costs and attorney's

fees may be taken to the district court under chapter 28-32.
N.D. Cent. Code § 43-12.1-07 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-07
43-12.1-07. Compensation of board members
Status: in_force

43-12.1-07. Compensation of board members

A member of the board is entitled to receive compensation in an amount fixed by the board

for each day or portion of a day the member is actually engaged in the performance of official

duties and such mileage reimbursement as is provided for in section 54-06-09. In addition, the

member is entitled to reimbursement for actual and necessary expenses in the amounts

provided by law for state officers in section 44-08-04. All funds collected or received by the

board must be deposited and disbursed in accordance with section 54-44-12.
N.D. Cent. Code § 43-32-23 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-23
43-32-23. Scope and grading of examination
Status: in_force

43-32-23. Scope and grading of examination

The board shall determine the subject and scope of specialized psychological areas and

techniques for examination. Written examinations may be supplemented by oral examinations

as the board may determine necessary. The board shall determine an acceptable level of

performance for each examination and a majority decision of the board is required for the

issuing of a license.
N.D. Cent. Code § 43-11-20.3 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-20.3
43-11-20.3. Cancellation of contract for instruction
Status: in_force

43-11-20.3. Cancellation of contract for instruction

Any person has the unrestricted right to rescind, revoke, or cancel a contract for a course of

instruction at any school after entering into the contract without incurring any tort or contract

liability.
N.D. Cent. Code § 43-55-02 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-02
43-55-02. Rights, duties, and obligations unaffected
Status: in_force

43-55-02. Rights, duties, and obligations unaffected

1. Neither this chapter nor a professional employer agreement may affect, modify, or

amend a collective bargaining agreement or any right or obligation of a client,

professional employer organization, or covered employee under federal law.

2. Neither this chapter nor a professional employer agreement may:

a. Diminish, abolish, or remove any right of a covered employee to a client or

obligation of the client to a covered employee existing before the effective date of

the professional employer agreement.

b. Affect, modify, or amend any contractual relationship or restrictive covenant

between a covered employee and a client in effect at the time a professional

employer agreement becomes effective or prohibit or amend a contractual

relationship or restrictive covenant that is entered subsequently between a client

and a covered employee.

3. A covered employee who is required under law to be licensed, registered, or certified

is deemed solely an employee of the client for purposes of the license, registration, or

certification requirement.

4. Unless otherwise provided by this chapter, a professional employer organization is not

deemed to engage in any occupation, trade, profession, or other activity that is subject

to licensing, registration, or certification requirements or is otherwise regulated solely

by entering and maintaining a coemployment relationship with a covered employee

who is subject to the requirement.

5. A client has the sole right of direction and control of the professional or licensed

activities of a covered employee and of the client's business. The covered employee

and client remain subject to regulation by the entity responsible for licensing,

registration, or certification of the covered employee or client.

6. For purposes of determination of a tax credit or other economic incentive based on

employment, a covered employee is deemed an employee solely of the client. A client

is entitled to the benefit of any tax credit, economic incentive, or other benefit arising

as the result of the employment of a covered employee of the client. If the grant or

amount of the incentive is based on the number of employees, each client must be

treated as employing only those covered employees coemployed by the client. A

covered employee working for another client of the professional employer organization

may not be counted. Each professional employer organization shall provide, upon

request by a client or an agency or department of the state, employment information

reasonably required for administration of the tax credit or economic incentive and

which is necessary to support any request, claim, application, or other action by a

client seeking the tax credit or economic incentive.

7. With respect to a bid, contract, purchase order, or agreement entered with the state or

a political subdivision, a client company's status or certification by any agency of this

state as a small, minority-owned, disadvantaged, or woman-owned business

enterprise or as a historically underutilized business is not affected because the client

company has entered an agreement with a professional employer organization or uses

the services of a professional employer organization.
N.D. Cent. Code § 43-15-38 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-38
43-15-38. Failure to renew permit - When new permit granted
Status: in_force

43-15-38. Failure to renew permit - When new permit granted

If an application for renewal of a permit issued for the operation or maintenance of a

pharmacy in this state is not made before the first day of June of the fiscal year for which the

permit was issued, the existing permit, or renewal permit, lapses and becomes null and void

upon the thirtieth day of that month. A new or further renewal of a permit may be granted only:

1. Upon evidence satisfactory to the board of good and sufficient reason or excuse for

failure to file an application within the time prescribed.

2. Upon payment of the regular renewal fee and an additional fee to be set by the board

not to exceed two hundred dollars.
N.D. Cent. Code § 43-11-20.2 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-20.2
43-11-20.2. Negotiation of promissory instruments
Status: in_force

43-11-20.2. Negotiation of promissory instruments

No school of cosmetology may negotiate any promissory instrument received as payment

for tuition or other charges prior to the completion of one-half of the course of instruction offered

by the school.
N.D. Cent. Code § 43-11-25.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-25.1
43-11-25.1. International applicants
Status: in_force

43-11-25.1. International applicants

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

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

review to a credentialing agency approved by the board.

2. Failure to have a review completed by the above credentialing agency may result in

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

recommendations made by the credentialing agency.
N.D. Cent. Code § 43-41-10 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-10
43-41-10. Grounds for disciplinary proceedings
Status: in_force

43-41-10. Grounds for disciplinary proceedings

1. The board may deny, refuse to renew, suspend, revoke, reprimand, restrict, or limit the

license of, or place on probationary status any license issued under this chapter on

proof at a hearing the applicant or licensed person:

a. Has been convicted of an offense determined by the board to have a direct

bearing upon that individual's ability to practice social work or is not sufficiently

rehabilitated as determined by the board in accordance with section 12.1-33-02.1.

b. Is addicted to the habitual use of alcoholic beverages, narcotics, or stimulants or

other addictive substances that impair the social worker's ability to practice social

work.

c. Has been grossly negligent in the practice of social work.

d. Has violated one or more of the rules and regulations of the board.

e. Has violated the code of social work ethics adopted by the board.

f. Has failed to make a report to the board as required under section 43-41-11.1.

2. In order to pursue the investigation, the board may subpoena and examine witnesses

and records, including client records, and copy, photograph, or take samples. The

board may require a licensed social worker to give statements under oath. The board

may require a licensed social worker to submit to a physical, chemical, or mental

examination, by a physician or physicians or other qualified evaluation professionals

selected by the board if it appears to be in the best interests of the public that an

examination be secured. The board may require a licensee to enroll in a treatment or

monitoring program approved by the board if the board determines in good faith to do

so would be beneficial to the licensee or protect the public. Failure to satisfactorily

undergo an examination or enroll in a treatment and monitoring program must be

reported to the board by the treating professional. Treating professionals are immune

from any liability for reporting made in good faith. A licensee is deemed to consent to

the treating professional of the approved evaluation, or the approved treatment and

monitoring program, reporting to the board on the results of the examination or the

progress of the treatment or monitoring program, at such intervals the board deems

necessary. The approved examination, or treatment or monitoring program, may

release examination information, or treatment or monitoring information, to the board

so the board may evaluate the results of the examination or the licensee's progress in

and the effectiveness of the treatment or monitoring program. A written request from

the board constitutes authorization to release information. Absent a client release on

file allowing the release of information, all client records released to the board are

confidential and are not public records.

3. Unless there is a client release on file allowing the release of information at the public

hearing, client and juvenile records introduced or client and juvenile testimony of a

personal nature taken at a public hearing is confidential and closed to the public. The

portions of board meetings at which client and juvenile testimony or records are taken

or reviewed are confidential and closed to the public. If no client or juvenile testimony

or records are taken or reviewed, the remainder of the meeting is an open meeting

unless a specific exemption is otherwise applicable.

4. Until the board proceeds with disciplinary action, the complaint, the response, and any

record received by the board during an investigation of a complaint under this section

are exempt records, as defined in section 44-04-17.1.
N.D. Cent. Code § 43-12.1-14.1 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-14.1
43-12.1-14.1. Grounds for discipline - Assistant to the nurse
Status: repealed

43-12.1-14.1. Grounds for discipline - Assistant to the nurse

Repealed by S.L. 1995, ch. 403, § 17.
N.D. Cent. Code § 43-32-07 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-07
43-32-07. Meetings of board
Status: in_force

43-32-07. Meetings of board

The board shall hold at least one regular meeting each year. Additional meetings may be

held upon call of the president or at the written request of the governor or of any two members

of the board. The meetings must be held at such places as the board may designate.
N.D. Cent. Code § 43-04-30.1 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-30.1
43-04-30.1. Continuing education requirements
Status: in_force

43-04-30.1. Continuing education requirements

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

individuals licensed under this chapter. The rules must provide:

a. Individuals holding a barber license or a barber instructor license shall complete a

minimum of six hours of continuing education every two years;

b. Education requirements must be met before the August first deadline; and

c. Accreditation hours may be completed through a variety of continuing education

forums, including seminars, workshops, annual conventions, and video courses.

2. The board may suspend, revoke, place on probationary status, impose a fine on, or

refuse to renew any license issued under this chapter if the licensee fails to meet the

continuing education requirements established by the board.

3. An applicant for accreditation of continuing education courses, classes, or activities

may be charged a reasonable fee determined by the board.
N.D. Cent. Code § 43-23.5-06 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-06
43-23.5-06. Expiration of registration
Status: in_force

43-23.5-06. Expiration of registration

Registrations will expire on September thirtieth of each year. The expiration date of the

registration must appear on the registration and no other notice of its expiration need be given

to the registrant.
N.D. Cent. Code § 43-48-11 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-11
43-48-11. Provisional permits
Status: in_force

43-48-11. Provisional permits

The board may, under criteria established by the board, grant a limited permit to a person

who has completed the education and experience requirements of this chapter. Such permit

allows the person to practice medical technology in association with licensed clinical laboratory

personnel. The permit is valid for no longer than a period of three years or until the person

holding the permit is duly issued a license or the permit is revoked by the board.
N.D. Cent. Code § 43-15.3-11 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-11
43-15.3-11. Retail durable medical equipment retailers - Reciprocity
Status: in_force

43-15.3-11. Retail durable medical equipment retailers - Reciprocity

1. A person may not sell or deliver durable medical equipment directly to a consumer

unless licensed by the board as a retail durable medical equipment retailer.

a. As a term of licensure under this section, a licensee shall employ or contract with

an in-state licensed health care professional authorized by that professional's

practice act to prescribe or administer the durable medical equipment. For

purposes of this section, a licensed health care professional may include a

respiratory therapist, physical therapist, pharmacist, registered nurse, licensed

practical nurse, advanced practice registered nurse, physician assistant, and

occupational therapist.

(1) The licensed health care professional must be on staff to oversee and

provide custom orthotics and prosthetics. The board shall establish

certification requirements for a qualified health care professional which may

include certification through the American board for certification in orthotics

and prosthetics or the board for certification in orthotics as a certified

orthotist, certified prosthetist, certified prosthetist orthotist, certified orthotic

fitter, certified mastectomy fitter, or certified pedorthist.

(2) The licensed health care professional must be on staff to oversee and

provide complex rehabilitation products and services for seating and mobility

systems. The board shall establish certification requirements for a qualified

health care professional which may include certification through the

rehabilitation engineering and assistive technology society of North America

as an assistive technology professional.

(3) The applicant shall furnish on the application the name and license number

of the individual the licensee employs or with which the applicant contracts.

Within thirty days of a change, the licensee shall provide the board with

notice of any change in the licensee.

b. A durable medical equipment retailer may sell or deliver to a patient's home

durable medical-related equipment in accordance with a practitioner's prescription

or drug order. The retail durable medical equipment retailer shall keep the original

prescription or order or an electronic copy at the licensed location or must have

available for inspection an electronic copy of the original order or electronic copy

of the order. A prescription or order is not valid after one year, except a

prescription or order for repair, maintenance, or replacement of equipment and

items designated as thirteen month capped rental items by the center of Medicare

and Medicaid services may be perpetual. A retail durable medical equipment

retailer shall maintain a prescription or order for five years. A durable medical

equipment retailer may only obtain medical equipment from a manufacturer or

wholesaler that is duly licensed by the state.

2. An out-of-state retail durable medical equipment retailer or a principal or agent of the

retailer may not conduct business in this state unless the retailer is licensed by the

board as a retail durable medical equipment retailer, paid the fee required by the

board, and is registered with the secretary of state. An applicant shall submit an

application for a license on a form furnished by the board and the applicant must be

accompanied by a copy of the certificate of authority from the secretary of state. The

issuance of a license under this section does not change or affect tax liability imposed

by this state on an out-of-state retail durable medical equipment retailer.

3. The board may adopt rules that permit an out-of-state retail durable medical

equipment retailer to obtain a license on the basis of reciprocity if the retailer

possesses a valid license granted by another jurisdiction and the legal standards for

licensure in the other jurisdiction are comparable to the standards under this chapter

and if the other jurisdiction extends reciprocity to retail durable medical equipment

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

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

retail durable medical equipment retailer shall comply with the additional requirements

of this chapter to obtain a license under this chapter.
N.D. Cent. Code § 43-26.1-16 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-16
43-26.1-16. Representations and billings without licensure prohibited - Enforcement - Injunctions
Status: in_force

43-26.1-16. Representations and billings without licensure prohibited - Enforcement -

Injunctions.

