N.D. Cent. Code § 43-11-16.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-16.1
43-11-16.1. Internships and apprenticeship programs
Status: in_force

43-11-16.1. Internships and apprenticeship programs

1. The board may establish internships, apprenticeship programs, and rules related to

the licensure and discipline of interns and apprentices practicing in programs

established under this section. Apprenticeship programs allow for direct entry of

individuals into an approved training program under this chapter.

2. An apprenticeship establishment participating in the apprenticeship program must:

a. Be an approved apprenticeship program conducted in an approved establishment

by the state office of apprenticeship; and

b. Provide the board with the names of all individuals acting as apprentice trainers.

3. To act as an apprentice trainer, an individual must be approved by the board. To be

approved, the trainer must:

a. Hold a current license in the practice of which the individual is providing training

for a minimum of three consecutive years; and

b. Complete board-approved educator training.

4. If an approved apprenticeship program or apprenticeship establishment implements

changes affecting the information required to be provided to the board under this

section or rules adopted under this section, the revised information must be submitted

to the board before implementing the changes.

5. The board or the board's designee shall audit and inspect approved apprenticeship

establishments for compliance with this chapter at least annually.

a. If the board determines that an approved apprenticeship establishment is not

maintaining the standards required by this chapter, written notice must be given.

b. An approved apprenticeship establishment that fails to correct the conditions

listed in the notice to the satisfaction of the board within a reasonable time may

be subject to penalty.

6. An approved apprenticeship establishment shall post a notice to consumers in the

reception area of the establishment stating that services may be provided by an

apprentice. The notice must state: "This establishment is a participant in a state-

approved apprenticeship program. Apprentices in this program are in training and have

not yet received a license."
N.D. Cent. Code § 43-44-18 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-18
43-44-18. Costs
Status: in_force

43-44-18. Costs

The board may assess the attorney fees of disciplinary actions against a licensee or person

found to be in violation of this chapter or rules adopted by the board. Costs recovered pursuant

to this section are the property of the board.
N.D. Cent. Code § 43-17.5-05 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-05
43-17.5-05. Designation of the state from which a licensee is applying for a compact privilege
Status: in_force

43-17.5-05. Designation of the state from which a licensee is applying for a compact

privilege.

Upon a licensee's application for a compact privilege, the licensee shall identify to the

commission the participating state from which the licensee is applying, in accordance with

applicable rules adopted by the commission, and subject to the following requirements when

applying for a compact privilege, the licensee shall:

1. Provide the commission with the address of the licensee's primary residence and

thereafter shall immediately report to the commission any change in the address of the

licensee's primary residence.

2. Consent to accept service of process by mail at the licensee's primary residence on

file with the commission with respect to any action brought against the licensee by the

commission or a participating state, including a subpoena, with respect to any action

brought or investigation conducted by the commission or a participating state.
N.D. Cent. Code § 43-15.1-04 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-04
43-15.1-04. Wholesale drug distributor and pharmacy distributor licensing requirements - Penalty
Status: in_force

43-15.1-04. Wholesale drug distributor and pharmacy distributor licensing

requirements - Penalty.

1. No person may act as a wholesale drug distributor or pharmacy distributor without first

obtaining an annual license to do so from the board and paying the annual fee

required by the board.

2. The board may grant a temporary license when the wholesale drug 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.

3. The licensee shall operate in a manner prescribed by law and according to the rules

adopted by the board.

4. The board may require a separate license for each facility directly or indirectly owned

or operated by the same business entity within this state, or for a parent entity with

divisions, subsidiaries, or affiliate companies within this state if operations are

conducted at more than one location and there exists joint ownership and control

among all the entities.

5. An applicant for a license and a licensee shall satisfy the board that the applicant or

licensee has and will continuously maintain:

a. Adequate storage conditions and facilities;

b. Minimum liability and other insurance as may be required under any applicable

federal or state law;

c. A viable security system that includes afterhours, central alarm, or comparable

entry detection capability; restricted premises access; comprehensive

employment applicant screening; and safeguards against all forms of employee

theft;

d. A system of records that describes all wholesale drug distributor and pharmacy

distributor activities for at least the most recent two-year period and which is

reasonably accessible in any inspection authorized by the board;

e. Principals and persons, including officers, directors, primary shareholders, and

key management executives, who must at all times demonstrate and maintain

their capability of conducting business in conformity with sound financial practices

as well as state and federal law;

f. Complete, updated information, to be provided the board as a condition for

obtaining and retaining a license, about each wholesale drug distributor to be

licensed under this chapter, including pertinent licensee corporate, if applicable,

or other ownership, principal, key personnel, and facilities information;

g. Written policies and procedures that assure reasonable wholesale drug distributor

and pharmacy distributor preparation for, protection against, and handling of any

facility security or operation problems, including problems caused by natural

disaster or government emergency; inventory inaccuracies or product shipping

and receiving; outdated product or other unauthorized product control;

appropriate disposition of returned goods; and product recalls;

h. Sufficient inspection procedures for all incoming and outgoing product shipments;

and

i. Operations in compliance with all federal legal requirements applicable to

wholesale drug distribution.

All requirements by the board under this subsection must conform to wholesale drug

distributor licensing guidelines formally adopted by the United States food and drug

administration. In case of conflict between any wholesale drug distributor licensing

requirement imposed by the board under this subsection and any wholesale drug

distributor licensing guideline of the food and drug administration, the guideline

controls.

6. An agent or employee of any licensed wholesale drug distributor or pharmacy

distributor need not seek licensure under this section and may lawfully possess

pharmaceutical drugs when acting in the usual course of business or employment.

7. A person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 43-01-22 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-22
43-01-22. Abstract prepared by regularly bonded abstracter is evidence
Status: in_force

43-01-22. Abstract prepared by regularly bonded abstracter is evidence

Abstracts prepared by an official abstracter must be received as evidence in all courts and

are prima facie evidence in all courts and places of the facts stated therein.
N.D. Cent. Code § 43-57-04 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-04
43-57-04. Board duties in regulating professions - Subgroups
Status: in_force

43-57-04. Board duties in regulating professions - Subgroups

1. The board shall establish a subgroup for each profession regulated by the board. The

board shall appoint at least three and no more than five members of the profession to

serve as volunteer members of the subgroup. A subgroup member must be a licensed

member of the profession, except in the case of a newly regulated profession in which

case each subgroup member must be eligible for licensure. The board may appoint a

board member to serve on a subgroup representing that board member's profession.

The subgroup members serve at the pleasure of the board.

2. A subgroup established under this section shall serve in an advisory capacity to advise

the board when requested by the board. The subgroup on its own motion may advise

the board as the subgroup determines necessary.

3. The board may not take any action that impacts a profession regulated by the board

as a whole or which impacts one or more licensees of that profession unless the board

first consults with and requests the recommendation of the appropriate subgroup. If

the board takes an action that is contrary to a subgroup's recommendation, the board

shall articulate in writing why the subgroup's recommendation was not followed.
N.D. Cent. Code § 43-23.5-19 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-19
43-23.5-19. Fees - Bonds
Status: in_force

43-23.5-19. Fees - Bonds

1. The board may charge the appraisal management company reasonable fees to help

offset costs of operating the board. The board shall establish fees by rule.

2. The board may require by rule a surety bond of not more than twenty-five thousand

dollars.
N.D. Cent. Code § 43-61-01 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-01
43-61-01. Definitions
Status: in_force

43-61-01. Definitions

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

1. "Acupuncture" means an East Asian system of health care that maintains and restores

the health of patients through treatments that include patient education, botanical

medicine, qi gong, tai qi, or the stimulation of a certain point or points on or below the

surface of the body, including traditional meridian points and ashi trigger points by the

insertion of presterilized, filiform, disposable needles with or without electronic

stimulation or by utilizing manual or thermal techniques.

2. "Acupuncturist" means an individual licensed to practice acupuncture under this

chapter.

3. "Approved acupuncture program" means a board-approved graduate level educational

program that is offered by an institution of higher education and accredited by a

national or regional agency recognized by the United States department of education,

or another such equivalent program approved by the board which:

a. Is accredited, has the status of candidate for accreditation, or meets the

standards of an organization approved by the board, such as the accreditation

commission of acupuncture and oriental medicine.

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.

4. "Board" means the state board of integrative health care created under chapter 43-57.
N.D. Cent. Code § 43-04-11 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-11
43-04-11. Rules and orders
Status: in_force

43-04-11. Rules and orders

The board may adopt and enforce all rules and orders necessary to carry out the provisions

of this chapter:

1. It may prescribe sanitary regulations for barbershops and barber schools. Such

regulations shall be subject to the approval of the department of health and human

services. A copy of the rules and regulations adopted by the board and approved by

the department of health and human services shall be furnished by the board to the

owner or manager of every barbershop and barber school and shall be posted by such

owner or manager in a conspicuous place in such barbershop or barber school.

2. Every other rule or order of the board shall be posted for public inspection in the main

office of the board and a certified copy shall be filed in the office of the secretary of the

board and published in the press publications representing the barber industry. An

order applying only to a person or persons named therein shall be served on the

person or persons affected. An order herein required shall be served by personal

delivery of a certified copy or by mailing a certified copy in a sealed envelope with

postage prepaid to each person affected thereby, or in the case of a corporation or

limited liability company, to an officer, manager, or agent of the corporation or limited

liability company upon whom a summons may be served in accordance with the

provisions of law. The posting in the main office of the board of any rule or order not

required by this chapter to be served, and such filing in the office of the secretary of

the board and publishing in representative publications, shall constitute due and

sufficient notice to all persons affected by such rule or order. A rule of the board when

duly published, posted, and filed as provided in this section, shall have binding force

and effect.
N.D. Cent. Code § 43-44-12 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-12
43-44-12. Provisional license
Status: in_force

43-44-12. Provisional license

An applicant for a provisional license shall file a written application with the board, submit

any fees required by the board, complete a criminal history background check if requested by

the board, and submit evidence of successful completion of the academic and supervised

practice requirements during the five-year period after completion of the academic and

supervised practice requirements specified under subdivisions a and b of subsection 1 of

section 43-44-07 or subdivision a of subsection 1 of section 43-44-08. A provisional license must

be available to an applicant with the applicant's initial application for examination and the

applicant may practice only under the supervision of a licensed registered dietitian or a licensed

nutritionist who meets requirements under subsection 1 of section 43-44-07. A provisional

license expires automatically upon receiving notice of failure of the licensure examination but

may be renewed a maximum of one time until the date of the next examination, at which time

the provisional license automatically expires and must be surrendered to the board.
N.D. Cent. Code § 43-01-23 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-23
43-01-23. Temporary authority of an abstracter to act in an additional county
Status: in_force

43-01-23. Temporary authority of an abstracter to act in an additional county

1. If it appears to the board that there is no abstracter authorized to engage in and carry

on the business of an abstracter of real estate titles in a county or that there is an

authorized abstracter in a county who is unable to perform the duties of an abstracter

due to death, disability, a disaster or emergency, or disciplinary action, the board may

authorize an individual or organization having a certificate of authority and certificate of

registration to operate in another county to operate in the county having no abstracter

through the issuance of a temporary certificate of authority. The board may not charge

an abstracter for the temporary certificate of authority. The board may require

additional security than provided under section 43-01-11. The abstracter operating

under the temporary certificate of authority is not required to have a complete tract

index and all instruments of record in the office of the recorder in and for the county in

which the abstracter is temporarily engaged in business, nor need the abstracter have

been engaged in the preparation of such records. The temporary certificate of

authority may not exceed such time as the board has determined an abstracter having

a regular certificate of authority and certificate of registration is able to engage in and

carry on the business of an abstracter of real estate titles in the county, but the

abstracter holding the temporary certificate of authority may complete any work

already engaged. The abstracter having a temporary certificate of authority may seek

to operate in the county on a regular basis through compliance with all statutory

requirements.