No person or business entities of any type shall practice physical therapy or hold

themselves out, represent themselves, or send out billings as providing physical therapy

services, without personal licensure or the use of licensed employees as provided in this

chapter. It shall be unlawful to employ an unlicensed physical therapist or physical therapist

assistant to provide physical therapy services. The board's executive officer, under the board's

direction, shall aid state's attorneys in the enforcement of this chapter and the prosecution of

any violations thereof. In addition to the criminal penalties provided by this chapter, the civil

remedy of injunction shall be available to restrain and enjoin violations of this chapter without

proof of actual damages sustained by any person.
N.D. Cent. Code § 43-37-04.2 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-04.2
43-37-04.2. Speech-language pathology assistant - Supervising speech-language pathologist
Status: in_force

43-37-04.2. Speech-language pathology assistant - Supervising speech-language

pathologist.

A speech-language pathology assistant is licensed by the board to work under the

supervision of a speech-language pathologist. A speech-language pathology assistant's scope

of practice is limited to tasks the supervising speech-language pathologist delegates. The

supervising speech-language pathologist shall assess the speech-language pathology

assistant's training and skills in determining which tasks may be delegated. The supervising

speech-language pathologist shall limit the delegated tasks to specific components of a speech

and language program as set forth in treatment plans developed by the supervising speech-

language pathologist.
N.D. Cent. Code § 43-15-09 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-09
43-15-09. Meetings - When held - Notice - Quorum
Status: in_force

43-15-09. Meetings - When held - Notice - Quorum

The board shall hold at least two and not more than four meetings in each calendar year for

the examination of applicants for licensure. The board may hold such other meetings as may be

necessary for the performance of its duties. A special meeting must be held at such time and

place as a majority of the members agree upon, or may be called by the secretary, at the

request of the president or any two members, by giving such notice to the members as the

board may prescribe by its rules and regulations. A majority of the board constitutes a quorum

for the transaction of business.
N.D. Cent. Code § 43-17.4-01 — ND Code / Title 43 / Chapter 43-17.4 / Section 43-17.4-01
43-17.4-01. Interstate medical licensure compact
Status: in_force

43-17.4-01. Interstate medical licensure compact

ARTICLE I - PURPOSE

In order to strengthen access to health care, and in recognition of the advances in the

delivery of health care, the member states of the interstate medical licensure compact have

allied in common purpose to develop a comprehensive process that complements the existing

licensing and regulatory authority of state medical boards and provides a streamlined process

that allows physicians to become licensed in multiple states, thereby enhancing the portability of

a medical license and ensuring the safety of patients. The compact creates another pathway for

licensure and does not otherwise change a state's existing medical practice act. The compact

also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs

where the patient is located at the time of the physician-patient encounter, and therefore,

requires the physician to be under the jurisdiction of the state medical board where the patient is

located. State medical boards that participate in the compact retain the jurisdiction to impose an

adverse action against a license to practice medicine in that state issued to a physician through

the procedures in the compact.

ARTICLE II - DEFINITIONS

In this compact:

1. "Bylaws" means those bylaws established by the interstate commission pursuant to

article XI for its governance, or for directing and controlling its actions and conduct.

2. "Commissioner" means the voting representative appointed by each member board

pursuant to article XI.

3. "Conviction" means a finding by a court, that an individual is guilty of a criminal offense

through adjudication, or entry of a plea of guilt or no contest to the charge by the

offender. Evidence of an entry of a conviction of a criminal offense by the court must

be considered final for purposes of disciplinary action by a member board.

4. "Expedited license" means a full and unrestricted medical license granted by a

member state to an eligible physician through the process set forth in the compact.

5. "Interstate commission" means the interstate commission created pursuant to

article XI.

6. "License" means authorization by a state for a physician to engage in the practice of

medicine, which would be unlawful without the authorization.

7. "Medical practice act" means laws and regulations governing the practice of allopathic

and osteopathic medicine within a member state.

8. "Member board" means a state agency in a member state which acts in the sovereign

interests of the state by protecting the public through licensure, regulation, and

education of physicians as directed by the state government.

9. "Member state" means a state that has enacted the compact.

10. "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.

11. "Physician" means any individual who:

a. Is a graduate of a medical school accredited by the liaison committee on medical

education, the commission on osteopathic college accreditation, or a medical

school listed in the international medical education directory or its equivalent;

b. Passed each component of the United States medical licensing examination

(USMLE) or the comprehensive osteopathic medical licensing examination

(COMLEX-USA) within three attempts, or any of its predecessor examinations

accepted by a state medical board as an equivalent examination for licensure

purposes;

c. Successfully completed graduate medical education approved by the

accreditation council for graduate medical education or the American osteopathic

association;

d. Holds specialty certification or a time-unlimited specialty certificate recognized by

the American board of medical specialties or the American osteopathic

association's bureau of osteopathic specialists;

e. Possesses a full and unrestricted license to engage in the practice of medicine

issued by a member board;

f. Has never been convicted or received adjudication, deferred adjudication,

community supervision, or deferred disposition for any offense by a court of

appropriate jurisdiction;

g. Has never held a license authorizing the practice of medicine subjected to

discipline by a licensing agency in any state, federal, or foreign jurisdiction,

excluding any action related to nonpayment of fees related to a license;

h. Has never had a controlled substance license or permit suspended or revoked by

a state or the United States drug enforcement administration; and

i. Is not under active investigation by a licensing agency or law enforcement

authority in any state, federal, or foreign jurisdiction.

12. "Practice of medicine" means the clinical prevention, diagnosis, or treatment of human

disease, injury, or condition requiring a physician to obtain and maintain a license in

compliance with the medical practice act of a member state.

13. "Rule" means a written statement by the interstate commission promulgated pursuant

to article XII of the compact, that is of general applicability, implements, interprets, or

prescribes a policy or provision of the compact, or an organizational, procedural, or

practice requirement of the interstate commission, and has the force and effect of

statutory law in a member state, and includes the amendment, repeal, or suspension

of an existing rule.

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

15. "State of principal license" means a member state where a physician holds a license to

practice medicine and which has been designated as such by the physician for

purposes of registration and participation in the compact.

ARTICLE III - ELIGIBILITY

1. A physician must meet the eligibility requirements as defined in subsection 11 of

article II to receive an expedited license under the terms and provisions of the

compact.

2. A physician who does not meet the requirements of subsection 11 of article II may

obtain a license to practice medicine in a member state if the individual complies with

all laws and requirements, other than the compact, relating to the issuance of a license

to practice medicine in that state.

ARTICLE IV - DESIGNATION OF STATE OF PRINCIPAL LICENSE

1. A physician shall designate a member state as the state of principal license for

purposes of registration for expedited licensure through the compact if the physician

possesses a full and unrestricted license to practice medicine in that state, and the

state is:

a. The state of primary residence for the physician;

b. The state where at least twenty-five percent of the practice of medicine occurs;

c. The location of the physician's employer; or

d. If no state qualifies under subdivision a, b, or c, the state designated as state of

residence for purpose of federal income tax.

2. A physician may redesignate a member state as state of principal license at any time,

as long as the state meets the requirements in subsection 1.

3. The interstate commission may develop rules to facilitate redesignation of another

member state as the state of principal license.

ARTICLE V - APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

1. A physician seeking licensure through the compact shall file an application for an

expedited license with the member board of the state selected by the physician as the

state of principal license.

2. Upon receipt of an application for an expedited license, the member board within the

state selected as the state of principal license shall evaluate whether the physician is

eligible for expedited licensure and issue a letter of qualification, verifying or denying

the physician's eligibility, to the interstate commission.

a. Static qualifications, which include verification of medical education, graduate

medical education, results of any medical or licensing examination, and other

qualifications as determined by the interstate commission through rule, may not

be subject to additional primary source verification if already primary source

verified by the state of principal license.

b. The member board within the state selected as the state of principal license shall,

in the course of verifying eligibility, perform a criminal background check of an

applicant, including the use of the results of fingerprint or other biometric data

checks compliant with the requirements of the federal bureau of investigation,

with the exception of federal employees who have suitability determination in

accordance with title 5, Code of Federal Regulations, section 731.202.

c. Appeal on the determination of eligibility must be made to the member state

where the application was filed and must be subject to the law of that state.

3. Upon verification in subsection 2, physicians eligible for an expedited license shall

complete the registration process established by the interstate commission to receive

a license in a member state selected pursuant to subsection 1, including the payment

of any applicable fees.

4. After receiving verification of eligibility under subsection 2 and any fees under

subsection 3, a member board shall issue an expedited license to the physician. This

license must authorize the physician to practice medicine in the issuing state

consistent with the medical practice act and all applicable laws and regulations of the

issuing member board and member state.

5. An expedited license must be valid for a period consistent with the licensure period in

the member state and in the same manner as required for other physicians holding a

full and unrestricted license within the member state.

6. An expedited license obtained though the compact must be terminated if a physician

fails to maintain a license in the state of principal licensure for a nondisciplinary

reason, without redesignation of a new state of principal licensure.

7. The interstate commission may develop rules regarding the application process,

including payment of any applicable fees, and the issuance of an expedited license.

ARTICLE VI - FEES FOR EXPEDITED LICENSURE

1. A member state issuing an expedited license authorizing the practice of medicine in

that state may impose a fee for a license issued or renewed through the compact.

2. The interstate commission may develop rules regarding fees for expedited licenses.

ARTICLE VII - RENEWAL AND CONTINUED PARTICIPATION

1. A physician seeking to renew an expedited license granted in a member state shall

complete a renewal process with the interstate commission if the physician:

a. Maintains a full and unrestricted license in a state of principal license;

b. Has not been convicted or received adjudication, deferred adjudication,

community supervision, or deferred disposition for any offense by a court of

appropriate jurisdiction;

c. Has not had a license authorizing the practice of medicine subject to discipline by

a licensing agency in any state, federal, or foreign jurisdiction, excluding any

action related to nonpayment of fees related to a license; and

d. Has not had a controlled substance license or permit suspended or revoked by a

state or the United States drug enforcement administration.

2. Physicians shall comply with all continuing professional development or continuing

medical education requirements for renewal of a license issued by a member state.

3. The interstate commission shall collect any renewal fees charged for the renewal of a

license and distribute the fees to the applicable member board.

4. Upon receipt of any renewal fees collected in subsection 3, a member board shall

renew the physician's license.

5. Physician information collected by the interstate commission during the renewal

process must be distributed to all member boards.

6. The interstate commission may develop rules to address renewal of licenses obtained

through the compact.

ARTICLE VIII - COORDINATED INFORMATION SYSTEM

1. The interstate commission shall establish a database of all physicians licensed, or who

have applied for licensure, under article V.

2. Notwithstanding any other provision of law, member boards shall report to the

interstate commission any public action or complaints against a licensed physician

who has applied or received an expedited license through the compact.

3. Member boards shall report disciplinary or investigatory information determined as

necessary and proper by rule of the interstate commission.

4. Member boards may report any nonpublic complaint, disciplinary, or investigatory

information not required by subsection 3 to the interstate commission.

5. Member boards shall share complaint or disciplinary information about a physician

upon request of another member board.

6. All information provided to the interstate commission or distributed by member boards

must be confidential, filed under seal, and used only for investigatory or disciplinary

matters.

7. The interstate commission may develop rules for mandated or discretionary sharing of

information by member boards.

ARTICLE IX - JOINT INVESTIGATIONS

1. Licensure and disciplinary records of physicians are deemed investigative.

2. In addition to the authority granted to a member board by its respective medical

practice act or other applicable state law, a member board may participate with other

member boards in joint investigations of physicians licensed by the member boards.

3. A subpoena issued by a member state must be enforceable in other member states.

4. Member boards may share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

5. Any member state may investigate actual or alleged violations of the statutes

authorizing the practice of medicine in any other member state in which a physician

holds a license to practice medicine.

ARTICLE X - DISCIPLINARY ACTIONS

1. Any disciplinary action taken by any member board against a physician licensed

through the compact must be deemed unprofessional conduct, which may be subject

to discipline by other member boards, in addition to any violation of the medical

practice act or regulations in that state.

2. If a license granted to a physician by the member board in the state of principal license

is revoked, surrendered, or relinquished in lieu of discipline or suspended, all licenses

issued to the physician by member boards must automatically be placed, without

further action necessary by any member board, on the same status. If the member

board in the state of principal license subsequently reinstates the physician's license, a

license issued to the physician by any other member board must remain encumbered

until that respective member board takes action to reinstate the license in a manner

consistent with the medical practice act of that state.

3. If disciplinary action is taken against a physician by a member board not in the state of

principal license, any other member board may deem the action conclusive as to

matter of law and fact decided, and:

a. Impose the same or lesser sanction against the physician so long as such

sanctions are consistent with the medical practice act of that state; or

b. Pursue separate disciplinary action against the physician under its respective

medical practice act, regardless of the action taken in other member states.

4. If a license granted to a physician by a member board is revoked, surrendered, or

relinquished in lieu of discipline, or suspended, any license issued to the physician by

any other member board must be suspended, automatically and immediately without

further action necessary by the other member board, for ninety days upon entry of the

order by the disciplining board, to permit the member board to investigate the basis for

the action under the medical practice act of that state. A member board may terminate

the automatic suspension of the license it issued before the completion of the

ninety-day suspension period in a manner consistent with the medical practice act of

that state.

ARTICLE XI - INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

1. The member states hereby create the interstate medical licensure compact

commission.

2. The purpose of the interstate commission is the administration of the interstate

medical licensure compact, which is a discretionary state function.

3. The interstate commission must be a body corporate and joint agency of the member

states and must have all the responsibilities, powers, and duties set forth in the

compact, and such additional powers as may be conferred upon it by a subsequent

concurrent action of the respective legislatures of the member states in accordance

with the terms of the compact.