2. The board may establish a fund to provide for additional expenses of an abstracter

operating under a temporary certificate of authority. The fund may be paid for by an

additional fee fixed by the board of no more than fifty dollars per year for each

certificate of registration. The fund may not exceed five thousand dollars. The board

may pay the expenses, including mileage, meals, and lodging, of an abstracter

operating under a temporary certificate of authority at the rates established for state

employees on official business.
N.D. Cent. Code § 43-32-33 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-33
43-32-33. Applied behavior analysis - Licensure or registration required - Titles
Status: repealed

43-32-33. Applied behavior analysis - Licensure or registration required - Titles

Repealed by S.L. 2017, ch. 301, § 20.
N.D. Cent. Code § 43-10-16.2 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-16.2
43-10-16.2. Restoration of license after revocation
Status: in_force

43-10-16.2. Restoration of license after revocation

One year from the date of revocation, the former licensee may make application for initial

licensure. In order to receive a new license, the applicant must satisfy the current requirements

for licensure.
N.D. Cent. Code § 43-30-02.1 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-02.1
43-30-02.1. Fair housing law compliance - Exception - Penalty
Status: in_force

43-30-02.1. Fair housing law compliance - Exception - Penalty

This chapter does not apply to a person testing for fair housing law compliance who is

employed by or volunteers with an organization recognized for this purpose under federal or

state law and who meets the requirements, except for actual registration, of a registered private

investigator established by the board. These requirements include a state and nationwide

criminal history background record check conducted by the bureau of criminal investigation and

the federal bureau of investigation. The results of the state and nationwide criminal history

background record check must be on file with the organization. The board, at its request, may

review the criminal history background record check and other information related to any person

conducting the compliance test. Any person who knowingly violates the requirements for an

exception under this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-29-11 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-11
43-29-11. Fees deposited with state treasurer - Separate fund - Vouchers
Status: repealed

43-29-11. Fees deposited with state treasurer - Separate fund - Vouchers

Repealed by S.L. 2025, ch. 397, § 30.
N.D. Cent. Code § 43-18.2-02 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-02
43-18.2-02. Duties of the board
Status: in_force

43-18.2-02. Duties of the board

The board shall:

1. Enforce this chapter.

2. Adopt rules not inconsistent with this chapter for the examination, regulation, and

licensing of sewer and water contractors and sewer and water installers.

3. Exempt from the provisions of sections 43-18.2-06, 43-18.2-07, and 43-18.2-08 those

North Dakota sewer and water contractors and installers as defined in section

43-18.2-01 who have at least one year's work experience prior to July 1, 1987.
N.D. Cent. Code § 43-28.1-06 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-06
43-28.1-06. Breach of loan repayment contract
Status: repealed

43-28.1-06. Breach of loan repayment contract

Repealed by S.L. 2017, ch. 292, § 3.
N.D. Cent. Code § 43-20-13.1 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-13.1
43-20-13.1. Registration renewal - Continuing education audit
Status: in_force

43-20-13.1. Registration renewal - Continuing education audit

1. All dental assistant registrations, including any permits, credentials, or endorsements

issued by the board, expire on December thirty-first of every even-numbered year.

2. A registration may be renewed by submitting a renewal application, renewal fee

established by the board by rule, and proof of completion of the continuing education

requirements established by the board by rule, provided the registration is not revoked

or grounds for denial under section 43-20-05 do not exist.

3. If the renewal application, renewal fee, and proof of completion of continuing education

are not received by December thirty-first of the even-numbered year, the registration

expires and the individual may not practice as a registered or qualified dental

assistant.

4. Within sixty days after December thirty-first of the even-numbered year, an expired

registration may be renewed by submitting the renewal application, renewal fee, proof

of completion of continuing education, and a late fee established by the board by rule.

5. Between sixty-one days and one year after December thirty-first of the odd-numbered

year, an expired license may be renewed if the individual submits a renewal

application, pays the renewal fee, pays an amount equal to twice the late renewal fee,

and submits other documentation sought by the board confirming the individual retains

the skills necessary to practice.

6. If the renewal application, renewal fee, proof of completion of continuing education,

and late fee are not received within one year after December thirty-first of the

even-numbered year, the registration may not be renewed, and the individual must

apply for and meet the requirements for registration to be granted registration.

7. The board may extend the renewal deadline for an individual providing proof of

medical or other hardship rendering the individual unable to meet the deadline.

8. The board may audit continuing education credits. Each dental assistant who is

required to be registered with the board shall maintain certificates or records of

continuing education activities for three years. Upon receiving notice of an audit from

the board, a dental assistant shall provide satisfactory documentation of attendance at,

or participation in, the continuing education activities listed on the dental assistant's

continuing education form. Failure to comply with the audit is grounds for nonrenewal

or disciplinary action against the dental assistant.
N.D. Cent. Code § 43-23.5-09 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-09
43-23.5-09. Controlling person
Status: in_force

43-23.5-09. Controlling person

An appraisal management company applying for a registration or for renewal of a

registration in this state shall designate one controlling person that shall serve as the main

contact for all communication between the board and the company. The controlling person shall:

1. Remain in good standing in this state or in any other state that the controlling person

holds a licensure or certification permit from; however, nothing in this chapter shall

require that a designated controlling person hold an appraiser license or certification in

any jurisdiction.

2. Have never had an appraiser license or certification in this state or any other state

refused, denied, canceled, revoked, or surrendered in lieu of a pending disciplinary

proceeding in any jurisdiction and not subsequently reinstated or granted.

3. Be of good moral character.

4. Submit to a criminal background investigation for an initial application or as required by

the board.
N.D. Cent. Code § 43-17-26 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-26
43-17-26. Annual license issued - License posted
Status: repealed

43-17-26. Annual license issued - License posted

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-40.1-05 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-05
43-40.1-05. Obtaining a new home state license by virtue of compact privilege
Status: in_force

43-40.1-05. Obtaining a new home state license by virtue of compact privilege

1. An occupational therapist or occupational therapy assistant may hold a home state

license, which allows for compact privileges in member states, in only one member

state at a time.

2. If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving between two member states:

a. The occupational therapist or occupational therapy assistant shall file an

application for obtaining a new home state license by virtue of a compact

privilege, pay all applicable fees, and notify the current and new home state in

accordance with applicable rules adopted by the commission.

b. Upon receipt of an application for obtaining a new home state license by virtue of

compact privilege, the new home state shall verify the occupational therapist or

occupational therapy assistant meets the pertinent criteria outlined in section

43-40.1-04 through the data system, without need for primary source verification

except for:

(1) A federal bureau of investigation fingerprint-based criminal background

check if not previously performed or updated pursuant to applicable rules

adopted by the commission in accordance with Public Law 92-544;

(2) Any other criminal background check as required by the new home state;

and

(3) Submission of any requisite jurisprudence requirements of the new home

state.

c. The former home state shall convert the former home state license into a

compact privilege once the new home state has activated the new home state

license in accordance with applicable rules adopted by the commission.

d. Notwithstanding any other provision of this compact, if the occupational therapist

or occupational therapy assistant cannot meet the criteria in section 43-40.1-04,

the new home state shall apply its requirements for issuing a new single-state

license.

e. The occupational therapist or the occupational therapy assistant shall pay all

applicable fees to the new home state in order to be issued a new home state

license.

3. If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving from a member state to a nonmember state, or from a

nonmember state to a member state, the state criteria applies for issuance of a single-

state license in the new state.

4. Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states. For the purposes of this compact, a licensee only may have

one home state license.

5. This compact does not affect the requirements established by a member state for the

issuance of a single-state license.
N.D. Cent. Code § 43-28-22 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-22
43-28-22. Reinstatement of license - Renewal of certificate - When issued - Fees
Status: repealed

43-28-22. Reinstatement of license - Renewal of certificate - When issued - Fees

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-45-05.4 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-05.4
43-45-05.4. Addiction counseling internship - Loan program - Revolving fund - Continuing appropriation
Status: in_force

43-45-05.4. Addiction counseling internship - Loan program - Revolving fund -

Continuing appropriation.

1. a. The Bank of North Dakota shall develop and implement a program under which

loans may be provided to qualified individuals participating in a paid or unpaid

internship at a licensed substance abuse treatment facility in this state, in order to

obtain licensure by the board.

b. The Bank of North Dakota shall determine all terms applicable to the time and

manner in which loans made under this section must be repaid.

c. Interest on outstanding loans under this section must accrue at the Bank of North

Dakota's current base rate, but may not exceed six percent per annum.

d. The maximum loan for which an applicant may qualify under this section is seven

thousand five hundred dollars.

e. This subsection is applicable only to individuals beginning an internship after

June 30, 2015.

2. The Bank of North Dakota shall maintain a revolving loan fund for the purpose of

making loans under this section. All moneys transferred into the fund, interest upon

moneys in the fund, and payments to the fund of principal and interest on loans under

this section are appropriated to the Bank on a continuing basis.
N.D. Cent. Code § 43-28-11.3 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-11.3
43-28-11.3. Standard of care and professional ethics - Telehealth
Status: in_force

43-28-11.3. Standard of care and professional ethics - Telehealth

A dentist is held to the same standard of care and ethical standards, whether practicing

traditional in-person dentistry or telehealth. The following apply in the context of telehealth:

1. Professional ethical standards require a dentist to practice only in areas in which the

dentist has demonstrated competence, based on the dentist's training, ability, and

experience.