4. The interstate commission must consist of two voting representatives appointed by

each member state who shall serve as commissioners. In states where allopathic and

osteopathic physicians are regulated by separate member boards, or if the licensing

and disciplinary authority is split between multiple member boards within a member

state, the member state shall appoint one representative from each member board. A

commissioner must be:

a. An allopathic or osteopathic physician appointed to a member board;

b. An executive director, executive secretary, or similar executive of a member

board; or

c. A member of the public appointed to a member board.

5. The interstate commission shall meet at least once each calendar year. A portion of

this meeting must be a business meeting to address such matters as may properly

come before the commission, including the election of officers. The chairperson may

call additional meetings and shall call for a meeting upon the request of a majority of

the member states.

6. The bylaws may provide for meetings of the interstate commission to be conducted by

telecommunication or electronic communication.

7. Each commissioner participating at a meeting of the interstate commission is entitled

to one vote. A majority of commissioners constitutes a quorum for the transaction of

business, unless a larger quorum is required by the bylaws of the interstate

commission. A commissioner may not delegate a vote to another commissioner. In the

absence of its commissioner, a member state may delegate voting authority for a

specified meeting to another individual from that state who must meet the

requirements of subsection 4.

8. The interstate commission shall provide public notice of all meetings and all meetings

must be open to the public. The interstate commission may close a meeting, in full or

in portion, if it determines by a two-thirds vote of the commissioners present that an

open meeting would be likely to:

a. Relate solely to the internal personnel practices and procedures of the interstate

commission;

b. Discuss matters specifically exempted from disclosure by federal statute;

c. Discuss trade secrets, commercial, or financial information that is privileged or

confidential;

d. Involve accusing a person of a crime, or formally censuring a person;

e. Discuss information of a personal nature if disclosure would constitute a clearly

unwarranted invasion of personal privacy;

f. Discuss investigative records compiled for law enforcement purposes; or

g. Specifically relate to the participation in a civil action or other legal proceeding.

9. The interstate commission shall keep minutes that fully describe all matters discussed

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

record of any roll call votes.

10. The interstate commission shall make its information and official records, to the extent

not otherwise designated in the compact or by its rules, available to the public for

inspection.

11. The interstate commission shall establish an executive committee, which must include

officers, members, and others as determined by the bylaws. The executive committee

must have the power to act on behalf of the interstate commission, with the exception

of rulemaking, during periods when the interstate commission is not in session. If

acting on behalf of the interstate commission, the executive committee shall oversee

the administration of the compact, including enforcement and compliance with the

provisions of the compact, its bylaws and rules, and other such duties as necessary.

12. The interstate commission may establish other committees for governance and

administration of the compact.

ARTICLE XII - POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission has the duty and power to:

1. Oversee and maintain the administration of the compact;

2. Promulgate rules that must be binding to the extent and in the manner provided for in

the compact;

3. Issue, upon the request of a member state or member board, advisory opinions

concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;

4. Enforce compliance with compact provisions, the rules promulgated by the interstate

commission, and the bylaws, using all necessary and proper means, including the use

of judicial process;

5. Establish and appoint committees including, an executive committee as required by

article XI which may act on behalf of the interstate commission in carrying out its

powers and duties;

6. Pay, or provide for the payment of the expenses related to the establishment,

organization, and ongoing activities of the interstate commission;

7. Establish and maintain one or more offices;

8. Borrow, accept, hire, or contract for services of personnel;

9. Purchase and maintain insurance and bonds;

10. Employ an executive director who must have such powers to employ, select, or

appoint employees, agents, or consultants, and to determine their qualifications, define

their duties, and fix their compensation;

11. Establish personnel policies and programs relating to conflicts of interest, rates of

compensation, and qualifications of personnel;

12. Accept donations and grants of money, equipment, supplies, materials, and services,

and to receive, utilize, and dispose of it in a manner consistent with the conflict of

interest policies established by the interstate commission;

13. Lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use, any property, real, personal, or mixed;

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

any property, real, personal, or mixed;

15. Establish a budget and make expenditures;

16. Adopt a seal and bylaws governing the management and operation of the interstate

commission;

17. Report annually to the legislatures and governors of the member states concerning the

activities of the interstate commission during the preceding year. Such reports must

also include reports of financial audits and any recommendations that may have been

adopted by the interstate commission;

18. Coordinate education, training, and public awareness regarding the compact, its

implementation, and its operation;

19. Maintain records in accordance with the bylaws;

20. Seek and obtain trademarks, copyrights, and patents; and

21. Perform such functions as may be necessary or appropriate to achieve the purposes

of the compact.

ARTICLE XIII - FINANCE POWERS

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

member state to cover the cost of the operations and activities of the interstate

commission and its staff. The total assessment must be sufficient to cover the annual

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

aggregate annual assessment amount must be allocated upon a formula to be

determined by the interstate commission, which shall promulgate a rule binding upon

all member states.

2. The interstate commission may not incur obligations of any kind before securing the

funds adequate to meet the same.

3. The interstate commission may not pledge the credit of any of the member states,

except by, and with the authority of, the member state.

4. The interstate commission must be subject to a yearly financial audit conducted by a

certified or licensed public accountant and the report of the audit must be included in

the annual report of the interstate commission.

ARTICLE XIV - ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

1. The interstate commission shall, by a majority of commissioners present and voting,

adopt bylaws to govern its conduct as may be necessary or appropriate to carry out

the purposes of the compact within twelve months of the first interstate commission

meeting.

2. The interstate commission shall elect or appoint annually from among its

commissioners a chairperson, a vice chairperson, and a treasurer, each of whom must

have such authority and duties as may be specified in the bylaws. The chairperson, or

in the chairperson's absence or disability, the vice chairperson, shall preside at all

meetings of the interstate commission.

3. Officers selected in subsection 2 shall serve without remuneration from the interstate

commission.

4. The officers and employees of the interstate commission must be immune from suit

and liability, either personally or in their official capacity, for a claim for damage to or

loss of property or personal injury or other civil liability caused or arising out of, or

relating to, an actual or alleged act, error, or omission that occurred, or that such

individual had a reasonable basis for believing occurred, within the scope of interstate

commission employment, duties, or responsibilities; provided that such individual may

not be protected from suit or liability for damage, loss, injury, or liability caused by the

intentional or willful and wanton misconduct of such individual.

a. The liability of the executive director and employees of the interstate commission

or representatives of the interstate commission, acting within the scope of such

individual's employment or duties for acts, errors, or omissions occurring within

such individual's state, may not exceed the limits of liability set forth under the

constitution and laws of that state for state officials, employees, and agents. The

interstate commission is considered to be an instrumentality of the states for the

purposes of any such action. This subsection may not be construed to protect

such individual from suit or liability for damage, loss, injury, or liability caused by

the intentional or willful and wanton misconduct of such individual.

b. The interstate commission shall defend the executive director, its employees, and

subject to the approval of the attorney general or other appropriate legal counsel

of the member state represented by an interstate commission representative,

shall defend such interstate commission representative in any civil action seeking

to impose liability arising out of an actual or alleged act, error, or omission that

occurred within the scope of interstate commission employment, duties, or

responsibilities, or that the defendant had a reasonable basis for believing

occurred within the scope of interstate commission employment, duties, or

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

result from intentional or willful and wanton misconduct on the part of such

individual.

c. To the extent not covered by the state involved, member state, or the interstate

commission, the representatives, or employees of the interstate commission must

be held harmless in the amount of a settlement or judgment, including attorney's

fees and costs, obtained against such individuals arising out of an actual or

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

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

reasonable basis for believing occurred within the scope of interstate commission

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

error, or omission did not result from intentional or willful and wanton misconduct

on the part of such individuals.

ARTICLE XV - RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The interstate commission shall promulgate reasonable rules in order to effectively and

efficiently achieve the purposes of the compact. Notwithstanding the foregoing, if the

interstate commission exercises its rulemaking authority in a manner that is beyond

the scope of the purposes of the compact, or the powers granted under the compact,

such an action by the interstate commission must be invalid and have no force or

effect.

2. Rules deemed appropriate for the operations of the interstate commission must be

made pursuant to a rulemaking process that substantially conforms to the model state

administrative procedure act of 2010, and subsequent amendments thereto.

3. Not later than thirty days after a rule is promulgated, any person may file a petition for

judicial review of the rule in the United States district court for the District of Columbia

or the federal district where the interstate commission has its principal offices, provided

that the filing of such a petition may not stay or otherwise prevent the rule from

becoming effective unless the court finds that the petitioner has a substantial likelihood

of success. The court shall give deference to the actions of the interstate commission

consistent with applicable law and may not find the rule to be unlawful if the rule

represents a reasonable exercise of the authority granted to the interstate commission.

ARTICLE XVI - OVERSIGHT OF INTERSTATE COMPACT

1. The executive, legislative, and judicial branches of state government in each member

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

effectuate the compact's purposes and intent. The provisions of the compact and the

rules promulgated under the compact must have standing as statutory law but may not

override existing state authority to regulate the practice of medicine.

2. All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of the

compact which may affect the powers, responsibilities, or actions of the interstate

commission.

3. The interstate commission must be entitled to receive all service of process in any

such proceeding, and must have standing to intervene in the proceeding for all

purposes. Failure to provide service of process to the interstate commission renders a

judgment or order void as to the interstate commission, the compact, or promulgated

rules.

ARTICLE XVII - ENFORCEMENT OF INTERSTATE COMPACT

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

the provisions and rules of the compact.

2. The interstate commission may, by majority vote of the commissioners, initiate legal

action in the United States district court for the District of Columbia, or, at the

discretion of the interstate commission, in the federal district where the interstate

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

compact, and its promulgated rules and bylaws, against a member state in default.

The relief sought may include both injunctive relief and damages. If judicial

enforcement is necessary, the prevailing party must be awarded all costs of such

litigation including reasonable attorney's fees.

3. The remedies in this chapter may not be the exclusive remedies of the interstate

commission. The interstate commission may avail itself of any other remedies

available under state law or the regulation of a profession.

ARTICLE XVIII - DEFAULT PROCEDURES

1. The grounds for default, include failure of a member state to perform such obligations

or responsibilities imposed upon it by the compact or the rules and bylaws of the

interstate commission promulgated under the compact.

2. If the interstate commission determines a member state has defaulted in the

performance of its obligations or responsibilities under the compact, or the bylaws or

promulgated rules, the interstate commission shall:

a. Provide written notice to the defaulting state and other member states, of the

nature of the default, the means of curing the default, and any action taken by the

interstate commission. The interstate commission shall specify the conditions by

which the defaulting state must cure its default; and

b. Provide remedial training and specific technical assistance regarding the default.

3. If the defaulting state fails to cure the default, the defaulting state must be terminated

from the compact upon an affirmative vote of a majority of the commissioners and all

rights, privileges, and benefits conferred by the compact must terminate on the

effective date of termination. A cure of the default does not relieve the offending state

of obligations or liabilities incurred during the period of the default.

4. Termination of membership in the compact must be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to terminate must be

given by the interstate commission to the governor, the majority and minority leaders

of the defaulting state's legislature, and each of the member states.

5. The interstate commission shall establish rules and procedures to address licenses

and physicians that are materially impacted by the termination of a member state or

the withdrawal of a member state.

6. The member state that has been terminated is responsible for all dues, obligations,

and liabilities incurred through the effective date of termination, including obligations

the performance of which extends beyond the effective date of termination.

7. The interstate commission may not bear any costs relating to any state that has been

found to be in default or which has been terminated from the compact, unless

otherwise mutually agreed upon in writing between the interstate commission and the

defaulting state.

8. The defaulting state may appeal the action of the interstate commission by petitioning

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

the interstate commission has its principal offices. The prevailing party must be

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

ARTICLE XIX - DISPUTE RESOLUTION

1. The interstate commission shall attempt, upon the request of a member state, to

resolve disputes that are subject to the compact and which may arise among member

states or member boards.

2. The interstate commission shall promulgate rules providing for both mediation and

binding dispute resolution as appropriate.

ARTICLE XX - MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a member state of the compact.

2. The compact must become effective and binding upon legislative enactment of the

compact into law by no less than seven states. Thereafter, the compact must become

effective and binding on a state upon enactment of the compact into law by that state.

3. The governors of nonmember states, or their designees, must be invited to participate

in the activities of the interstate commission on a nonvoting basis before adoption of

the compact by all states.

4. The interstate commission may propose amendments to the compact for enactment by

the member states. An amendment may not become effective and binding upon the

interstate commission and the member states unless and until it is enacted into law by

unanimous consent of the member states.

ARTICLE XXI - WITHDRAWAL

1. Once effective, the compact must continue in force and remain binding upon each and

every member state, provided that a member state may withdraw from the compact by

specifically repealing the statute that enacted the compact into law.

2. Withdrawal from the compact must be by the enactment of a statute repealing the

same, but may not take effect until one year after the effective date of such statute and

until written notice of the withdrawal has been given by the withdrawing state to the

governor of each other member state.

3. The withdrawing state shall immediately notify the chairperson of the interstate

commission in writing upon the introduction of legislation repealing the compact in the

withdrawing state.

4. The interstate commission shall notify the other member states of the withdrawing

state's intent to withdraw within sixty days of its receipt of notice provided under

subsection 3.

5. The withdrawing state is responsible for all dues, obligations, and liabilities incurred

through the effective date of withdrawal, including obligations, the performance of

which extend beyond the effective date of withdrawal.