2. A dentist may not practice telehealth unless a bona fide dentist-patient relationship is

established in person or through telehealth. A dentist practicing telehealth shall verify

the identity of the patient seeking care and shall disclose to the patient the dentist's

identity, physical location, contact information, and licensure status.

3. Before a dentist initially diagnoses or treats a patient for a specific illness, disease, or

condition, the dentist shall perform an examination or evaluation. A dentist may

perform an examination or evaluation entirely through telehealth if the examination or

evaluation may be performed in accordance with the standard of care required for an

in-person dental examination or evaluation. A dentist may not use telehealth to perform

an initial examination or evaluation in circumstances in which the standard of care

necessitates an in-person dental examination.

a. An appropriate telehealth examination or evaluation may include an examination

utilizing secure videoconferencing in conjunction with store-and-forward

technology or appropriate diagnostic testing that would be required during an

in-person examination or evaluation or an examination conducted with an

appropriately licensed intervening dental health care provider, practicing within

the scope of the dental health care provider's profession, providing necessary

physical findings to the dentist during a live, two-way telehealth encounter. An

examination or evaluation consisting only of a static online questionnaire or an

audio conversation does not meet the standard of care.

b. The use of telehealth does not expand the scope of practice for a dental health

care provider, and may not be used to circumvent the licensure requirements

established for dental health care providers in this state.

c. A dentist who practices telehealth in this state must have adequate knowledge of

the availability and location of local dentists and dental health care providers to

provide followup care to a patient following a dental telehealth encounter,

including emergent and acute care facilities, in order to enable a patient to

receive followup care. Once a dentist conducts an appropriate examination or

evaluation, whether in-person or by telehealth, and establishes a patient-dentist

relationship, subsequent followup care may be provided as deemed appropriate

by the treating dentist, or by another dentist licensed by the board designated by

the treating dentist to act temporarily in the treating dentist's absence.

4. A dentist practicing telehealth is subject to all North Dakota laws governing the

adequacy of dental records and the provision of dental records to the patient and other

dental health care providers treating the patient.

5. A dentist practicing telehealth must have procedures for providing in-person services

or for the referral of a patient requiring dental services that cannot be provided by

telehealth to another dentist who practices in the area of the state and the patient can

readily access.
N.D. Cent. Code § 43-17-13 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-13
43-17-13. Board to adopt rules and regulations
Status: repealed

43-17-13. Board to adopt rules and regulations

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-32-11 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-11
43-32-11. Annual reports
Status: in_force

43-32-11. Annual reports

Each year, the board may transmit to the governor, with a copy thereof to the secretary of

state and to the North Dakota psychological association, a full report of all activities under this

chapter, together with a report of all receipts and disbursements.
N.D. Cent. Code § 43-36-24 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-24
43-36-24. Exemptions
Status: in_force

43-36-24. Exemptions

This chapter shall not be construed to prevent or affect:

1. The practice or offer to practice soil classifying by a person not a resident or having no

established place of business in this state provided such person is legally qualified by

the provisions of this chapter to practice soil classifying as defined herein in that

person's own state which extends similar privileges to persons registered under this

chapter provided such person shall make application accompanied by the appropriate

application fee to the board in writing prior to that person's practicing or offering to

practice soil classifying, may be granted a temporary permit for a definite period of

time not to exceed one year to do a specific job provided, however, no right to practice

soil classifying shall accrue to such applicant with respect to any other work not set

forth in said permit.

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

registration under this chapter or an employee of a person practicing lawfully under

subsection 1, provided such work does not include final soil classifying decisions and

is done under the direct supervision of and verified by a person holding a certificate of

registration under this chapter or a person practicing lawfully under subsection 1.

3. The practice of any other legally recognized profession or trade.

4. The practice of soil classifying by any person regularly employed to perform soil

classifying services solely for that person's employer or for a subsidiary or affiliated

corporation or limited liability company of that person's employer, providing the soil

classifying performed is in connection with the property, products, or services of that

person's employer.
N.D. Cent. Code § 43-25-13 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-13
43-25-13. Records to be kept by the board
Status: in_force

43-25-13. Records to be kept by the board

The board may implement rules for record retention. Licensee information is retained by the

board from the date a license is granted until five years after inactive status. Any official entry or

a certificate of the absence of information, certified under the hand of the secretary and the seal

of the board, must be admitted as evidence in any of the courts of this state. The secretary shall

furnish to any person a certified copy of any record upon payment of a fee of ten dollars plus

twenty-five cents per page copied.
N.D. Cent. Code § 43-01-09 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-09
43-01-09. Requirements of abstracter of title - Records - Certificate of registration bond or liability policy
Status: in_force

43-01-09. Requirements of abstracter of title - Records - Certificate of registration

bond or liability policy.

Before any person, firm, corporation, or limited liability company may engage in the

business of making and compiling abstracts of title to real estate within this state, the person or

it shall:

1. Have and maintain in such business a complete tract index and all instruments of

record in the office of the recorder in and for the county in which the person or it is

engaged in business, or shall have been engaged in good faith in the preparation of

such records for not less than six months;

2. Obtain a certificate of authority as is required by this chapter;

3. File the bond or abstracter's liability policy required under section 43-01-11; and

4. Have in charge of such business a registered abstracter, as defined by this chapter.
N.D. Cent. Code § 43-34-07 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-07
43-34-07. Organization of board
Status: in_force

43-34-07. Organization of board

The board shall elect from its membership a chairman, vice chairman, and

secretary-treasurer, and shall adopt rules and regulations to govern its proceedings. Each

member shall receive, as compensation for the member's services, an amount agreed upon by

the board but not to exceed that of other state boards. All members must be allowed necessary

travel expenses, as may be approved by the board, which are payable in the same manner as

travel expense of other state officials. The board may employ and fix the compensation and

duties of necessary personnel to assist it in the performance of its duties.
N.D. Cent. Code § 43-23.5-08 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-08
43-23.5-08. Owner requirements
Status: in_force

43-23.5-08. Owner requirements

1. An appraisal management company applying for, holding, or renewing a registration

under this chapter may not be, in whole or in part, directly or indirectly, owned by an

individual who has had an appraiser license or certification in this state or in any other

state refused, denied, canceled, surrendered in lieu of revocation, or revoked in any

jurisdiction for a substantive cause, as determined by the board.

2. Each person that owns more than ten percent of an appraisal management company

applying for, holding, or renewing a registration under this chapter:

a. Must be of good moral character.

b. Shall submit to a criminal background investigation for an initial application or as

required by the board.

3. Each appraisal management company applying for a registration or for renewal of a

registration under this chapter shall certify to the board on a form prescribed by the

board that the company has reviewed each entity that owns the appraisal

management company and that no entity that owns the appraisal management

company is owned by an individual that has had an appraiser license or certification in

this state or any other state refused, denied, canceled, surrendered in lieu of

revocation, or revoked in any jurisdiction for a substantive cause, as determined by the

board.

4. An appraisal management company is not barred from registration if the license or

certificate of the appraiser with an ownership interest was not revoked for a

substantive cause and has not been reinstated by the jurisdiction in which the

appraiser was licensed or certified.
N.D. Cent. Code § 43-20-06 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-06
43-20-06. Inactive status
Status: in_force

43-20-06. Inactive status

Upon payment of a fee determined by the board, a dental hygienist may request to have the

dental hygienist's license placed on inactive status. While on inactive status, the dental hygienist

may not engage in the practice of dental hygiene in the state until the dental hygienist submits a

renewal application, pays the renewal fee, and meets any additional requirements established

by rule.
N.D. Cent. Code § 43-65-03 — ND Code / Title 43 / Chapter 43-65 / Section 43-65-03
43-65-03. Violations and enforcement
Status: in_force

43-65-03. Violations and enforcement

1. Failure to comply with this chapter constitutes a violation under this chapter.

2. A health care practitioner who violates this chapter is deemed to have engaged in

unprofessional conduct, which may be grounds for disciplinary action under the

licensure provisions governing the respective health care practitioner.

3. A violation of this section does not create a private right of action by a patient.

4. Notwithstanding the imposition of any penalty, a professional licensing board or other

administrative agency with jurisdiction may seek an injunction or other legal means as

appropriate against a person violating this chapter.
N.D. Cent. Code § 43-40.1-13 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-13
43-40.1-13. Construction and severability
Status: in_force

43-40.1-13. Construction and severability

This compact must be liberally construed to effectuate the purposes of the compact. The

provisions of this compact are severable and if any phrase, clause, sentence, or provision of this

compact is declared to be contrary to the constitution of any member state or of the United

States or the applicability thereof to any government, agency, individual, or circumstance is held

invalid, the validity of the remainder of this compact and the applicability of this compact to any

government, agency, individual, or circumstance are not affected thereby. If this compact is held

contrary to the constitution of any member state, the compact remains in full force and effect as

to the remaining member states and in full force and effect as to the member state affected as

to all severable matters.
N.D. Cent. Code § 43-09-29 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-29
43-09-29. Conveyance permit revocation or suspension
Status: in_force

43-09-29. Conveyance permit revocation or suspension

The board may revoke or suspend a permit upon a finding:

1. Of a false statement, omission, or misrepresentation of material fact in the permit

application or the plans or specifications on which the permit was based.

2. The work detailed under the permit has not been performed in accordance with the

application, plans, specifications, or conditions of the permit.

3. The elevator contractor failed or refused to comply with a stop work order from the

board.

4. The board determines revocation is necessary to ensure the proper enforcement of

this chapter or to protect public or worker safety.
N.D. Cent. Code § 43-15-45 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-45
43-15-45. Costs of prosecution - Disciplinary proceedings
Status: in_force

43-15-45. Costs of prosecution - Disciplinary proceedings

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

board may direct any certificate holder, permitholder, or licenseholder, or any pharmacy or

pharmacist found not in compliance, guilty, or in violation of one or more of the grounds set forth

in subsection 1 of section 43-15-10, to pay the board a sum not to exceed the reasonable and

actual costs of the investigation and prosecution of the case, with the sanction that the

certificate of registration, permit, or license may be suspended until the costs are paid to the

board.
N.D. Cent. Code § 43-17-19 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-19
43-17-19. License granted without examination upon qualification of applicant
Status: repealed

43-17-19. License granted without examination upon qualification of applicant

Repealed by S.L. 1957, ch. 302, § 16.
N.D. Cent. Code § 43-40.1-11 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-11
43-40.1-11. Oversight, dispute resolution, and enforcement
Status: in_force

43-40.1-11. Oversight, dispute resolution, and enforcement

1. Oversight.

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

member state shall enforce this compact and take all actions necessary and

appropriate to effectuate the compact's purposes and intent. The provisions of

this compact and the rules adopted hereunder have standing as statutory law.

b. All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of

this compact which may affect the powers, responsibilities, or actions of the

commission.