6. Reinstatement following withdrawal of a member state must occur upon the

withdrawing state reenacting the compact or upon such later date as determined by

the interstate commission.

7. The interstate commission may develop rules to address the impact of the withdrawal

of a member state on licenses granted in other member states to physicians who

designated the withdrawing member state as the state of principal license.

ARTICLE XXII - DISSOLUTION

1. The compact shall dissolve effective upon the date of the withdrawal or default of the

member state which reduces the membership in the compact to one member state.

2. Upon the dissolution of the compact, the compact becomes null and void and must be

of no further force or effect, and the business and affairs of the interstate commission

must be concluded and surplus funds must be distributed in accordance with the

bylaws.

ARTICLE XXIII - SEVERABILITY AND CONSTRUCTION

1. The provisions of the compact must be severable, and if any phrase, clause, sentence,

or provision is deemed unenforceable, the remaining provisions of the compact must

be enforceable.

2. The provisions of the compact must be liberally construed to effectuate its purposes.

3. The compact may not be construed to prohibit the applicability of other interstate

compacts to which the states are members.

ARTICLE XXIV - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. This chapter does not prevent the enforcement of any other law of a member state that

is not inconsistent with the compact.

2. All laws in a member state in conflict with the compact are superseded to the extent of

the conflict.

3. All lawful actions of the interstate commission, including all rules and bylaws

promulgated by the commission, are binding upon the member states.

4. All agreements between the interstate commission and the member states are binding

in accordance with their terms.

5. If any provision of the compact exceeds the constitutional limits imposed on the

legislature of any member state, such provision must be ineffective to the extent of the

conflict with the constitutional provision in question in that member state.
N.D. Cent. Code § 43-34-10 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-10
43-34-10. Renewal of license
Status: in_force

43-34-10. Renewal of license

Every holder of a nursing home administrator's license shall renew it annually, by making

application to the board. Such renewals must be granted as a matter of course, unless the

board finds, after due notice and hearing, that the applicant has acted or failed to act in such

manner or under such circumstances as would constitute grounds for suspension or revocation

of a license.
N.D. Cent. Code § 43-28-14 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-14
43-28-14. Re-examination - Fee - Additional education
Status: repealed

43-28-14. Re-examination - Fee - Additional education

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-48-14 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-14
43-48-14. Renewal of license
Status: in_force

43-48-14. Renewal of license

A license issued under this chapter is subject to biennial renewal and expires unless

renewed in the manner prescribed by the board and upon the payment of a renewal fee. The

board may provide for the late renewal of a license upon the payment of a late fee in

accordance with its rules.
N.D. Cent. Code § 43-15.3-14 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-14
43-15.3-14. Third-party logistics providers
Status: in_force

43-15.3-14. Third-party logistics providers

1. Each third-party logistics provider shall comply with the standards for licensure;

requirements to distribute prescription drugs, medical gases, or medical equipment;

restrictions on transactions; and pedigree requirements set forward in this chapter.

2. The board shall issue a separate license to each qualified third-party logistics provider

applying for licensure.
N.D. Cent. Code § 43-11-17 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-17
43-11-17. Licenses issued for schools of cosmetology and cosmetology salons - Fee for registration
Status: repealed

43-11-17. Licenses issued for schools of cosmetology and cosmetology salons - Fee

for registration.

Repealed by S.L. 2025, ch. 386, § 36.
N.D. Cent. Code § 43-15-31.6 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.6
43-15-31.6. Prescriptive authority
Status: in_force

43-15-31.6. Prescriptive authority

1. A pharmacist whose practice is physically located within this state, acting in good faith

and exercising reasonable care, may independently prescribe drugs, drug categories,

and devices as provided in this section if each of the following requirements are met:

a. A pharmacist may prescribe drugs or devices only for conditions for which the

pharmacist is educationally prepared and competence has been achieved and

maintained.

b. A pharmacist may issue a prescription only for a legitimate medical purpose

arising from a patient-pharmacist relationship.

c. A pharmacist shall obtain adequate information about the patient's health status

to make appropriate decisions based on the applicable standard of care.

d. For each drug or drug category a pharmacist intends to prescribe, the pharmacist

shall maintain a patient assessment protocol based on current clinical guidelines,

when available, or evidence-based research findings that specify the following:

(1) Patient inclusion and exclusion criteria; and

(2) Explicit medical referral criteria.

e. A pharmacist shall revise the patient assessment protocol when necessary to

ensure continued compliance with clinical guidelines or evidence-based research

findings. The pharmacist's patient assessment protocol, and any related forms,

must be made available to the board upon request.

f. A pharmacist shall consult with and refer to other health care professionals as

appropriate, including in situations where the pharmacist's knowledge or

experience is limited.

g. A pharmacist shall develop and implement an appropriate followup care plan,

including any monitoring parameters, in accordance with clinical guidelines. The

plan may include followup care with the patient and communication with the

patient's primary care provider.

h. A pharmacist shall inquire about the identity of the patient's primary care provider

or provider of record. If a primary care provider or provider of record is identified,

the pharmacist shall provide notification to the primary care provider or provider

of record within three business days following the prescription of a drug. The

notification must include the results of any test that required the prescription and,

upon the provider's request, any relevant documentation required under

subdivision i.

i. A pharmacist shall maintain documentation adequate to justify the care provided,

including information collected as part of the patient assessment, the prescription

record, any notification provided under this section, and the followup care plan.

2. A pharmacist may prescribe any drug approved by the federal food and drug

administration which is indicated for the following conditions:

a. Lice;

b. Cold sores;

c. Motion sickness, including the prevention of motion sickness; and

d. Hypoglycemia.

3. A pharmacist may prescribe any of the following devices approved by the federal food

and drug administration:

a. Inhalation spacer;

b. Nebulizer;

c. Disposable diabetes blood sugar testing supplies;

d. Pen needles; and

e. Auto-injectors containing drugs for patients with a documented history of allergies

or anaphylaxis.

4. A pharmacist may prescribe any drug approved by the federal food and drug

administration which is indicated for the following conditions, provided the symptomatic

patient first tests positive to a test that is waived under the Federal Clinical Laboratory

Improvement Act of 1988 [Pub. L. 100-578, section 2; 102 Stat. 2903; 42 U.S.C. 263a

et seq.], as amended:

a. Influenza;

b. Group A streptococcal pharyngitis; and

c. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2.

5. If a patient tested positive for influenza, a pharmacist may prescribe an antiviral drug

to an individual who has been exposed to the infected patient and for whom the clinical

guidelines recommend chemoprophylaxis.

6. A pharmacist may prescribe any drug approved by the federal food and drug

administration for the purpose of closing a gap in clinical guidelines as follows:

a. Postexposure prophylaxis for nonoccupational exposure to human

immunodeficiency virus infection; and

b. Short-acting beta agonists for a patient with asthma who has had a prior

prescription for a short-acting beta agonist and who has a current prescription for

a long-term asthma control drug.

7. A pharmacist who successfully completes an accredited continuing pharmacy

education or continuing medical education course on travel medicine may prescribe

any noncontrolled drug recommended for individuals traveling outside the United

States which is specifically listed in the federal centers for disease control and

prevention health information for international travel publication. The pharmacist only

may prescribe drugs that are indicated for the patient's intended destination for travel.

8. If an emergency situation exists which in the professional judgment of the pharmacist

threatens the health or safety of the patient, a pharmacist may prescribe the following

drugs approved by the federal food and drug administration in the minimum quantity

necessary until the patient is able to be seen by a provider:

a. Diphenhydramine;

b. Epinephrine; and

c. Short-acting beta agonists.

9. A pharmacist may prescribe antimicrobial prophylaxis for the prevention of lyme

disease in accordance with the federal centers for disease control and prevention

guidelines.
N.D. Cent. Code § 43-28-28 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-28
43-28-28. Joint negotiations by dental providers with dental insurers
Status: in_force

43-28-28. Joint negotiations by dental providers with dental insurers

1. As authorized under this section, a dental provider and a dental insurer may enter into

voluntary non-fee-related joint negotiations. Before commencing voluntary joint

negotiations, a joint negotiation representative shall notify the attorney general of its

intent to engage in voluntary joint negotiations. The notice must be in writing and

include:

a. The matters, including terms and conditions, to be negotiated;

b. The identity and location of all dental providers participating in the voluntary joint

negotiations;

c. The identity, location, and market share of the dental insurer the dental providers

seek to engage in voluntary joint negotiations;

d. A statement explaining the circumstances create the need for voluntary joint

negotiations and the benefits anticipated from the voluntary joint negotiations;

and

e. The joint negotiation representative's procedures to ensure compliance with this

section.

2. At the time of the filing with the attorney general, the joint negotiation representative

shall provide a copy to the dental insurer of its notice and any other materials

submitted to the attorney general. The dental insurer may provide additional

information to the attorney general regarding matters described in this section.

3. The attorney general shall review the notice to determine whether the proposed

voluntary joint negotiations comply with law and public policy, and shall, within ninety

days, unless a thirty day extension is approved by the parties, notify the joint

negotiation representative and the dental insurer whether voluntary joint negotiations

are authorized under this section. The attorney general, in determining whether

voluntary joint negotiations are authorized, shall consider the following factors:

a. The stated necessity and anticipated benefits of voluntary joint negotiations;

b. The market and bargaining power of the parties;

c. A party's ability to control or steer consumers, dictate terms of contracts, impose

final or nonnegotiable terms, or dictate or limit products or services available or

offered to consumers;

d. The contract terms to be negotiated, and the contract terms' potential effect on

the ability to provide quality care or medically appropriate care without delay and

difficulty;

e. The risk of anticompetitive effects; and

f. The potential effect on price, quality, choice, or access to products or services for

consumers or others.

4. The attorney general may request additional information from the parties at any point

during the process or during the parties' negotiations.

5. Upon a determination by the attorney general that voluntary joint negotiation is

authorized under this section, and after a duly authorized officer of the dental insurer

and all dental providers seeking voluntary joint negotiations have granted written

consent, two or more dental providers practicing in the service area of the dental

insurer may jointly engage in voluntary negotiations with the dental insurer regarding

the following non-fee-related matters:

a. Definition of medical necessity and other conditions of coverage.

b. Utilization management criteria and procedures.

c. Clinical practice guidelines.

d. Preventative care and other medical management policies.

e. Patient referral standards and procedures.

f. Drug formularies and standards for prescribing off-formulary drugs.

g. Quality assurance programs.

h. Liability terms for a dental provider and dental insurer.

i. Administrative procedures.

j. Credentialing standards and procedures for selection, retention, and termination

of participating dentists.

k. Mechanisms for resolving disputes between the dental insurer and dental

providers.

l. Inclusion or alteration of a contractual term or condition, unless the inclusion or

alteration is otherwise required by federal or state law.

6. As used in this section, "fee-related matters" includes the amount of payment, the

amount of discount, procedure codes or descriptions of services covered by payment,

appropriate grouping of procedure codes, and any other matter directly relating to the

amount of reimbursements paid to or revenue received by dental providers.

7. a. Upon a determination by the attorney general that voluntary joint negotiations are

authorized under this section, dental providers may communicate with each other

and a joint negotiation representative authorized to negotiate on behalf of the

dental providers with the dental insurer concerning any contractual term or

condition to be negotiated, subject to any limitations imposed by the attorney

general. As used in this section, a "joint negotiation representative" means a

representative selected by two or more independent dental providers to engage

in voluntary joint negotiations with a dental insurer on behalf of the dental

providers.

b. The dental providers may agree to be bound by the terms and conditions

negotiated by the joint negotiation representative.

8. A person may not act as a joint negotiation representative without express permission

from the office of the attorney general.

9. a. Upon the joint negotiation representative and dental insurer determining a

voluntary agreement has been reached on contractual terms or conditions that

are the subject matter of the negotiations, the joint negotiation representative

shall submit to the attorney general, for its determination, a copy of the proposed

contract or agreed upon terms between the dental providers and the dental

insurer. At the time of the submission to the attorney general, the joint negotiation

representative shall provide a copy of the proposed materials submitted to the

attorney general to the dental insurer, which may provide additional information to

the attorney general regarding the matters in this section.

b. Within ninety days of receipt of the proposed contract or agreed upon terms, the

attorney general shall review the proposed contract or agreed upon terms and

provide a determination.

c. The attorney general may consider the following factors in reviewing a proposed

contract or term, a negotiated contract or term, and the plan of action for

implementing a negotiated contract or term under this section:

(1) Fairness of the contract and whether the contract terms are consistent with

applicable laws and regulations;

(2) Details provided about the negotiation process;

(3) The market and bargaining power of the parties;

(4) The contract terms and the benefits achieved by the parties;

(5) Potential benefit to consumers and other purchasers of dental insurance;

(6) Risk of harm to consumers and others, including the likelihood of increase in

prices or reduction in quality, choice, or access to dental care or dental

insurance;

(7) Risk of anticompetitive effects and potential effects on third parties, including

creation of barriers to entry for new market participants, unfair competition,

or exclusionary effects; and

(8) Promotion of increased infrastructure and innovation in a market.

d. Upon request from the attorney general, the joint negotiation representative, a

participating dental provider, and the dental insurer shall provide additional

information to inform the attorney general's determination under this section.

10. The attorney general may adopt rules and procedures as necessary to carry out the

responsibilities of this section.

11. This section does not apply to dental benefit plans providing covered services

exclusively or primarily to individuals who are eligible for medical assistance.

12. This section may not be construed to:

a. Permit a coordinated cessation, reduction, or limitation of dental services.

b. Affect government approval of, or otherwise restrict activity by, dental providers

which is not prohibited under federal antitrust law or require approval or contract

terms to the extent the terms are exempt from state regulation under federal law.
N.D. Cent. Code § 43-04-47 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-47
43-04-47. Perjury - Penalty
Status: repealed

43-04-47. Perjury - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 43-04-02 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-02
43-04-02. Declaration of policy
Status: in_force

43-04-02. Declaration of policy

It is hereby declared that the practice of barbering, by reason of the personal contacts

exercised therein, is a business affecting the public health, public welfare, and public safety, that

immediate public supervision and control of said occupation in the exercise of the police power

of this state and in accordance with the proper standards of said profession, are necessary to

the protection and preservation of the public health, public safety, and public welfare, and that

this chapter is enacted in the exercise of the police power of this state to protect the public

welfare, public health, and public safety.
N.D. Cent. Code § 43-40.1-08 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-08
43-40.1-08. Establishment of the occupational therapy compact commission
Status: in_force

43-40.1-08. Establishment of the occupational therapy compact commission

1. The compact member states hereby create and establish a joint public agency known

as the occupational therapy compact commission.

a. The commission is an instrumentality of the compact states.

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

brought exclusively in a court of competent jurisdiction where the principal office

of the commission is located. The commission may waive venue and jurisdictional

defenses to the extent the commission adopts or consents to participate in

alternative dispute resolution proceedings.

c. This compact may not be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

a. Each member state has and is limited to one delegate selected by that member

state's licensing board.

b. The delegate must be:

(1) A current member of the licensing board, who is an occupational therapist,

occupational therapy assistant, or public member; or

(2) An administrator of the licensing board.

c. A delegate may be removed or suspended from office as provided by the law of

the state from which the delegate is appointed.

d. The member state board shall fill any vacancy occurring in the commission within

ninety days.

e. Each delegate is entitled to one vote with regard to the adoption of rules and

creation of bylaws and must have an opportunity to participate in the business

and affairs of the commission. A delegate shall vote in person or by any other

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

participation in meetings by telephone or other means of communication.

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

meetings must be held as provided in the bylaws.

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

3. The commission has the power and duty to:

a. Establish a code of ethics for the commission.

b. Establish the fiscal year of the commission.

c. Establish bylaws.

d. Maintain financial records in accordance with the bylaws.

e. Meet and take actions consistent with the provisions of this compact and the

bylaws.

f. Adopt uniform rules to facilitate and coordinate implementation and administration

of this compact. The rules have the force and effect of law and are binding in all

member states.

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

provided the standing of any state occupational therapy licensing board to sue or

be sued under applicable law is not affected.

h. Purchase and maintain insurance and bonds.

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

member state.

j. Hire employees, elect or appoint officers, fix compensation, define duties, grant

the individuals appropriate authority to carry out the purposes of the compact,

and establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters.

k. Accept any and all appropriate donations and grants of money, equipment,

supplies, materials and services, and receive, use and dispose of the same;

provided that at all times the commission avoids any appearance of impropriety

and conflict of interest.

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

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

avoids any appearance of impropriety.

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

of any property; real, personal, or mixed.

n. Establish a budget and make expenditures.

o. Borrow money.

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

regulators, state legislators or their representatives, and consumer

representatives, and other interested persons as designated in this compact and

the bylaws.

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

agencies.

r. Establish and elect an executive committee.

s. Perform other functions as necessary or appropriate to achieve the purposes of

this compact consistent with the state regulation of occupational therapy licensure

and practice.

4. The executive committee.

a. The executive committee has the power to act on behalf of the commission

according to the terms of this compact.

b. The executive committee is composed of nine members:

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

membership of the commission;

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

therapy professional association; and

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

therapy certification organization.

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

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

provided in bylaws.

e. The executive committee shall:

(1) Meet at least annually;

(2) Recommend to the entire commission changes to the rules or bylaws,

changes to this compact legislation, fees paid by compact member states

including, annual dues, and any commission compact fee charged to

licensees for the compact privilege;

(3) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(4) Prepare and recommend the budget;

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

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

reports to the commission;

(7) Establish additional committees as necessary; and

(8) Perform other duties as provided in rules or bylaws.

5. Meetings of the commission.

a. All meetings must be open to the public, and public notice of meetings must be

given in the same manner as required under the rulemaking provisions in section

43-40.1-10.

b. The commission or the executive committee or other committees of the

commission may convene in a closed, nonpublic meeting if the commission or

executive committee or other committees of the commission must discuss:

(1) Noncompliance of a member state with its obligations under the compact;

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

procedures related to specific employees or other matters related to the

commission's internal personnel practices and procedures;

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

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

or real estate;

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

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

privileged or confidential;

(7) Disclosure of information of a personal nature if disclosure would constitute

a clearly unwarranted invasion of personal privacy;

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

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

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

responsibility of investigation or determination of compliance issues

pursuant to the compact; or

(10) Matters specifically exempted from disclosure by federal or member state

statute.

c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the

commission's legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision.

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

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons for taking the actions, including a description of the views

expressed. All documents considered in connection with an action must be

identified in the minutes. All minutes and documents of a closed meeting must

remain under seal, subject to release by a majority vote of the commission or

order of a court of competent jurisdiction.

6. Financing of the commission.

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

expenses of its establishment, organization, and ongoing activities.

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

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

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

member state or impose fees on other parties to cover the cost of the operations

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

sufficient to cover its annual budget as approved by the commission each year for

which revenue is not provided by other sources. The aggregate annual

assessment amount must be allocated based on a formula determined by the

commission, which shall adopt a rule binding on all member states.

d. The commission may not incur obligations before securing adequate funds to

meet the obligations or pledge the credit of any of the member states, except by

and with the authority of the member state.

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

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

accounting procedures established under its bylaws. All receipts and

disbursements of funds handled by the commission must be audited yearly by a

certified or licensed public accountant, and the report of the audit must be

included in and become part of the annual report of the commission.

7. Qualified immunity, defense, and indemnification.

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

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

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

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

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

a reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities. This subdivision may not be construed to

protect any such individual from suit or liability for any damage, loss, injury, or

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

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

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

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

scope of commission employment, duties, or responsibilities, or that the individual

against whom the claim is made had a reasonable basis for believing occurred

within the scope of commission employment, duties, or responsibilities. This

subdivision may not be construed to prohibit that individual from retaining counsel

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

individual's intentional, willful, or wanton misconduct.

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

executive director, employee, or representative of the commission for the amount

of any settlement or judgment obtained against that individual arising out of any

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

commission employment, duties, or responsibilities, or that the individual had a

reasonable basis for believing occurred within the scope of commission

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

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

that individual.
N.D. Cent. Code § 43-18-13 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-13
43-18-13. License - How obtained - Fee
Status: in_force

43-18-13. License - How obtained - Fee

Any person qualified under the rules of the board who desires to take the examination to

become a registered and licensed plumber shall make application to the board therefor and pay

to the treasurer of the board the examination fee. Such fee may not exceed two hundred dollars

for a master plumber's certificate and license and one hundred dollars for a journeyman

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

its judgment it is deemed advisable, may reduce the amount of the examination fees, but it may

not increase the same above the amount specified in this section. Any such change must be

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

apply to all examination fees in the classes specified in the ruling. The applicant shall appear at

the next regular meeting of the board for examination of applicants. If upon examination the

applicant is found by the board to be qualified as a master plumber or journeyman plumber, or

both, it shall issue to the applicant a certificate of registration and license which entitles the

applicant to do the work and be a plumber as specified in the license. A master plumber's and

journeyman plumber's license may be issued to one and the same person, and the holder of a

master plumber's license may be granted a journeyman plumber's license without the payment

of the journeyman's fee. All certificates and licenses must be numbered consecutively and may

not be transferable, and no person may work under the license issued to another person.

Should a person fail upon examination to qualify as a master or journeyman plumber, such

person has the right to review the examination to determine the reasons for failure and has the

right to appeal to the board.
N.D. Cent. Code § 43-32-28.1 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-28.1
43-32-28.1. Hearing
Status: in_force

43-32-28.1. Hearing

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

section 28-32-21 applies only to the licensee or applicant.
N.D. Cent. Code § 43-44-05 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-05
43-44-05. Fees
Status: in_force

43-44-05. Fees

The board shall set and collect fees for application, initial license, renewal of license, late

renewal, and provisional license. These fees must be set in such an amount not to exceed two

hundred fifty dollars as to reimburse the board, to the extent feasible, for the cost of the services

rendered. The board shall waive initial licensure and renewal licensure fees for active duty

military and active duty military spouses serving in the United States armed forces in North

Dakota.
N.D. Cent. Code § 43-23-23 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-23
43-23-23. Errors and omissions coverage not required if premium limit unobtainable
Status: in_force

43-23-23. Errors and omissions coverage not required if premium limit unobtainable

If the real estate commission is unable to obtain errors and omissions insurance coverage

at a reasonable premium, the errors and omissions insurance requirement of this section does

not apply during the year for which coverage cannot be obtained.
N.D. Cent. Code § 43-10-04 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-04
43-10-04. Meetings of the board - Quorum
Status: in_force

43-10-04. Meetings of the board - Quorum

The board shall meet at least once a year, and may hold such special meetings as the

proper and efficient discharge of its duties requires. Timely notice of all meetings must be given

to every member of the board. Three members constitute a quorum for the transaction of

business.
N.D. Cent. Code § 43-15-18.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-18.1
43-15-18.1. Conviction not bar to license - Exceptions
Status: in_force

43-15-18.1. Conviction not bar to license - 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 pharmacist or that, following conviction of any offense, the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-32-22 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-22
43-32-22. Time and place of examination
Status: in_force

43-32-22. Time and place of examination

The time and place of examination must be designated by the board and notice thereof

must be given to each applicant. Such examinations must be given annually and at such other

times as in the opinion of the board the number of applicants warrants.
N.D. Cent. Code § 43-36-03 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-03
43-36-03. Board - Qualifications
Status: in_force

43-36-03. Board - Qualifications

Each member of the board must be a citizen of the United States and a resident of this

state.
N.D. Cent. Code § 43-06-16.1 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-16.1
43-06-16.1. Certified chiropractic clinical assistant
Status: in_force

43-06-16.1. Certified chiropractic clinical assistant

1. A person may not practice as a certified chiropractic clinical assistant or claim to be a

chiropractic assistant without certification from the board. The fee for initial certification

may not exceed one hundred dollars per year and must be set by the board from time

to time. The board may grant a temporary certification to an initial applicant who is

waiting for a criminal history background check to be completed. This temporary

certification expires automatically upon the applicant receiving a regular certification or

being notified the application has been denied.

2. To be certified to practice as a certified chiropractic clinical assistant, an applicant shall

provide evidence satisfactory to the board the applicant:

a. Graduated from high school, or holds a graduate equivalency degree.

b. Is at least eighteen years of age.

c. Successfully completed the certified chiropractic clinical assistant program and

examination by the federation of chiropractic licensing boards.

d. Successfully completed a criminal history record check as authorized by section

43-06-11.1.

e. Completed an application in a manner and form provided by the board.

f. Paid all applicable fees relative to the application process as determined by the

board.

g. Received practical experience to the extent required to demonstrate competency

to safely provide patient care pertinent to the chiropractic office at which the

certified chiropractic clinical assistant is employed.

3. A certified chiropractic clinical assistant who is certified in another jurisdiction may

apply for certification. The applicant shall provide evidence satisfactory to the board

the applicant:

a. Has current practice privilege in good standing as a certified chiropractic clinical

assistant or equivalent granted by at least one jurisdiction with requirements

similar to or greater than the requirements of this board; and

b. Presented to the board current documentation that any practice privilege granted

by another jurisdiction as a certified chiropractic clinical assistant or equivalent

has not been suspended, revoked, or otherwise restricted for any reason except

nonrenewal.

4. A minimum passing examination result is required to obtain certification. The board

may accept a chiropractic clinical assistant program examination such as the

federation of chiropractic licensing board-certified chiropractic clinical assistant

program examination or its board-approved successor or equivalent.

5. The fee for renewal of the certification may not exceed one hundred dollars per year

and must be set by the board from time to time. A certificate in this state is valid for

one year and must be renewed on or before March first of every year.

a. A certified chiropractic clinical assistant shall obtain three hours of continuing

education every year after the initial certification to renew certification. These

hours must be a program or seminar approved by providers of approved

continuing education, a seminar approved for continuing education by another

state's board of chiropractic examiners or equivalent, or a seminar otherwise

approved by the board. Proof of meeting continuing education requirements must

be submitted with the certified chiropractic clinical assistant's renewal application.

b. For an applicant who first receives initial certification between December first of

the year immediately before renewal and March first, the certification is deemed

to be automatically renewed on March first for an additional year without payment

of an additional renewal fee.

6. A certified chiropractic clinical assistant must be under the direct supervision of a North

Dakota licensed chiropractor in good standing with the board. Direct supervision

means the oversight provided by the chiropractor over the clinical services performed

by a certified chiropractic clinical assistant, and requires the chiropractor to be on the

premises at all times and readily available to instruct the certified chiropractic clinical

assistant throughout the performance of the clinical services.