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

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

provide service of process to the commission renders a judgment or order void as

to the commission, this compact, or adopted rules.

2. Default, technical assistance, and termination.

a. If the commission determines a member state has defaulted in the performance

of its obligations or responsibilities under this compact or the adopted rules, the

commission shall:

(1) Provide written notice to the defaulting state and other member states of the

nature of the default, the proposed means of curing the default, and any

other action to be taken by the commission; and

(2) Provide remedial training and specific technical assistance regarding the

default.

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

from the compact upon an affirmative vote of a majority of the member states,

and all rights, privileges, and benefits conferred by this compact may be

terminated on the effective date of termination. A cure of the default does not

relieve the offending state of obligations or liabilities incurred during the period of

default.

c. Termination of membership in the compact must be imposed only after all other

means of securing compliance have been exhausted. Notice of intent to suspend

or terminate must be given by the commission to the governor, the majority and

minority leaders of the defaulting state's legislature, and each of the member

states.

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

and liabilities incurred through the effective date of termination, including

obligations that extend beyond the effective date of termination.

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

default or has been terminated from the compact, unless agreed on in writing

between the commission and the defaulting state.

f. The defaulting state may appeal the action of the commission by petitioning the

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

the commission has its principal offices. The prevailing member must be awarded

all costs of litigation, including reasonable attorney's fees.

3. Dispute resolution.

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

disputes related to the compact that arise among member states and between

member and nonmember states.

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

dispute resolution for disputes as appropriate.

4. Enforcement.

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

provisions and rules of this compact.

b. By majority vote, the commission may initiate legal action in the United States

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

commission has its principal offices, against a member state in default to enforce

compliance with the provisions of the compact and its rules and bylaws. The relief

sought may include injunctive relief and damages. If judicial enforcement is

necessary, the prevailing member must be awarded all costs of litigation,

including reasonable attorney's fees.

c. The remedies herein are not the exclusive remedies of the commission. The

commission may pursue any other remedies available under federal or state law.
N.D. Cent. Code § 43-19.1-26 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-26
43-19.1-26. Disciplinary action - Procedure
Status: in_force

43-19.1-26. Disciplinary action - Procedure

Any person may file charges of fraud, deceit, gross negligence, incompetence, misconduct,

or violation of the code of ethics against any individual registrant. Such charges must be in

writing and must be filed with the executive director for the board. All charges, unless dismissed

by the board as unfounded or trivial, must be heard by the board following the filing of charges

unless the accused registrant waives this requirement. The board may resolve a disciplinary

action at any time through informal disposition as provided in section 28-32-22. The matters

considered at a hearing must include all charges made in the original filing, together with any

related or additional matters or charges that arise in connection with the investigation of the

original charges, and which are set forth in a specification of issues for the hearing. The time

and place for the hearing must be fixed by the board and a copy of the charges, together with a

notice of the time and place of hearing, and a specification of the issues to be considered at the

hearing must be served upon the accused registrant either personally or sent by registered mail

to the last-known address of the registrant at least thirty days before the date fixed for hearing.

At any hearing the accused registrant has the right to appear in person or by counsel, or both; to

cross-examine witnesses appearing against the accused; and to produce evidence and

witnesses in defense of the accused. If the accused fails or refuses to appear, the board may

proceed to hear and determine the validity of the issues set forth in the specification of issues or

enter a default order under section 28-32-30. Following the hearing, the board members who

did not serve on the investigative panel shall deliberate in executive session and if a majority of

the board members who did not serve on the investigative panel vote in favor of sustaining all or

part of the issues set forth in the specification of issues, the board shall make findings of fact

and conclusions of law and shall issue the board's order and serve the findings, conclusions,

and order upon the accused. In the order the board may reprimand, suspend, refuse to renew,

or revoke the accused registrant's certificate of registration. Any registrant who feels aggrieved

by any action of the board in denying, suspending, refusing to renew, or revoking that

registrant's certificate of registration may appeal the board's action to the district court under the

procedures provided by chapter 28-32.
N.D. Cent. Code § 43-33-15 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-15
43-33-15. Board of hearing aid specialists
Status: in_force

43-33-15. Board of hearing aid specialists

1. There is established a board of hearing aid specialists to carry out this chapter.

2. Members of the board must be residents of the state. The board consists of four

licensees who are not audiologists or otolaryngologists, one otolaryngologist, three

licensees who are audiologists, and two consumers. Each hearing aid specialist on the

board must be primarily engaged as a hearing aid specialist, must have at least five

years of experience in this state, and must hold a valid license as a hearing aid

specialist.

3. The governor shall appoint the members of the board. The term of office of each

member is four years. Before a member's term expires, the governor shall appoint a

successor to assume the member's duties at the expiration of the term. A vacancy in

the office of a member must be filled by appointment for the unexpired term. The

members shall designate annually one member to serve as chairman and another to

serve as secretary-treasurer. A member of the board may not be reappointed to the

board until at least one year after the expiration of that person's second term of office.

4. Except for the secretary-treasurer, each member shall serve without compensation

except mileage and travel expenses while engaged in the performance of the duties of

the office as is provided for state employees. The board shall establish the amount of

compensation for the secretary-treasurer.
N.D. Cent. Code § 43-20-07 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-07
43-20-07. Licensure by credential review
Status: repealed

43-20-07. Licensure by credential review

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-04-17 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-17
43-04-17. Amending or modifying price schedules after approval
Status: repealed

43-04-17. Amending or modifying price schedules after approval

Repealed by S.L. 1979, ch. 459, § 6.
N.D. Cent. Code § 43-05-16.2 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.2
43-05-16.2. Suspension or revocation of license
Status: in_force

43-05-16.2. Suspension or revocation of license

1. In addition to any other remedy provided by law, the board may, without a hearing,

temporarily suspend the license or permit of a podiatrist if the board finds as a matter

of probable cause based on verified evidence that the podiatrist has violated this

chapter or a rule of the board and that continued practice by the podiatrist would

create or be likely to result in a serious and imminent risk of harm to the public. The ex

parte temporary suspension order is effective upon written notice to the podiatrist,

specifying the law or rule violated. The ex parte temporary suspension remains in

effect until the board issues a final order in the matter after a hearing unless otherwise

ordered by a district court. When the board issues the ex parte temporary suspension

notice, the board shall schedule a disciplinary hearing to be held pursuant to chapter
N.D. Cent. Code § 43-07-07 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-07
43-07-07. Classes of licenses - License fees - License renewal fees
Status: in_force

43-07-07. If any contractor applies for a renewal under a class different from the

license previously issued, the new class license may be issued upon the payment of

the fee required for the issuance of the license of the class applied for. If any

contractor fails to file an application for a certificate for the current contractor year by

the March first deadline, the contractor's license is not in good standing and the

contractor is deemed to be unlicensed within the meaning of section 43-07-02. Within

sixty days after March first, the registrar shall notify the contractor by mail that the

contractor's license is not in good standing. The contractor then has until June first to

renew by paying a penalty fee of fifty dollars, filing an application for a certificate for

the current contractor year, and paying the renewal fee. A contractor who applies for a

certificate for the current contractor year before or within ninety days of the filing

deadline is not subject to the investigation authorized in section 43-07-09. After the

June first deadline any licenses not renewed are expired. Any application for a

certificate for the current contractor year must be fully completed within sixty days of

the date the application is received by the registrar or the registrar shall return the

application to the contractor who then is subject to section 43-07-09. The registrar may

destroy all renewals provided for in this section after the renewals have been on file for

six years.
N.D. Cent. Code § 43-03-10 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-10
43-03-10. Regulation of use of titles
Status: in_force

43-03-10. Regulation of use of titles

1. A person may not use the title or designation "architect", "registered architect",

"licensed architect", any variation of those terms, or any other words, letters, or device

to indicate that person is an architect authorized to practice architecture in this state

unless that person is registered as an architect under this chapter. In a copartnership

of architects, each member of the partnership shall hold a certificate of registration to

practice.

2. A person may not use the title or designation "landscape architect", "registered

landscape architect", "licensed landscape architect", any variation of those terms, or

any other words, letters, or device to indicate that person is a landscape architect

authorized to practice landscape architecture in this state unless that person is

registered as a landscape architect under this chapter.

3. This chapter does not authorize a landscape architect to use the title "architect" or to

practice architecture.
N.D. Cent. Code § 43-55-05 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-05
43-55-05. Bond
Status: in_force

43-55-05. Bond

1. A professional employer organization shall maintain a bond with a minimum value of

the lesser amount of one hundred thousand dollars or five percent of the total wages

reported on the employer's quarterly contribution and wage report to job service North

Dakota for the quarter ending immediately before the date submitted to the secretary

of state.

2. A professional employer organization that has not filed an employer's quarterly

contribution and wage report with job service North Dakota shall submit a bond in the

amount of one hundred thousand dollars.

3. The bond must be held by the secretary of state and secure payment by the

professional employer organization of any tax, wage, benefit, or other entitlement due

to or with respect to a covered employee if the professional employer organization

does not make the payment when due.

4. A professional employer organization shall provide the secretary of state notice of

cancellation or nonrenewal of the bond required by this section at least forty-five days

before cancellation or nonrenewal of the bond.

5. As used in this section, "bond" means a surety bond or an irrevocable letter of credit.
N.D. Cent. Code § 43-18-13.1 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-13.1
43-18-13.1. Reciprocity with other states
Status: in_force

43-18-13.1. Reciprocity with other states

The board may register, without examination, upon payment of the required fee,

nonresident applicants registered under the laws of other states having requirements for

regulating plumbers which the board determines are substantially equivalent to the

requirements of this state in those instances when such other state grants similar privileges to

North Dakota residents licensed under this chapter.
N.D. Cent. Code § 43-06-04 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-04
43-06-04. Board of chiropractic examiners - Members - Term of office
Status: in_force

43-06-04. Board of chiropractic examiners - Members - Term of office

1. Each member of the board shall qualify by taking the oath of office required of civil

officers and shall hold office for a term of five years and until the member's successor

is appointed and qualified. The terms of office of the members of the board must be so

arranged that only one term expires on the thirty-first day of August of any year except:

a. Every fifth year, the governor shall appoint a doctor of chiropractic and a certified

chiropractic clinical assistant to the board.

b. One year after the appointments in subdivision a, the governor shall appoint a

doctor of chiropractic and a consumer member to the board.