7. The certified chiropractic clinical assistant may assist the chiropractor in patient care

involving physiotherapy, electrotherapy, hydrotherapy, chiropractic rehabilitative

therapy, administrative processes, and other activities as needed to assist in the

practice of chiropractic. The certified chiropractic clinical assistant may perform

delegated duties commensurate with the certified chiropractic clinical assistant's

education and training, but may not evaluate, interpret, design, or modify established

treatment programs of chiropractic care or violate any statute. Certified chiropractic

clinical assistants may not participate in clinical decisionmaking, render manipulative

chiropractic care, create or change the course of a chiropractic treatment plan, or

represent themselves as independent health care providers. A certified chiropractic

clinical assistant may not perform medical imaging unless also licensed under chapter

43-62.

8. The board may deny certification of an applicant, or may revoke, suspend, or take

other appropriate disciplinary or corrective action regarding the certification of any

certified chiropractic clinical assistant who:

a. Has a mental or physical condition that renders the individual unable to safely

engage in patient care.

b. Has been declared incompetent by a court.

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

impairing the certified chiropractic clinical assistant's ability to practice safely.

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

e. Has engaged in unprofessional or dishonorable conduct.

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

harm or bodily injury to another individual, corruption, or dishonesty which would

affect the certified chiropractic clinical assistant's ability to safely engage in

patient care.

g. Has aided or assisted a noncertified individual to practice as a certified

chiropractic clinical assistant.

h. Has made advertising statements that are deceiving or misleading to the public.

i. Has had disciplinary action taken in another jurisdiction.

j. Has committed any violation of regulations regarding chiropractic found in this

chapter or rules adopted by the board.

k. Has practiced as a certified chiropractic clinical assistant while the certification

was suspended or revoked.

l. Is found to have committed unprofessional conduct, which includes:

(1) Willfully harassing, abusing, or intimidating a patient either physically or

verbally.

(2) Any conduct that has endangered or is likely to endanger the health or

safety of the public.

(3) Conviction of a crime related to the qualification of a certified chiropractic

clinical assistant.

(4) Conviction of a felony or any offense involving sexual misconduct, infliction

of physical harm or bodily injury to another individual, dishonesty, or

corruption.

(5) Conviction of violating any law or regulation concerning the dispensing or

administration of narcotics, dangerous drugs, or controlled substances.

(6) Knowingly making or signing any false certificates related to the chiropractic

care administered.

(7) Participation in any act of fraud.

(8) Except as required by law, the unauthorized disclosure of any information

about a patient revealed or discovered during the course of examination or

treatment.

(9) Delegating professional responsibilities to a person that is not certified to

provide the services.

(10) Initiating or engaging in any sexual conduct, sexual activities, or sexualizing

behavior involving a current patient even if the patient attempts to sexualize

the relationship, except when the patient is the certified chiropractic clinical

assistant's spouse or significant other.

9. Disciplinary procedures will be conducted in accordance with chapter 28-32, with the

following provisions:

a. Complaints must be filed and signed in written form or may be considered by the

board on the board's own motion.

b. The board shall notify the certified chiropractic clinical assistant and the employer

regarding any complaints filed. Full and timely cooperation is required in the

investigation.

c. The board may appoint a peer review committee at the board's discretion. The

peer review committee has the same authority as a peer review committee

appointed under section 43-06-14.1.

d. If the board finds probable cause to impose disciplinary action, the board shall

prepare a complaint and serve the complaint to the certified chiropractic clinical

assistant and employer.

10. Certification is not required for individuals who solely perform administrative activities

of a nonclinical nature.
N.D. Cent. Code § 43-03-17 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-17
43-03-17. Certificates of registration - Term
Status: in_force

43-03-17. Certificates of registration - Term

An initial certificate of registration as an architect or a landscape architect expires on June

thirtieth of the year following the date of issuance. A renewed certificate of registration is valid

for two years.
N.D. Cent. Code § 43-12.1-09.1 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-09.1
43-12.1-09.1. Nursing licensure or registration - Criminal history record checks
Status: in_force

43-12.1-09.1. Nursing licensure or registration - Criminal history record checks

The board shall require each applicant for initial licensure and registration, including

applicants for a multistate license under chapter 43-12.4, to submit to a statewide and

nationwide criminal history record check. The board may require any licensee or registrant who

is renewing a license or registration, including renewal of a multistate license under chapter

43-12.4, and any licensee or registrant who is the subject of a disciplinary investigation or

proceeding 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
N.D. Cent. Code § 43-32-08.1 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-08.1
43-32-08.1. Continuing education requirements
Status: in_force

43-32-08.1. Continuing education requirements

The board shall adopt rules establishing requirements for the continuing education of all

licensees, psychology residents, and industrial-organizational psychology residents. The board

may refuse to renew, suspend, revoke, or place on probationary status any license issued under

this chapter if the licensee fails to meet applicable continuing education requirements. Sponsors

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

determined by the board.
N.D. Cent. Code § 43-15.2-01 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-01
43-15.2-01. Definitions
Status: in_force

43-15.2-01. Definitions

In addition to the definitions under section 43-15-01, in this chapter unless the context

otherwise requires:

1. "Donor" means a person that donates to the program legend drugs, devices, or

supplies needed to administer such drugs.

2. "Participant" means a practitioner or pharmacy that has elected to participate in the

program and accepts legend drugs, devices, and supplies from donors for the

program.

3. "Program" means the legend drug donation and repository program established under

this chapter.

4. "Supplies" means any supplies used in the administration of a legend drug.
N.D. Cent. Code § 43-33-01 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-01
43-33-01. Definitions
Status: in_force

43-33-01. Definitions

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

1. "Board" means the board of hearing aid specialists.

2. "Hearing aid" or "hearing instrument" means any wearable instrument or device

designed for or offered for the purpose of aiding or compensating for impaired human

hearing and any parts, attachments, or accessories including earmold, but excluding

batteries, cords, and earmold tubing.

3. "License" means a license issued under this chapter to a hearing aid specialist.

4. "Licensee" means a hearing aid specialist licensed under this chapter.

5. "Practice of fitting and dispensing hearing instruments" means the measurement of

human hearing to determine hearing loss by means of an audiometer or by any means

solely for the purpose of making selections, adaptations, repairs, or sale of hearing

instruments. The term also includes the making of impressions for earmolds. A

licensee, at the request of a physician or member of related professions, may make

audiograms for the professional's use in consultation with the hard-of-hearing.

6. "Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment, or

any other contract. This excludes wholesale to distributors or dispensers.

7. "Trainee permit" means a temporary permit issued while an applicant is in training to

become a licensee.
N.D. Cent. Code § 43-51-08 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-08
43-51-08. Discipline
Status: in_force

43-51-08. Discipline

A foreign practitioner's authority to practice an occupation or profession under this chapter is

subject to denial, probation, suspension, revocation, or other form of discipline for the same

grounds as individuals licensed by the appropriate board in this state. In addition to other

grounds for disciplinary action authorized by law, a person who holds a license issued by a

board may be subject to disciplinary action in this state for:

1. Failing to adequately review services provided by a foreign practitioner under this

chapter;

2. Unauthorized practice of the person's occupation or profession in another state or

jurisdiction, including the delivery of services by a licenseholder in this state to a

recipient of services in another state or jurisdiction;

3. Acts occurring in another state or jurisdiction which could subject the person to

disciplinary action if those acts occurred in this state; or

4. Acts occurring in another state or jurisdiction which could subject the person to

disciplinary action if the person held a license in that state or jurisdiction.

A disciplinary action under this section against a foreign practitioner is subject to chapter 28-32.
N.D. Cent. Code § 43-05-07 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-07
43-05-07. Secretary-treasurer of board - Duties - Record - Reports
Status: repealed

43-05-07. Secretary-treasurer of board - Duties - Record - Reports

The secretary-treasurer of the board shall have the following duties:

1. Keep a full record of the proceedings of the board.

2. Repealed by S.L. 1971, ch. 510, § 15.

3. At such times as may be required by the board, furnish a complete statement of

receipts and disbursements under oath, together with vouchers, receipts, and such

other evidence of the receipts and disbursements as may be required by the board.
N.D. Cent. Code § 43-36-10 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-10
43-36-10. General requirements for registration - Professional soil classifier
Status: in_force

43-36-10. General requirements for registration - Professional soil classifier

To be eligible for registration as a professional soil classifier or certification as a soil

classifier-in-training, an applicant must be of good character and reputation and shall submit a

written application to the board containing such information as the board may require, together

with three references, one of which must be from a professional soil classifier having personal

knowledge of the applicant's soil classifying experience; or in the case of an application for

certification as a soil classifier-in-training, by three character references.
N.D. Cent. Code § 43-23.3-07 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-07
43-23.3-07. Examination requirement
Status: in_force

43-23.3-07. Examination requirement

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

general appraiser to an individual who has successfully completed the appropriate national

examination as required by the appraisal foundation appraisal qualification board criteria.
N.D. Cent. Code § 43-23-12.2 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-12.2
43-23-12.2. Duties supersede common law
Status: in_force

43-23-12.2. Duties supersede common law

1. The duties of a real estate brokerage firm, and the firm's licensees, as specified in this

chapter or in rules adopted to implement this chapter, supersede any fiduciary duties

of that real estate brokerage firm and the firm's licensees, to a person based on

common-law principles of agency to the extent that those common-law fiduciary duties

are inconsistent with the duties specified in this chapter or in rules adopted to

implement this chapter.

2. A client is not liable for a wrongful act, an error, an omission, or a misrepresentation

made by a licensee in connection with the licensee providing brokerage services for

the client, including brokerage services provided under a subagency relationship,

unless the client knows or should have known of the wrongful act, error, omission, or

misrepresentation or unless the licensee is repeating a misrepresentation made by the

client. This subsection supersedes any conflicting common-law duty of the client.

3. A real estate brokerage firm that is providing brokerage services to a client is not liable

for a wrongful act, an error, an omission, or a misrepresentation made by the client,

listing agent of another real estate brokerage firm, or subagent of another real estate

brokerage firm, unless the real estate brokerage firm knew or should have known of

the wrongful act, error, omission, or misrepresentation or unless the client, listing agent

of another real estate brokerage firm, or subagent of another real estate brokerage

firm is repeating a misrepresentation made by the real estate brokerage firm.

4. This section does not limit the liability of a licensee under section 43-23-11.1 nor of a

client for substantial and willful misrepresentations made in reference to a real estate

transaction. As used in this section, the term "real estate brokerage firm" includes the

firm and brokers and agents who work for the firm.
N.D. Cent. Code § 43-15-39 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-39
43-15-39. Permit and renewal permit posted - Not transferable
Status: in_force

43-15-39. Permit and renewal permit posted - Not transferable

The permit to operate and maintain a pharmacy in this state, and the renewal thereof, must

be posted and exposed in a conspicuous place in the pharmacy. Such permit or renewal permit

is not transferable.
N.D. Cent. Code § 43-28-10.2 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-10.2
43-28-10.2. Volunteer license
Status: in_force

43-28-10.2. Volunteer license

The board may establish rules governing the issuance of a volunteer license to practice

dentistry to an individual previously licensed in this state or an individual who holds a license, in

good standing, to practice dentistry issued by another state.
N.D. Cent. Code § 43-23-11.1 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-11.1
43-23-11.1. Investigations, grounds for refusal, suspension or revocation of license - Hearing - Appeal
Status: in_force

43-23-11.1. Investigations, grounds for refusal, suspension or revocation of license -

Hearing - Appeal.

1. The commission upon its own motion may investigate, and upon the verified complaint

in writing of any person, shall investigate the activities of any licensee or any person

that assumes to act in such capacity within the state, and has the power to suspend or

revoke a license, impose a monetary fine and actual costs incurred by the commission

in the investigation and prosecution of the complaint, require course attendance, or

issue a letter of reprimand, or any combination thereof, if the licensee, in performing or

attempting to perform any of the acts included within the scope of this chapter, has

performed one or more of the following:

a. Making a material false statement in the licensee's application for a license or in

any information furnished to the commission.

b. Making any substantial and willful misrepresentation with reference to a real

estate transaction which is injurious to any party.

c. Making any false promise of a character such as to influence, persuade, or

induce a party to a real estate transaction to that person's injury or damage.

d. Acting for more than one party in a transaction without the knowledge and

consent of all parties to that transaction for whom the licensee acts.

e. Failing to account for or to remit, within a reasonable time, any moneys coming

into the licensee's possession belonging to others; commingling funds of others

with the licensee's own, failing to keep such funds of others in an escrow or trust

account with a bank or other recognized depository in this state, or keeping

records relative to the deposit, which must contain such information as may be

prescribed by the rules and regulations of the commission relative thereto.

f. Being convicted or pleading guilty or nolo contendere before any court of any

felony, or of a misdemeanor involving theft, forgery, embezzlement, obtaining

money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or

other similar offense. A certified copy of the record of conviction is conclusive

evidence of conviction in such cases.

g. Claiming or taking of any secret or undisclosed amount of compensation or

commission or the failure of a licensee to reveal to the licensee's principal or

employer the full amount of the licensee's compensation or commission in

connection with any acts for which a license is required under this chapter.

h. Failing or refusing upon demand to produce any document, book, or record in the

licensee's possession or under that person's control, concerning any real estate

transaction under investigation by the commission.

i. Offering real property for sale or lease without the knowledge and consent of the

owner or the owner's authorized agent or on any terms other than those

authorized by the owner or agent.

j. Refusing, because of race, color, national origin, religion, sex, age, physical or

mental disability, or status with respect to marriage or public assistance to show,

sell, lease, or rent any real estate to prospective renters, lessees, or purchasers.

k. Failing or refusing upon demand to furnish copies of any document pertaining to

any transaction dealing with real estate to any person whose signature is affixed

to the document.