2. A member may not serve for more than two consecutive five-year terms.

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

may declare a vacancy. Vacancies on the board must be filled by appointment by the

governor.
N.D. Cent. Code § 43-23-22 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-22
43-23-22. Notice of terms and conditions of errors and omissions - Certificate of coverage
Status: in_force

43-23-22. Notice of terms and conditions of errors and omissions - Certificate of

coverage.

Each licensee must be notified of the required terms and conditions of coverage at least

thirty days before the annual license renewal date. A certificate of coverage, showing

compliance with the required terms and conditions of coverage, must be filed annually with the

real estate commission by each licensee who elects not to participate in the group insurance

program administered by the real estate commission.
N.D. Cent. Code § 43-07-16 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-16
43-07-16. Cancellation of license - Appeal
Status: repealed

43-07-16. Cancellation of license - Appeal

Repealed by S.L. 1963, ch. 304, § 16.
N.D. Cent. Code § 43-45-05.3 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-05.3
43-45-05.3. Private practice of addiction counseling
Status: in_force

43-45-05.3. Private practice of addiction counseling

A person may not engage in the private practice of addiction counseling unless that person

is an individual registered with the board as eligible for private practice under criteria established

by board rule.
N.D. Cent. Code § 43-04-20 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-20
43-04-20. Moneys of board held by treasurer - How disbursed
Status: in_force

43-04-20. Moneys of board held by treasurer - How disbursed

Moneys collected for the board under the provisions of this chapter must be kept by the

treasurer and disbursed only on warrants signed by the president and the secretary of the

board. At the end of the treasurer's term, the treasurer shall account to the successor to the

office for any moneys remaining in the treasurer's hands.
N.D. Cent. Code § 43-45-01 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-01
43-45-01. Definitions
Status: in_force

43-45-01. Definitions

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

1. "Addiction counseling" means the provision of counseling or assessment of an

individual regarding a substance-related or addictive disorder identified by the

"Diagnostic and Statistical Manual of Mental Disorders", American psychiatric

association, fifth edition, text revision (2013).

2. "Board" means the board of addiction counseling examiners.

3. "Clinical training" means training in addiction counseling, approved by the board.

4. "Internship" means work experience in a licensed addiction treatment facility under the

supervision of a clinical supervisor registered by the board.

5. "Licensee" means an individual licensed by the board to practice addiction counseling.

6. "Private practice of addiction counseling" means the independent practice of addiction

counseling by a qualified individual who is self-employed on a full-time or part-time

basis and is responsible for that independent practice. Consultation services provided

to an organization or agency are not the private practice of addiction counseling.
N.D. Cent. Code § 43-26.1-05 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-05
43-26.1-05. Application and examination
Status: in_force

43-26.1-05. Application and examination

1. An applicant for licensure shall file a complete application as required by the board.

The applicant shall include application fees as provided in this chapter and under

applicable rules.

2. The board shall provide examinations at times and places the board determines. The

board shall determine the passing score.

3. An applicant for licensure as a physical therapist may take the examination after the

application process has been completed. The examination must test entry-level

competence related to physical therapy theory, examination and evaluation, diagnosis,

prognosis, treatment intervention, prevention, and consultation.

4. An applicant for licensure as a physical therapist assistant may take the examination

after the application process has been completed. The examination must test for

requisite knowledge and skills in the technical application of physical therapy services.

5. An applicant for licensure who does not pass the examination on the first attempt may

retake the examination, not to exceed six attempts. There is a limit of two attempts for

scores below four hundred.

6. If the board determines an applicant or examinee has engaged, or has attempted to

engage, in conduct that subverts or undermines the integrity of the examination

process, the board may disqualify the applicant or examinee from taking the

examination.
N.D. Cent. Code § 43-15-27 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-27
43-15-27. Change place of business - Record - Fee
Status: in_force

43-15-27. Change place of business - Record - Fee

Every licensed pharmacist, within thirty days after changing a place of business as

designated on the books of the board, shall notify the secretary of the board of the new place of

business and shall accompany the notice with a fee to be set by the board not to exceed

twenty-five dollars. Upon receipt of the fee and the notice of change of place of business, the

secretary shall make the necessary change in the register and issue a receipt for the fee to the

person sending it.
N.D. Cent. Code § 43-09-03 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-03
43-09-03. Qualifications of members of board
Status: repealed

43-09-03. Qualifications of members of board

Repealed by S.L. 1949, ch. 287, § 11.
N.D. Cent. Code § 43-04-35 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-35
43-04-35. Failure to pass examination for registered barber - When applicant may be re-examined
Status: in_force

43-04-35. Failure to pass examination for registered barber - When applicant may be

re-examined.

An applicant for a certificate of registration to practice as a registered barber who fails to

pass a satisfactory examination conducted by the board must wait an additional three months

before that person again is entitled to take the examination for registration as a barber.
N.D. Cent. Code § 43-03-06 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-06
43-03-06. Salary of executive director - Expenses of board
Status: in_force

43-03-06. Salary of executive director - Expenses of board

1. If the board appoints or contracts an executive director, the executive director is

entitled to receive such salary as fixed by a resolution of the board adopted at a

regular meeting, and is entitled to receive reimbursement for travel, lodging, and other

expenses as are incurred legitimately in the performance of the executive director's

official duties.

2. Each member of the board is entitled to receive a per diem of seventy-five dollars for

each day or portion of a day spent in the discharge of the member's duties, such

mileage as is provided for by section 54-06-09, and is entitled to reimbursement for the

member's actual and necessary expenses incurred in the discharge of the member's

official duties.

3. The expenses of the board at no time may exceed the amount of moneys received

and on deposit to the credit of the board under the provisions of this chapter.
N.D. Cent. Code § 43-23.5-22 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-22
43-23.5-22. Disciplinary proceedings
Status: in_force

43-23.5-22. Disciplinary proceedings

The board may deny, suspend, revoke, impose a monetary penalty, issue a letter of

reprimand, refuse to issue or renew the registration of an appraisal management company, or

take other disciplinary action when:

1. The applicant or any partner has, within twelve months preceding the date of the

application, violated any provision of this chapter.

2. The applicant is not of good moral character.

3. The applicant has been the holder of a registration revoked or suspended for cause, or

surrendered in lieu of disciplinary proceedings.

4. The applicant, in the case of an application for renewal of any registration, would not

be eligible for such registration on a first application.

5. The issuance of the registration applied for would result in a violation of any provision

of this chapter or the rules adopted by the board.

6. In the conduct of affairs under the registration, demonstrated incompetency, or

untrustworthiness, or conduct or practices rendering the registrant unfit to carry on

appraisal management services or making continuance in the business detrimental to

the public interest, or that the licensee is no longer in good faith carrying on appraisal

management services, and for this conduct is found by the board to be a source of

detriment, injury, or loss to the public.

7. Committed any act in violation of this chapter.

8. Violated any rule or regulation adopted by the board in the interest of the public and

consistent with the provisions of this chapter.

9. Procured a registration or a renewal of a registration for the appraisal management

company or committed any other act by fraud, misrepresentation, or deceit.
N.D. Cent. Code § 43-10-10 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-10
43-10-10. License required
Status: in_force

43-10-10. License required

A person may not practice funeral service in this state unless that person is licensed by the

board or registered with the board as an intern embalmer.
N.D. Cent. Code § 43-29-03 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-03
43-29-03. Officers of board - Seal - Meetings - Limitations on meetings - Duties of board - Rules - Fees
Status: in_force

43-29-03. Officers of board - Seal - Meetings - Limitations on meetings - Duties of

board - Rules - Fees.

1. The board shall elect a president and a vice president. The board shall hold meetings

semiannually for the approval of applicants for licensure. The board may hold any

other meeting it determines necessary at the time and place it designates. No session

of the board may exceed two days. A quorum must be present to conduct the business

and proceedings of the board.

2. The board may adopt and enforce reasonable rules, and orders that it determines to

be necessary to the performance of its duties and the regulation of the practice of

veterinary medicine, veterinary technology, and veterinary telemedicine, including to:

a. Establish standards for professional conduct and inspection of veterinary

premises;

b. Establish requirements for granting of licenses and temporary licenses;

c. Establish requirements for renewal of licenses and continuing education;

d. Prepare application forms for licensure and renewal;

e. Administer the state board examination for qualified applicants;

f. Obtain the services of professional examination agencies to administer national

examinations; and

g. Issue, suspend, revoke, or place on probationary status licenses and temporary

licenses as provided in this chapter.

3. All rules must be submitted to the attorney general in accordance with chapter 28-32.

4. The board shall set the following by rule:

a. Application fee;

b. License fee;

c. Temporary license fee;

d. Renewal fee;

e. Late renewal fee; and

f. Continuing education fee.
N.D. Cent. Code § 43-29-13 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-13
43-29-13. Practice of veterinary medicine - Exceptions
Status: in_force

43-29-13. Practice of veterinary medicine - Exceptions

1. The following individuals may not be considered to be engaging in the practice of

veterinary medicine in this state:

a. An individual who treats animals, owned by themselves or the individual's regular

employer, except if ownership of the animal was transferred or otherwise

manipulated to avoid the requirements of this chapter.

b. An individual who conducts experiments in scientific research in the development

of methods, techniques, or treatment, directly or indirectly applicable to the

problems of medicine, and who in connection with these activities uses animals.

c. A student enrolled in an approved college of veterinary medicine performing

duties or actions assigned by an instructor or working under the direct supervision

of a veterinarian.

d. An individual engaged in this state in consultation with veterinarians legally

practicing herein.

e. An employee of the United States or this state while in the performance of duties

as an employee.

f. A merchant or manufacturer selling nonprescription medicine, feed, an appliance,

or any other product for use as labeled in the prevention or treatment of animal

diseases.

g. An employee of a veterinarian performing duties under the direction or

supervision of the veterinarian responsible for the employee's performance,

except the following duties:

(1) Performing surgery;

(2) Diagnosing;

(3) Prognosing; or

(4) Prescribing.

h. An individual lecturing or giving instructions or demonstrations within the

individual's area of professional expertise in connection with a continuing

education course or seminar.

i. An individual selling or applying any pesticide, insecticide, or herbicide.

j. An individual who is not a graduate of an approved college of veterinary

medicine, and is enrolled in an equivalency program of veterinary medicine as

approved by the board, performing duties or actions assigned by an instructor in

an approved college of veterinary medicine.

k. An individual performing a direct embryo transfer procedure on a recipient cow.

Except as provided in this subsection, an individual performing a direct embryo

transfer procedure on a recipient cow may not administer prescription drugs to

the cow during, or as part of, the procedure. The owner of the recipient cow,

however, may administer or cause the administration of prescription drugs to the

recipient cow during, or as part of, the procedure as prescribed by a veterinarian.

l. An individual who administers medication or treatment as prescribed by a

veterinarian.

m. An individual who performs gratuitous services for an animal in a life-threatening

situation.

2. This section may not be construed to protect individuals from animal cruelty laws in

this state.
N.D. Cent. Code § 43-49-10 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-10
43-49-10. Deposit of fees
Status: in_force

43-49-10. Deposit of fees

The secretary-treasurer shall deposit all fees collected under this chapter in a separate

account for the administration of this chapter.
N.D. Cent. Code § 43-23.1-01 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-01
43-23.1-01. Short title
Status: in_force

43-23.1-01. Short title

This chapter must be known and may be cited as the "Subdivided Lands Disposition Act".
N.D. Cent. Code § 43-17-28 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-28
43-17-28. When fee remitted to licensee
Status: repealed

43-17-28. When fee remitted to licensee

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-18.2-07 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-07
43-18.2-07. Examination requirements
Status: in_force

43-18.2-07. Examination requirements

The examination for applicants for licensure must consist of:

1. Questions pertaining to the application and maintenance of basic principles of sewer

and water installation.

2. Questions which require the application of the state plumbing code and the state

industrial safety code to building sewer and water installation.

The questions for the sewer and water contractor and the building sewer and water installer

need not be the same. The passing grade for the building sewer and water contractor must be

eighty percent, and the sewer and water installer's passing grade must be seventy percent.
N.D. Cent. Code § 43-44-11 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-11
43-44-11. Issuance of license
Status: in_force

43-44-11. Issuance of license

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

upon payment of the prescribed fee.
N.D. Cent. Code § 43-18.2-01 — ND Code / Title 43 / Chapter 43-18.2 / Section 43-18.2-01
43-18.2-01. Definitions
Status: in_force

43-18.2-01. Definitions

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

1. "Board" means the state board of plumbing.

2. "Sewer and water contractor" means any person who installs, plans, and manages the

installation and repair of building sewer and water service.

3. "Sewer and water installation" means the installation of building sewer and water

service and the repair of existing building sewer and water service.

4. "Sewer and water installer" means any person, other than a sewer and water

contractor, who installs and repairs building sewer and water service.
N.D. Cent. Code § 43-32-21 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-21
43-32-21. Consideration of application and notice to applicant
Status: in_force

43-32-21. Consideration of application and notice to applicant

Upon investigation of the application and other evidence submitted, the board shall notify

each applicant that the application and evidence submitted for licensing is satisfactory and

accepted, or unsatisfactory and rejected. If rejected, the notice must state the reasons for

rejection and explain the right to a hearing under chapter 28-32, if a hearing is requested within

thirty days.
N.D. Cent. Code § 43-40.1-14 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-14
43-40.1-14. Binding effect of compact and other laws
Status: in_force

43-40.1-14. Binding effect of compact and other laws

1. A licensee providing occupational therapy in a remote state under the compact

privilege shall function within the laws and regulations of the remote state.

2. This compact does not prevent the enforcement of any other law of a member state

which is not inconsistent with the compact.

3. A law in a member state in conflict with the compact is superseded to the extent of the

conflict.

4. Any lawful actions of the commission, including all rules and bylaws adopted by the

commission, are binding on the member states.

5. All agreements between the commission and the member states are binding in

accordance with the terms of the agreement.

6. If a provision of the compact exceeds the constitutional limits imposed on the

legislature of any member state, the provision is ineffective to the extent of the conflict

with the constitutional provision in question in that member state.
N.D. Cent. Code § 43-15-20 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-20
43-15-20. Fees for examination
Status: in_force

43-15-20. Fees for examination

Each applicant for licensure as a pharmacist in this state shall pay to the secretary of the

board before examination a fee to be set by the board not to exceed three hundred dollars. If

the applicant fails to pass a satisfactory examination, the applicant may be re-examined at any

regular meeting of the board, upon the payment of a further fee to be set by the board not to

exceed three hundred dollars.
N.D. Cent. Code § 43-11-10.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-10.1
43-11-10.1. Material changes to practice act
Status: in_force

43-11-10.1. Material changes to practice act

Material changes to the practice act must be brought to the board before enactment.
N.D. Cent. Code § 43-28-13 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-13
43-28-13. When re-examination required
Status: in_force

43-28-13. When re-examination required

An individual who does not undertake the actual practice of dentistry within five years from

the date of the individual's license and registration or any holder of any privilege related to the

practice of dentistry shall, before engaging in the practice of dentistry in this state, notify the

board of the intention in writing. The board, after a full investigation, may re-examine the

individual as to the individual's qualifications to practice dentistry in this state, if the board

deems such re-examination necessary. The failure of the individual to give the written notice to

the board before engaging in the practice of dentistry in this state is grounds for disciplinary

action.
N.D. Cent. Code § 43-12.1-15 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-15
43-12.1-15. Violation - Penalties
Status: in_force

43-12.1-15. Violation - Penalties

It is a class B misdemeanor for a person to willfully:

1. Buy or sell, fraudulently obtain, or furnish any questions and answers used in the

licensing examination for nurses, or assist others in the performance of these acts.

2. Buy or sell, fraudulently obtain, or furnish any record that might enable an individual to

obtain a license in this state or assist others in the performance of these acts.

3. Practice as an advanced practice registered nurse, a specialty practice registered

nurse, a registered nurse, a licensed practical nurse, or an unlicensed assistive person

through use of a transcript from a school of nursing, diploma, certificate of registration,

license, or record that was fraudulently created or obtained.

4. Practice as an advanced practice registered nurse, a specialty practice registered

nurse, a registered nurse, a licensed practical nurse, or an unlicensed assistive person

as defined by this chapter unless licensed to do so.

5. Conduct any education program preparing an individual for nursing licensure or

registration unless the program has been approved by the board.

6. Employ a person to practice nursing or perform nursing interventions unless the

person is licensed or registered by the board.
N.D. Cent. Code § 43-20-09 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-09
43-20-09. Violation a misdemeanor
Status: in_force

43-20-09. Violation a misdemeanor

A person violating section 43-20-08 is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-01-24 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-24
43-01-24. Utility easement documentation abstracts upon request
Status: in_force

43-01-24. Utility easement documentation abstracts upon request

Upon request, an abstracter shall furnish an abstract to title to the surface of any tract of

land omitting documents that affect utility easements, except for the initial document severing

the interest from the surface and a document limiting, modifying, or releasing the interest. In

addition and upon request, an abstracter shall furnish a list showing the names of the grantor

and grantee and the recording data of all related documents pertaining to a utility easement

which are not included in the surface abstract. For each instrument searched and listed, but not

included in the surface abstract, an abstracter may charge a fee of up to one dollar and fifty

cents.
N.D. Cent. Code § 43-15-44 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-44
43-15-44. Penalty for violations
Status: in_force

43-15-44. Penalty for violations

Any person who willfully violates any of the provisions of this chapter for which another

penalty is not specifically provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-15.4-01 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-01
43-15.4-01. Definitions
Status: in_force

43-15.4-01. Definitions

As used in this chapter:

1. "Board" means the state board of pharmacy.

2. "Compound" means the preparation, mixing, assembling, packaging, or labeling of a

drug or device.

3. "Controlled substance" means a drug, substance, or immediate precursor in

schedules I through V as set out in chapter 19-03.

4. "Dispensing" means the delivery of a veterinary prescription drug pursuant to the

lawful order of a licensed veterinarian and the associated recordkeeping that is

relevant to that practice.

5. "Extra-label use" means the use of an approved drug in a manner that is not in

accordance with the approved label directions.

6. "Nontraditional livestock" means any wildlife held in a cage, fence, enclosure, or other

manmade means of confinement that limits its movement within definite boundaries or

an animal that is physically altered to limit movement and facilitate capture.

7. "Veterinary prescription drugs" means drugs that are to be used or prescribed only

within the context of a valid veterinarian-client-patient relationship. Veterinary

prescription drugs are those drugs restricted by federal law to use by or on the order of

a licensed veterinarian.

8. "Veterinarian-client-patient relationship" means:

a. A veterinarian has assumed the responsibility for making medical judgments

regarding the health of an animal and the need for medical treatment, and the

client, who is the owner or other caretaker, has agreed to follow the instructions of

the veterinarian.

b. There is sufficient knowledge of the animal by the veterinarian to initiate at least a

general or preliminary diagnosis of the medical condition of the animal.

c. The practicing veterinarian is readily available for followup in the case of adverse

reactions or failure of the regimen of therapy. This relationship exists only when

the veterinarian has recently seen and is personally acquainted with the keeping

and care of the animal by virtue of an examination of the animal and by medically

appropriate and timely visits to the premises where the animal is kept.

9. "Veterinary dispensing technician" means a nonpharmacist registered by the board to

dispense veterinary prescription drugs in a veterinary retail facility.