l. Paying compensation or commission in connection with any real estate sale,

lease, or other transaction to any person that is not licensed as a real estate

broker or real estate salesperson under this chapter.

m. Failing to disclose to an owner the licensee's intention or true position if the

licensee directly or indirectly through a third party purchases for the licensee or

acquires or intends to acquire any interest in or any option to purchase property

that has been listed with the licensee's office for sale or lease.

n. Failing to include a fixed date of expiration in any written listing agreement and

failing to leave a copy of the agreement with the principal.

o. A broker failing to deliver to the party or parties represented by the broker a

complete detailed closing statement in every real estate transaction, at the time

the transaction is consummated, showing all of the receipts and disbursements

handled by the broker for the party or parties represented by the broker, and to

retain true copies of the statements in the broker's files.

p. Violating any provisions of this chapter or rule or regulation adopted by the

commission.

q. Accepting a commission or valuable consideration as a real estate salesperson

for the performance of any of the acts specified in this chapter, or by rule or

regulation of the commission, from any person except the licensed real estate

broker under whom the individual is licensed as a salesperson.

r. If the licensee is a broker, allowing any unlicensed salesperson to do any act or

engage in any activity regulated by this chapter or under rule or regulation of the

commission which is carried on in the name of or under the authority of the

broker.

s. A salesperson failing to place with that salesperson's employing broker for

deposit in the brokerage trust account all real estate trust moneys received by the

salesperson within twenty-four hours of the time of receipt; or failure of the

employing broker to place the moneys for deposit within twenty-four hours of the

time of receipt from the salesperson. Provided that if trust money is received on a

day before a holiday or on another day before which the depository is closed

where the trust fund is maintained, the moneys must then be deposited during the

next business day of the depository.

t. The licensee failing to reduce an offer to writing when a proposed purchaser

requests the offer be submitted to the seller, or failure of the licensee to submit all

offers to a seller when the offers are received before the seller accepting an offer

in writing and until the broker has knowledge of the acceptance.

u. Any other conduct, whether of the same or of a different character than specified

in this subsection, which constitutes dishonesty or fraudulent conduct, whether

arising within or without the pursuit of that person's licensed privilege.

v. Any conduct that in the determination of the commission does not meet the

generally accepted standard of expertise, care, or professional ability expected of

real estate brokers or salespersons, provided that any disciplinary measures by

the commission under this subdivision must be limited to the issuance of a letter

of reprimand to the offending licensee.

2. If the commission declines or fails to approve an application submitted to the

commission, the commission immediately shall give notice of that fact to the applicant,

and upon request from the applicant, filed within twenty days after the receipt of the

notice, shall fix a time and place for hearing, of which twenty days' notice must be

given to the applicant and to other persons interested or protesting, to offer evidence

relating to the application. In such cases the commission shall fix the time for such

hearing on a date within sixty days from receipt of the request for the particular

hearing, provided the time of hearing may be continued from time to time with the

consent of the applicant. As a result of such hearing, the commission may approve the

application if all other applicable provisions of this chapter have been met, and permit

the applicant to take the examination to determine whether the applicant must be

licensed, or the commission may sustain the commission's prior decision refusing to

approve the application.

3. A license may not be revoked or suspended, a monetary fine or actual costs may not

be imposed, course attendance may not be required, nor any letter of reprimand

issued except after hearing before the commission with a copy of the charges having

been duly served upon the licensee and upon sustaining of the charges for

suspension, revocation, fine, payment of actual costs incurred, required course

attendance, or reprimand. The provisions of chapter 28-32 apply to and govern all

proceedings for suspension, revocation, fine, payment of actual costs incurred,

required course attendance, or reprimand of licenses or licensees.

4. In any order or decision issued by the commission in resolution of a disciplinary

proceeding in which disciplinary action is imposed against a licensee, the commission

may direct the licensee to pay a fine not to exceed five thousand dollars and actual

costs, including attorney's fees, incurred by the commission in the investigation and

prosecution of the case. All fines collected must be deposited in the commission's

license fee account.
N.D. Cent. Code § 43-25-15 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-15
43-25-15. Disposition of money received by the board
Status: repealed

43-25-15. Disposition of money received by the board

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-18-21 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-21
43-18-21. Apprenticeship
Status: in_force

43-18-21. Apprenticeship

Every apprentice plumber shall, within thirty days after beginning apprenticeship, register

with the state plumbing board on a registration application form which will be supplied by the

board, showing date of beginning apprenticeship, age, schooling, previous experience,

employer, and such other information as the board may require, except that a person who is

working in a school-work program need not register. A registration certificate issued under the

provisions of this section shall be valid for only one year and shall expire on the thirty-first day of

December of the year in which it was issued. The certificate shall be renewed by the board upon

application made within thirty days after the expiration thereof and on payment of the sum set by

the board, but not to exceed twenty dollars for the first year, thirty dollars for the second year,

forty dollars for the third year, and fifty dollars for the fourth year of apprenticeship. The fee after

a four-year term of apprenticeship is the same as the fee for a journeyman plumber. This

certificate of registration shall be the license required to be employed as a plumber's apprentice

in this state.
N.D. Cent. Code § 43-36-17 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-17
43-36-17. Certificates
Status: in_force

43-36-17. Certificates

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

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

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

classifiers-in-training. Certificates of registration must carry the designation "professional soil

classifier", must show the full name of the registrant without any titles, must be numbered, and

must be signed by the chairman and the secretary under the seal of the board. The issuance of

a certificate of registration by the board is prima facie evidence that the person named therein is

entitled to all the rights and privileges of a professional soil classifier during the term for which

the certificate is valid providing the certificate has not been revoked or suspended.
N.D. Cent. Code § 43-41-12.1 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-12.1
43-41-12.1. Inactive license - Surrender
Status: repealed

43-41-12.1. Inactive license - Surrender

Repealed by S.L. 1997, ch. 379, § 8.
N.D. Cent. Code § 43-32-06.1 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-06.1
43-32-06.1. Authority to appoint or employ
Status: in_force

43-32-06.1. Authority to appoint or employ

The board may appoint, contract with, or employ persons to assist the board in carrying out

its duties under this chapter.
N.D. Cent. Code § 43-29-12.3 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-12.3
43-29-12.3. Practice of veterinary medicine - Location of practice
Status: in_force

43-29-12.3. Practice of veterinary medicine - Location of practice

The provision of veterinary services to a patient in this state which fall within the standard of

practice of veterinary medicine regardless of the means by which the services are provided or

the physical location of the person providing those services, constitutes the practice of

veterinary medicine in this state and is subject to regulation by the board.
N.D. Cent. Code § 43-23.3-13 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-13
43-23.3-13. Principal place of business
Status: in_force

43-23.3-13. Principal place of business

A permittee shall notify the board of the address of the permittee's place of business. Within

twenty days of a change in the address of the place of business, the permittee shall give written

notification of the change to the board.
N.D. Cent. Code § 43-42-02 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-02
43-42-02. State board of respiratory care
Status: in_force

43-42-02. State board of respiratory care

1. The state board of respiratory care is responsible for the enforcement and

administration of this chapter and for the adoption of any rules necessary to govern the

practice of respiratory care in this state.

2. The board consists of seven members appointed by the governor. Four members must

be respiratory therapists, chosen from a list of eight respiratory therapists supplied to

the governor by the North Dakota society for respiratory care. One member must be a

physician chosen from a list of two physicians supplied to the governor by the North

Dakota medical association. The governor shall appoint one member to be a

representative of the general public. One member must be a registered

polysomnographic technologist chosen from a list of candidates recommended to the

governor by the association of polysomnographic technologists. Members are

appointed for terms of three years. Each member holds office until the member's

successor is duly appointed and qualified. A vacancy in the office of any member may

be filled for the unexpired term only. No member may serve more than two successive

complete terms.

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

meet at least twice each year and also shall meet upon the call of the chairman.
N.D. Cent. Code § 43-20-13.2 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-13.2
43-20-13.2. Registration of dental assistants
Status: in_force

43-20-13.2. Registration of dental assistants

To be registered as a registered dental assistant, qualified dental assistant, dental

anesthesia assistant, qualified dental assistant limited radiology registrant, or for any individual

to be issued a permit, credential, or endorsement by the board related to dental assisting, an

individual shall apply and meet the requirements established by the board by rule.
N.D. Cent. Code § 43-60-04 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-04
43-60-04. Temporary license
Status: in_force

43-60-04. Temporary license

1. The board may issue a temporary license to an applicant who pays the temporary

license fee and meets all the qualifications for licensure, except the successful

completion of the certification examination if the applicant submits evidence to the

board that the applicant is a candidate accepted to write the certification examination.

2. A temporary licensee shall take the certification examination within eighteen months of

obtaining the temporary license. If a temporary licensee fails the first sitting of the

certification examination or the temporary license expires, the temporary licensee may

reapply for another temporary license. A temporary license may not be issued or

reissued if the applicant failed the certification examination three times.

3. A temporary license expires on the occurrence of the following:

a. Issuance of a regular license;

b. Failure to pass the board-approved examination; or

c. Expiration of the term for which the temporary license was issued.

4. A temporary licensee's practice is limited to practice under the supervision of a

licensed genetic counselor or under the supervision of a physician approved by the

board if that physician has a current ABMG certification in clinical genetics.
N.D. Cent. Code § 43-32-06 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-06
43-32-06. Officers of the board
Status: in_force

43-32-06. Officers of the board

The board shall elect annually a president and vice president from its own number and a

secretary who need not be a member of the board.
N.D. Cent. Code § 43-31-04 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-04
43-31-04. Applications for licenses
Status: in_force

43-31-04. Applications for licenses

Applications for licenses must be made to the attorney general in writing on forms

prescribed by the attorney general and must be accompanied by the required fee, which is not

returnable. Any such application must require such information as in the judgment of the

attorney general will enable the attorney general to pass on the qualifications of the applicant for

a license.
N.D. Cent. Code § 43-15.3-03 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-03
43-15.3-03. Wholesale distributor licensing requirement - Minimum requirements for licensure
Status: in_force

43-15.3-03. Wholesale distributor licensing requirement - Minimum requirements for

licensure.

1. A wholesale distributor that engages in the wholesale distribution of prescription drugs,

medical gases, or medical equipment shall pay the annual fee required by the board,

must be licensed by the board under this chapter, and must be properly licensed in

any other state in which the wholesale distributor engages in the distribution of

prescription drugs, medical gases, or medical equipment before engaging in wholesale

distributions of wholesale prescription drugs, medical gases, or medical equipment in

this state. The licensee shall operate in a manner prescribed by law and according to

rules adopted by the board. However, information and qualification requirements for

licensure beyond that required by federal law or regulation do not apply to

manufacturers distributing the manufacturers' own United States food and drug

administration-approved drugs, gases, or equipment, unless particular requirements

are deemed necessary and appropriate following rulemaking. The board may grant a

temporary license when the wholesale distributor or pharmacy distributor first applies

for a license to operate within this state. A temporary license is valid until the board

finds that the applicant meets the requirements for regular licensure.

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

obtaining and maintaining accreditation or certification from the national association of

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

approved by the board, obtaining and maintaining a license issued by the board, and

paying fees as may be required by the board.

3. The board shall require the following minimum information from each wholesale

distributor applying to get a license under subsection 1:

a. The name, full business address, and telephone number of the licensee.

b. All trade or business names used by the licensee.

c. Addresses, telephone numbers, and the names of contact persons for all facilities

used by the licensee for the storage, handling, and distribution of prescription

drugs.

d. The type of ownership or operation.

e. The name of every owner and operator of the licensee, including:

(1) If an individual, the name of the individual;

(2) If a partnership, the name of each partner, and the name of the partnership;

(3) If a corporation, the name and title of each corporate officer and director, the

corporate names, and the name of the state of incorporation; and

(4) If a sole proprietorship, the full name of the sole proprietor and the name of

the business entity.

f. A list of all licenses and permits issued to the applicant by any other state that

authorizes the applicant to purchase or possess prescription drugs, medical

gases, or medical equipment.

g. The name of the applicant's designated representative for the facility and for a

prescription drug wholesaler applicant, the personal information statement and

fingerprints required pursuant to subdivision h for the individual identified as the

prescription drug wholesaler applicant's designated representative for the facility.

h. Each individual identified by a prescription drug wholesaler applicant as a

designated representative for a facility and therefore required by subdivision g to

provide a personal information statement and fingerprints shall provide the

following information to the state:

(1) The individual's places of residence for the past seven years;

(2) The individual's date and place of birth;

(3) The individual's occupations, positions of employment, and offices held

during the past seven years;

(4) The principal business and address of any business, corporation, or other

organization in which each office of the individual was held or in which each

occupation or position of employment was carried on;

(5) Whether the individual has been, during the past seven years, the subject of

any proceeding for the revocation of any license or any criminal violation

and, if so, the nature of the proceeding and the disposition of the

proceeding;

(6) Whether, during the past seven years, the individual has been enjoined,

either temporarily or permanently, by a court of competent jurisdiction from

violating any federal or state law regulating the possession, control, or

distribution of prescription drugs or criminal violations, together with details

concerning any of those events;

(7) A description of any involvement by the individual with any business,

including any investments, other than the ownership of stock in a publicly

traded company or mutual fund, during the past seven years, which

manufactured, administered, prescribed, distributed, or stored

pharmaceutical products and any lawsuits in which the businesses were

named as a party;

(8) A description of any misdemeanor or felony criminal offense of which the

individual, as an adult, was found guilty, regardless of whether adjudication

of guilt was withheld or whether the individual pled guilty or nolo contendere.