10. "Veterinary retail facility" means an establishment registered by the board employing a

registered veterinary dispensing technician authorized to dispense veterinary

prescription drugs pursuant to bona fide orders of veterinarians.
N.D. Cent. Code § 43-09-14 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-14
43-09-14. Master electrician and class B electrician - Undertaking - Fund
Status: repealed

43-09-14. Master electrician and class B electrician - Undertaking - Fund

Repealed by S.L. 2015, ch. 292, §3.
N.D. Cent. Code § 43-02.2-05 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-05
43-02.2-05. Permits to practice - Individual
Status: repealed

43-02.2-05. Permits to practice - Individual

Repealed by S.L. 1999, ch. 372, § 15.
N.D. Cent. Code § 43-12.3-02 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-02
43-12.3-02. Application process
Status: in_force

43-12.3-02. Application process

The department of health and human services shall develop an application process for

public and private entities seeking to fill health care needs and for health care professionals

willing to provide necessary services in exchange for benefits under a student loan repayment

program.
N.D. Cent. Code § 43-23-12 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-12
43-23-12. Broker's place of business - License of salesperson
Status: in_force

43-23-12. Broker's place of business - License of salesperson

1. Every individual, partnership, association, corporation, or limited liability company

licensed as a real estate broker is required to have and maintain a definite place of

business within this state, for the transaction of real estate business, except as

provided in section 43-23-10. The license as broker and the license of each real estate

salesperson licensed under that broker must be prominently displayed in said office or

the licensee's name and license number listed on the broker's website. The place of

business must be designated in the license, and a license issued under the authority

of this chapter may not authorize the licensee to transact business under any other

broker. In case of removal from the designated broker, the licensee shall make

application to the commission before the removal or within five days after the removal,

designating the new location of such office, whereupon the commission immediately

shall issue a new license for the new location for the unexpired period. The broker's

home may qualify as the place of business.

2. All licenses issued to real estate salespersons must designate the broker of the

salespersons. Prompt notice in writing, within five days, must be given to the

commission by any real estate salesperson of a change of broker, and of the name of

the licensed broker into whose supervision the salesperson is about to enter, and a

new license must be issued by the commission to the salesperson for the unexpired

term of the original license, upon the return to the commission of the license previously

issued. The change of broker by any licensed real estate salesperson, without notice

to the commission, automatically cancels that person's license. Upon termination of a

real estate salesperson's supervision by a broker, the broker immediately shall notify

the commission in writing. It is unlawful for any real estate salesperson to perform any

of the acts contemplated by this chapter either directly or indirectly after that person's

supervision by a broker has been terminated, until the license has been reissued by

the commission to a new broker.
N.D. Cent. Code § 43-07-19 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-19
43-07-19. Nonresident contractors - Agent for service of process
Status: in_force

43-07-19. Nonresident contractors - Agent for service of process

Every applicant for a contractor's license who is not a resident of the state of North Dakota,

by signing and filing the application, appoints the registrar as the applicant's true and lawful

agent upon whom may be served all lawful process in any action or proceeding against such

nonresident contractor. The appointment in writing is evidence of the contractor's consent that

any process against the contractor which is so served upon the registrar is of the same legal

force and effect as if served upon the contractor personally within this state. Registered foreign

corporations entitled to do business in this state according to chapter 10-19.1, registered foreign

limited liability companies entitled to do business in the state according to chapter 10-32.1,

foreign limited liability partnerships entitled to do business in the state according to chapter

45-22, and foreign limited partnerships entitled to do business in the state according to chapter

45-10.2 and having a current registered agent and registered address on file in the registrar's

office do not need to appoint the registrar as agent for service of process under this section.

Within ten days after service of the summons upon the registrar, notice of the service with the

summons and complaint in the action must be sent to the defendant contractor at the defendant

contractor's last-known address by registered mail with return receipt requested and proof of the

mailing must be attached to the summons. The registrar shall keep a record of all process

served upon the registrar under this section, showing the day and hour of service. If service of

process was made under this section, the court, before entering a default judgment, or at any

stage of the proceeding, may order the continuance as may be necessary to afford the

defendant contractor reasonable opportunity to defend any action pending against the

defendant contractor.
N.D. Cent. Code § 43-23.5-23 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-23
43-23.5-23. Criminal history background checks
Status: in_force

43-23.5-23. Criminal history background checks

The board shall require an applicant for registration under section 43-23.5-03, an owner

under section 43-23.5-08, or a controlling person under section 43-23.5-09 to submit to a

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

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

obtaining a background check are the responsibility of the applicant or the regulated individual.
N.D. Cent. Code § 43-04-40 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-40
43-04-40. Refusal and revocation of certificate
Status: in_force

43-04-40. Refusal and revocation of certificate

The board either may refuse to issue or renew a certificate of registration to practice

barbering or may suspend or revoke the same for any one, or a combination, of the following

causes:

1. Conviction of an offense, shown by a certified copy of the record of conviction,

determined by the board to have a direct bearing upon a person's ability to serve the

public as a barber, or the board determines, following conviction of any offense, that

the person is not sufficiently rehabilitated under section 12.1-33-02.1.

2. Gross malpractice or gross incompetency.

3. Continued practice by a person knowingly having an infectious or contagious disease.

4. Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other

habit-forming drug.

5. Advertising by means of knowingly false or deceptive statements.

6. Immoral and unprofessional conduct.

7. When satisfied that any such person has violated any provision of this chapter.

8. Repeated violations of the rules of the board governing the sanitary regulation of

barbershops and barber schools.
N.D. Cent. Code § 43-15-31.3 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-31.3
43-15-31.3. Oral transmission of prescriptions
Status: in_force

43-15-31.3. Oral transmission of prescriptions

An oral transmission of a prescription drug may be accepted and dispensed by a

pharmacist or licensed pharmacist intern if received from a practitioner, or a nurse licensed

under chapter 43-12.1 who is authorized by the practitioner to orally transmit the prescription, or

a registered dental hygienist or a registered dental assistant who is authorized by the

supervising dentist to orally transmit the prescription. The practitioner shall document the order

for oral transmission in the patient's records. Only a licensed pharmacist or a licensed

pharmacist intern or a registered pharmacy technician may receive an orally transmitted new or

refill prescription.
N.D. Cent. Code § 43-43-07 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-07
43-43-07. Denial, suspension, revocation of license
Status: in_force

43-43-07. Denial, suspension, revocation of license

The department of health and human services may refuse to issue or renew a license or

may suspend or revoke a license when the licensee or applicant for license has engaged in

unprofessional conduct. Unprofessional conduct includes:

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

facts.

2. Engaging in unprofessional conduct, as defined by the rules adopted by the

department of health and human services, or violating the code of ethics adopted by

the department of health and human services.

3. Conviction of an offense, as defined by section 12.1-01-04, determined by the

department of health and human services to have a direct bearing on the person's

ability to serve the public in the capacity of a licensed environmental health

practitioner; or the department of health and human services determines that such

applicant or licensee, following conviction of any offense, is not sufficiently

rehabilitated under section 12.1-33-02.1.

4. Violation of any order or rule adopted by the department of health and human

services.

5. Violation of this chapter.

The person may apply to the department of health and human services for reinstatement after

one year from the date of revocation of a license. The department of health and human services

may accept or reject an application for reinstatement, or may require conditions and an

examination for reinstatement.
N.D. Cent. Code § 43-17-38 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-38
43-17-38. Emergency treatment by nonresident licensee
Status: in_force

43-17-38. Emergency treatment by nonresident licensee

Any individual duly licensed to practice in another state of the United States who renders in

this state emergency care at the scene of the emergency may only be held to the degree of care

as specified in section 43-17-37, and may not be deemed to be practicing medicine within this

state as contemplated by this chapter.
N.D. Cent. Code § 43-04-25 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-25
43-04-25. Application for admission to barber school
Status: in_force

43-04-25. Application for admission to barber school

No school or college of barbering may enroll or admit any student thereto unless such

student shall make and file, in duplicate, a duly verified application, which must be in such form

and which must contain such matters as the state board of barber examiners may prescribe and

which must be obtained by such student or the school or college from said board. One copy of

such application must be retained by the school or college enrolling or admitting the student,

and the other copy must be filed by such school or college with said board.
N.D. Cent. Code § 43-01-13 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-13
43-01-13. Seal of abstracter
Status: in_force

43-01-13. Seal of abstracter

Any person, firm, corporation, or limited liability company furnishing abstracts of title to real

property under the provisions of this chapter shall have a seal which has stamped on it the

name and location of such person, firm, corporation, or limited liability company. An impression

of the seal shall be deposited with the secretary-treasurer of the board before the certificate of

registration is issued. The seal shall be affixed to every abstract or certificate of title issued by

such person, firm, corporation, or limited liability company.
N.D. Cent. Code § 43-13-21 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-21
43-13-21. License to be displayed
Status: in_force

43-13-21. License to be displayed

Every person to whom a license to practice optometry in this state is issued shall display the

same in a conspicuous place in the office where the practice of optometry is conducted.
N.D. Cent. Code § 43-11-18 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-18
43-11-18. School advertising must disclose work done by students - Violation - Cancellation of license
Status: in_force

43-11-18. School advertising must disclose work done by students - Violation -

Cancellation of license.

No person, firm, corporation, or limited liability company operating or conducting a school of

cosmetology may advertise to perform any of the practices of cosmetology without disclosing

that the practice offered is to be performed by students under the supervision of a licensed

instructor. If any school violates this section, the board, after notice and hearing and a

determination of the violation, shall cancel the license granted to the school.
N.D. Cent. Code § 43-11-15 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-15
43-11-15. Establishment ownership and operation
Status: in_force

43-11-15. Establishment ownership and operation

1. An establishment may be owned by any person authorized to do business in this state.

2. The board shall determine the qualifications by rule for licensure and license fees for

an establishment.
N.D. Cent. Code § 43-41-05 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-05
43-41-05. Private practice of social work
Status: in_force

43-41-05. Private practice of social work

A person may not engage in the private practice of social work unless that person has been

licensed by the board as a licensed clinical social worker.
N.D. Cent. Code § 43-17.5-02 — ND Code / Title 43 / Chapter 43-17.5 / Section 43-17.5-02
43-17.5-02. Definitions
Status: in_force

43-17.5-02. Definitions

In this compact:

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

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

physician assistant license or license application or compact privilege including license

denial, censure, revocation, suspension, probation, monitoring of the licensee, or

restriction on the licensee's practice.

2. "Compact privilege" means the authorization granted by a remote state to allow a

licensee from another participating state to practice as a physician assistant to provide

medical services and other licensed activity to a patient located in the remote state

under the remote state's laws and regulations.

3. "Conviction" means a finding by a court that an individual is guilty of a felony or

misdemeanor offense through adjudication or entry of a plea of guilt or no contest to

the charge by the offender.

4. "Criminal background check" means the submission of fingerprints or other biometric-

based information for a license applicant for the purpose of obtaining that applicant's

criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the state's

criminal history record repository as defined in 28 C.F.R. § 20.3(f).

5. "Data system" means the repository of information about licensees, including license

status and adverse actions, which is created and administered under the terms of this

compact.

6. "Executive committee" means a group of directors and ex officio individuals elected or

appointed under section 43-17.5-07.