If the individual indicates that a criminal conviction is under appeal and

submits a copy of the notice of appeal of that criminal offense, the applicant

must, within fifteen days after the disposition of the appeal, submit to the

state a copy of the final written order of disposition; and

(9) A photograph of the individual taken in the previous one hundred eighty

days.

4. The information required under subsection 3 must be provided under oath.

5. The board may not issue a wholesale distributor license to an applicant, unless the

board:

a. Inspects or appoints a third party recognized by the board for the purpose of

inspecting the wholesale distribution operations of the facility before initial

licensure and continues to inspect periodically thereafter in accordance with a

schedule to be determined by the board, but not less than every three years.

Manufacturing facilities are exempt from inspection by the board if the

manufacturing facilities are currently registered with the federal food and drug

administration in accordance with section 510 of the Federal Food, Drug, and

Cosmetic Act [21 U.S.C. 301]; and

b. Determines that the designated representative meets the following qualifications:

(1) Is at least twenty-one years of age;

(2) Has been employed full time for at least three years in a pharmacy or with a

wholesale distributor in a capacity related to the dispensing and distribution

of, and recordkeeping relating to, prescription drugs, medical gases, or

medical equipment;

(3) Is employed by the applicant full time in a managerial level position;

(4) Is actively involved in and aware of the actual daily operation of the

wholesale distributor;

(5) Is physically present at the facility of the applicant during regular business

hours, except when the absence of the designated representative is

authorized, including sick leave and vacation leave;

(6) Is serving in the capacity of a designated representative for only one

applicant at a time, except where more than one licensed wholesale

distributor is colocated in the same facility and the wholesale distributors are

members of an affiliated group, as defined in section 1504 of the Internal

Revenue Code [26 U.S.C. 1504];

(7) Does not have any convictions under any federal, state, or local laws

relating to wholesale or retail prescription drug, medical gas, or medical

equipment distribution or distribution of controlled substances; and

(8) Does not have any felony conviction under federal, state, or local laws.

6. The board shall submit the fingerprints provided by an individual with a license

application for a statewide and nationwide criminal history background record check.

The nationwide criminal history background record check must be conducted in the

manner provided in section 12-60-24. All costs associated with the background check

are the responsibility of the applicant.

7. The board shall require every wholesale prescription drug distributor applying for a

license to submit a bond of at least one hundred thousand dollars, or other equivalent

means of security acceptable to the state, including an irrevocable letter of credit or a

deposit in a trust account or financial institution. Obtaining and maintaining

accreditation or certification from the national association of boards of pharmacy's

verified accredited wholesale distributor satisfies this requirement. A chain pharmacy

warehouse that is engaged only in intracompany transfers is not subject to the bond

requirement. The purpose of the bond is to secure payment of any fines or penalties

imposed by the state and any fees and costs incurred by the state regarding that

license which are authorized under state law and which the licensee fails to pay thirty

days after the fines, penalties, or costs become final. The state may make a claim

against the bond or security until one year after the licensee's license ceases to be

valid. A single bond may cover all facilities operated by the applicant in the state. Any

chain pharmacy warehouse that is engaged only in intracompany transfers is exempt

from the bond requirement.

8. If a wholesale distributor distributes prescription drugs, medical gases, or medical

equipment from more than one facility, the wholesale distributor shall obtain a license

for each facility.

9. If a manufacturer manufactures prescription drugs, medical gases, or medical

equipment in more than one facility but does not engage in wholesale distribution to

North Dakota from those facilities, the manufacturer is not required to obtain a license

for each facility.

10. The board shall mail or electronic mail a notice for license renewal to each licensee

before the first day of the month in which the license expires. If application for renewal

of the license, along with the required fee, is not received by the board before the first

day of the following month, the license expires on the last day of that month. Timely

renewal is the responsibility of the licensee.

11. In accordance with each licensure renewal, the board shall make available on the

board's website for each wholesale distributor licensed under this section the

information that the wholesale distributor provided pursuant to subsection 3. Within

thirty days of receiving the notice, the wholesale distributor shall identify and state

under oath to the state licensing authority all changes or corrections to the information

that was provided under subsection 3. Changes in, or corrections to, any information in

subsection 3 must be submitted to the board as required by that authority. The board

may suspend, revoke, or refuse to renew the license of a wholesale distributor if the

board determines that the wholesale distributor no longer qualifies for the license

issued under this section.

12. The designated representative identified pursuant to subdivision g of subsection 3

must receive and complete continuing training in applicable federal and state laws

governing wholesale distribution of prescription drugs, medical gases, or medical

equipment.

13. Information provided under subdivision h of subsection 3 may not be disclosed to any

person other than a government agency that needs the information for licensing or

monitoring purposes.
N.D. Cent. Code § 43-33-12 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-12
43-33-12. Complaint procedure - Grounds for revocation or suspension of license - Appeals
Status: in_force

43-33-12. Complaint procedure - Grounds for revocation or suspension of license -

Appeals.

1. Any person wishing to make a complaint against a licensee under this chapter shall file

a written complaint with the board within one year from the date of the action upon

which the complaint is based. If the board determines the charges made in the

complaint are sufficient to warrant a hearing to determine whether the license may be

suspended or revoked, it shall establish a time and place for a hearing and order the

licensee complained against to appear and defend against the complaint. The order

must have annexed thereto a copy of the complaint, and the order and copy of the

complaint must be served upon the licensee at least twenty days before the date set

for hearing, either personally or by registered mail sent to the licensee's last-known

address. Continuances or adjournments of a hearing date must be made for good

cause. At the hearing the licensee complained against may be represented by

counsel. The licensee complained against and the board may take depositions in

advance of hearing and after service of the complaint and either may compel the

attendance of witnesses by subpoenas issued by the board. Either party taking

depositions shall give at least five days' written notice to the other party of the time and

place of such depositions, and the other party may attend with counsel if desired and

cross-examine.

2. The board may revoke or suspend a person's license for any of the following causes:

a. The conviction of an offense determined by the board to have a direct bearing

upon a person's ability to serve the public as a hearing aid specialist, or the board

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

rehabilitated under section 12.1-33-02.1.

b. Procuring of a license by fraud or deceit.

c. Unethical conduct. Unethical conduct means:

(1) Obtaining any fee or making any sale by fraud or misrepresentation.

(2) Knowingly employing, directly or indirectly, any suspended or unregistered

person to perform any work covered by this chapter.

(3) Using, or causing or promoting the use of, any advertising matter,

promotional literature, testimonial, guarantee, warranty, label, brand,

insignia, or any other representation, however disseminated or published,

which is misleading, deceptive, or untruthful.

(4) Advertising a particular model or type of hearing instrument for sale when

purchasers or prospective purchasers responding to the advertisement

cannot purchase the advertised model or type if it is established that the

purpose of the advertisement is to obtain prospects for the sale of a different

model or type than that advertised.

(5) Representing that the service or advice of a person licensed to practice

medicine will be used or made available in the selection, fitting, adjustment,

maintenance, or repair of hearing instruments when that is not true, or using

the word "doctor", "clinic", "audiologist", or similar words, abbreviations, or

symbols which tend to connote the medical or audiological profession when

that is not accurate, or use of the titles "hearing instrument specialist",

"hearing aid specialist", "board-certified hearing aid specialist", or

"board-certified hearing instrument specialist" when the qualifying

requirements have not been met through the international hearing society or

national board for certification in hearing instrument sciences.

(6) Habitual intemperance.

(7) Gross immorality.

(8) Permitting another to use the person's license.

(9) Advertising a manufacturer's product or using a manufacturer's name or

trademark that implies a relationship with the manufacturer which does not

exist.

(10) To directly or indirectly give or offer to give, or permit or cause to be given

money or anything of value to any person who advises another in a

professional capacity as an inducement to influence them or have them

influence others to purchase or contract to purchase products sold or

offered for sale by a licensee, or to influence persons to refrain from dealing

in the products of competitors.

(11) Sale of a hearing instrument to a person without adequate and proper

audiometric testing.

(12) Sale of a hearing instrument to a person when the need for a hearing

instrument has not been established after adequate and proper audiometric

testing.

d. Conducting business while suffering from a contagious or infectious disease.

e. Engaging in the fitting and sale of hearing instruments under a false name or

alias with fraudulent intent.

f. For any violation of this chapter.

g. The fitting and sale of a hearing instrument to any person under eighteen years of

age unless within six months before the fitting the person to be fitted has been

examined by a physician and audiologist to determine whether there exist any

physical deficiencies that would prohibit the effective use of a hearing instrument.

3. Appeals from suspension or revocation may be made under chapter 28-32.
N.D. Cent. Code § 43-32-19.1 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-19.1
43-32-19.1. Expedited licensure - Licensing applicants licensed or registered in other jurisdictions
Status: in_force

43-32-19.1. Expedited licensure - Licensing applicants licensed or registered in other

jurisdictions.

1. The board may grant a license to an applicant who is an individual licensed, certified,

or registered in another jurisdiction and who files a completed application on a form

and in a manner the board prescribed, submits the required fee, and submits

documentation:

a. Confirming graduation from an accredited program in the degree of licensure for

which the individual is applying in this state;

b. Confirming completion of a national examination required by the board related to

competence in psychology;

c. Identifying all professional licenses, certifications, or registrations previously

obtained by the applicant in any jurisdiction;

d. Explaining any professional or personal conduct that reasonably may be

interpreted as indicating an inability to adhere to this chapter, including the code

of ethical conduct adopted by the board; and

e. Providing the board with a release by which the board may obtain from the

applicant's current jurisdiction, confirmation of the educational degree the

applicant's licensure or registration required, documentation of any disciplinary

action related to the applicant's license or registration, and an explanation of all

levels in the applicant's profession the current jurisdiction licenses or registers.

2. As a condition to qualify for licensure under subsection 1, the board may require the

applicant pass an examination on the ethics, laws, and rules regulating the practice of

psychology or industrial-organizational psychology, as appropriate to the licensure

sought by the applicant.

3. Notwithstanding any contrary provision of this chapter, the board may issue a license

as authorized under chapter 43-51.

4. The board may grant a provisional license to an expedited licensure applicant while

the application is pending. The board may deny or place restrictions on a provisional

license under this subsection if in another jurisdiction, within the previous five years,

the applicant had a disciplinary action against the applicant's license or registration.

5. Except as otherwise provided under this chapter, and in accordance with rules

adopted by the board, the board may issue a limited practice certificate to an applicant

who is licensed or registered in another jurisdiction to practice psychology or

industrial-organizational psychology. A limited practice certificate issued under this

subsection authorizes the practice of psychology or industrial-organizational

psychology in this state for no more than thirty days in a calendar year.
N.D. Cent. Code § 43-58-01 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-01
43-58-01. Definitions
Status: in_force

43-58-01. Definitions

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

1. "Approved naturopathic medical college" means a college and program granting the

degree of doctor of naturopathy or naturopathic medicine which must require as a

minimum a four-year, full-time resident program of academic and clinical study and

which:

a. Is accredited, or has the status of candidate for accreditation, by an organization

approved by the board, such as the council on naturopathic medical education; or

b. Has been approved by the board after an investigation that determines that the

college or program meets education standards equivalent to those established by

the accrediting agency under subdivision a and complies with the board's rules.

2. "Board" means the North Dakota board of medicine created under chapter 43-17.

3. "Homeopathic preparations" means nonprescriptive substances prepared according to

the official homeopathic pharmacopoeia of the United States. The term does not

include prescriptive drugs.

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

5. "Naturopath" means an individual licensed to practice naturopathic health care under

this chapter.

6. "Naturopathic health care", "naturopathic medicine", or "naturopathy" means a system

of primary health care practiced by naturopaths for the prevention, diagnosis, and

treatment of human health conditions, injury, and disease. The purpose of naturopathic

health care, naturopathic medicine, or naturopathy is to promote or restore health by

the support and stimulation of the individual's inherent self-healing processes. This is

accomplished through education of the patient by a naturopath and through the use of

natural therapies and therapeutic substances.

7. "Naturopathic physical application" means the therapeutic use by a naturopath of the

actions or devices of electrical muscle stimulation, galvanic, diathermy, ultrasound,

ultraviolet light, hydrotherapy, and naturopathic manipulative therapy. The term does

not include manipulation of the spine.
N.D. Cent. Code § 43-32-26 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-26
43-32-26. Issuance and display of license
Status: in_force

43-32-26. Issuance and display of license

The board is the sole agency empowered to examine competence in the practice of

psychology. A certificate of license or registration issued by the board must show the full name

of the licensee, have a serial number, be signed by the president of the board, and be attested

by the secretary. The license issued by the board under this chapter must be prominently

displayed at the principal place of business at which the licensee practices.
N.D. Cent. Code § 43-13-01 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-01
43-13-01. Definitions
Status: in_force

43-13-01. Nothing herein in any manner restricts the authority of any such board, body, agency,

official, or institution from utilizing the services of a physician for examinations of the eyes or

treatment of diseases of the eyes.

Section 43-13-13 applies in actions to correct any violations of this section.
N.D. Cent. Code § 43-05-02 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-02
43-05-02. Exceptions
Status: in_force

43-05-02. Exceptions

The provisions of this chapter do not apply to the following:

1. Physicians and surgeons licensed by the North Dakota board of medicine.

2. Physicians and surgeons of the United States armed forces and of the United States

public health service.

3. Duly licensed chiropractors.

4. The sale of shoes or preformed arch supports in the stores of this state.