7. "Impaired practitioner" means a physician assistant whose practice is adversely

affected by health-related conditions that impact their ability to practice.

8. "Investigative information" means information, records, or documents received or

generated by a licensing board pursuant to an investigation.

9. "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of a physician assistant in a state.

10. "License" means current authorization by a state, other than authorization pursuant to

a compact privilege, for a physician assistant to provide medical services, which would

be unlawful without current authorization.

11. "Licensee" means an individual who holds a license from a state to provide medical

services as a physician assistant.

12. "Licensing board" means any state entity authorized to license and otherwise regulate

physician assistants.

13. "Medical services" means health care services provided for the diagnosis, prevention,

treatment, cure or relief of a health condition, injury, or disease, as defined by a state's

laws and regulations.

14. "Model compact" means the model for the physician assistant licensure compact on

file with the council of state governments or other entity as designated by the

commission.

15. "Participating state" means a state that has enacted this compact.

16. "Physician assistant" means an individual who is licensed as a physician assistant in a

state. For purposes of this compact, any other title or status adopted by a state to

replace the term "physician assistant" is deemed synonymous with "physician

assistant" and confers the same rights and responsibilities to the licensee under the

provisions of this compact at the time of its enactment.

17. "Physician assistant licensure compact commission", "compact commission", or

"commission" mean the national administrative body created pursuant to section

43-17.5-07 of this compact.

18. "Qualifying license" means an unrestricted license issued by a participating state to

provide medical services as a physician assistant.

19. "Remote state" means a participating state where a licensee who is not licensed as a

physician assistant is exercising or seeking to exercise the compact privilege.

20. "Rule" means a regulation promulgated by an entity that has the force and effect of

law.

21. "Significant investigative information" means investigative information that a licensing

board, after an inquiry or investigation that includes notification and an opportunity for

the physician assistant to respond if required by state law, has reason to believe is not

groundless and, if proven true, would indicate more than a minor infraction.

22. "State" means any state, commonwealth, district, or territory of the United States.
N.D. Cent. Code § 43-26.1-17 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-17
43-26.1-17. Penalty
Status: in_force

43-26.1-17. Penalty

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-41-11 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-11
43-41-11. Hearings and disciplinary proceedings - Appeals
Status: in_force

43-41-11. Hearings and disciplinary proceedings - Appeals

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

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

section 43-41-10, and which sets forth information upon which a reasonable and

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

cause the matter to be investigated.

2. The board may investigate a complaint on its own motion, without requiring the identity

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

good cause exists for preserving the anonymity of the complainant.

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

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

the social worker's individual record in the board's office.

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

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

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

issues to be considered and determined.

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

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

the allegations must be deemed admitted and disciplinary sanctions deemed

appropriate by the board must be imposed.

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

disciplinary action.

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

provisions of section 28-32-42.

8. The board shall recover costs of the board resulting from a hearing or disciplinary

process:

a. If an order is issued in resolution of a disciplinary proceeding before the board,

the board may request the administrative law judge to direct a licensee found as

a result of the proceeding to have violated any laws or rules to pay to the board a

sum not to exceed the costs of the investigation and fees of the attorneys

representing the board in the matter. The costs to be assessed must be fixed by

the administrative law judge and may not be increased by the board.

b. If an order for recovery of costs is made and timely payment is not made as

directed in the board's decision, the board may enforce the order for payment in

the district court of Burleigh County. This right of enforcement is in addition to any

other rights the board may have as to any person directed to pay costs. In any

action for recovery of costs, proof of the board's decision is conclusive proof of

the validity of the order of payment and the terms for payment.
N.D. Cent. Code § 43-10-15.3 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-15.3
43-10-15.3. Change of name
Status: in_force

43-10-15.3. Change of name

Any licensee desiring to change the name appearing on the licensee's license may do so by

applying to the board and paying a fee of ten dollars.
N.D. Cent. Code § 43-31-13 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-13
43-31-13. Attorney general may issue regulations
Status: in_force

43-31-13. Attorney general may issue regulations

The attorney general may issue regulations, consistent with the provisions of this chapter,

for the administration and enforcement thereof and may prescribe forms which shall be issued

in connection therewith.
N.D. Cent. Code § 43-30-07 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-07
43-30-07. Contents of license - Posting
Status: repealed

43-30-07. Contents of license - Posting

Repealed by S.L. 1983, ch. 487, § 13.
N.D. Cent. Code § 43-26.1-14 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-14
43-26.1-14. Lawful practice
Status: in_force

43-26.1-14. Lawful practice

1. A physical therapist or physical therapist assistant licensed under this chapter is fully

authorized to practice physical therapy. The board shall require each licensee to

provide the board with evidence of competence regarding the various elements of

manual therapy the licensee practices so the board may determine satisfactory

competency levels and requirements as provided under section 43-26.1-03.

2. A physical therapist or physical therapist assistant shall adhere to the standards of

ethics of the physical therapy profession as established by rule.

3. A physical therapist may purchase, store, and administer topical medications, including

aerosol medications as part of the practice of physical therapy but may not dispense or

sell any of the medications to patients. A physical therapist shall comply with any

regulation adopted by the United States pharmacopoeia specifying protocols for

storage of medications.
N.D. Cent. Code § 43-38-02 — ND Code / Title 43 / Chapter 43-38 / Section 43-38-02
43-38-02. Electrologist and electronic hair removal technician licensure - Duties of state health council
Status: in_force

43-38-02. Electrologist and electronic hair removal technician licensure - Duties of

state health council.

The department shall issue an electrologist's or electronic hair removal technician's license.

The annual license must be determined annually but may not exceed fifty dollars for new

licenses and not exceed twenty-five dollars for relicensure.
N.D. Cent. Code § 43-12.1-13.2 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-13.2
43-12.1-13.2. Emergency treatment by licensed nurses during disaster
Status: repealed

43-12.1-13.2. Emergency treatment by licensed nurses during disaster

Repealed by S.L. 1995, ch. 403, § 17.
N.D. Cent. Code § 43-23.3-23 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-23
43-23.3-23. Penalties
Status: in_force

43-23.3-23. Penalties

A person acting or purporting to act as an apprentice, licensed, or certified appraiser without

holding a permit to practice is guilty of a class A misdemeanor. An appraiser, apprenticed,

licensed, or certified in another state, who engages in, advertises, conducts the business of, or

acts in any capacity as an appraiser without first obtaining a permit is guilty of a class A

misdemeanor. In addition to any other penalty, a person receiving any money or other

compensation in violation of this chapter is subject to a penalty of not less than the amount of

the sum of money received and not more than three times the sum in the discretion of the court.
N.D. Cent. Code § 43-04-03 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-03
43-04-03. Exemptions
Status: in_force

43-04-03. Exemptions

1. The following individuals, when engaged in the proper discharge of their occupational

duties, are exempt from the provisions of this chapter:

a. Individuals authorized by the laws of this state to practice medicine and surgery.

b. Commissioned medical or surgical officers of the United States army, navy, air

force, or marine hospital service.

c. Registered nurses.

d. Licensed cosmetologists.

2. An individual exempt under subdivision a, b, or c of subsection 1 may not shave nor

trim the beard nor cut the hair of any individual for cosmetic purposes.

3. An individual exempt under this section may not advertise, hold out to the public, or

represent in any manner that the individual is a barber, or violate the barber pole

limitation under section 43-04-49.
N.D. Cent. Code § 43-40-02 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-02
43-40-02. License required - Title - Abbreviation
Status: in_force

43-40-02. License required - Title - Abbreviation

A person may not practice occupational therapy or hold out as an occupational therapist, or

as being able to practice occupational therapy, or to render occupational therapy services in this

state unless that person is licensed under this chapter. Only individuals may be licensed under

this chapter. An individual licensed under this chapter as an occupational therapist may use the

title "occupational therapist" and the abbreviation "OT/L" or other designation approved by the

board. An individual licensed under this chapter as an occupational therapy assistant may use

the title "occupational therapy assistant" and the abbreviation "OTA/L" or other designation

approved by the board. No other individual may use these names or abbreviations.
N.D. Cent. Code § 43-18-17.3 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-17.3
43-18-17.3. Inspection of installation - Exception
Status: in_force

43-18-17.3. Inspection of installation - Exception

The board has jurisdiction over and shall make provision for inspection of plumbing

installations or alterations to public buildings and installations in newly constructed dwelling

units, except as provided in this section. Political subdivisions may provide for inspection of

plumbing work done within their jurisdictional limits. The board may charge the person

responsible for the installation a reasonable fee not to exceed the cost of inspection. No

inspection is required for any repair work or plumbing fixture replacement which requires only

minor alteration, or to buildings that are not connected to a public system of waterworks or

sewerage, and does not apply to maintenance work conducted by regularly employed

maintenance personnel on the business premises of their employer.
N.D. Cent. Code § 43-58-10 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-10
43-58-10. Employment by hospitals
Status: in_force

43-58-10. Employment by hospitals

A hospital may employ a naturopath in the same manner as provided under section

43-17-42.
N.D. Cent. Code § 43-13-05 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-05
43-13-05. Executive director of board - Duties - Record - Custodian of fees - Report
Status: in_force

43-13-05. Executive director of board - Duties - Record - Custodian of fees - Report

The executive director of the board, or the executive director's designee, has the following

duties:

1. Keep a full record of the proceedings of the board.

2. Be custodian of all fees coming into the possession of the board.

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 § 43-19.1-24.1 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-24.1
43-19.1-24.1. Engineer not liable for contractor's fault unless responsibility assumed - Liability for own negligence
Status: in_force

43-19.1-24.1. Engineer not liable for contractor's fault unless responsibility assumed -

Liability for own negligence.

An engineer is not liable for the safety of persons or property on or about a construction

project site, or for the construction techniques, procedures, sequences and schedules, or for the

conduct, action, errors, or omissions of any construction contractor, subcontractor, or material

supplier, their agents or employees, unless the engineer assumes responsibility therefor by

contract or by the engineer's actual conduct. Nothing herein may be construed to relieve an

engineer from liability for negligence, whether in the engineer's design work or otherwise.
N.D. Cent. Code § 43-07-24 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-24
43-07-24. Duty to supply license number when applying for building permit - Display of number
Status: in_force

43-07-24. Duty to supply license number when applying for building permit - Display

of number.

When applying for a building permit, a contractor shall supply the permit issuing official that

contractor's license number. That official shall enter those numbers on the permit. A person

performing general contractor's work on that person's own property, even if exempt from the

licensing requirements of this chapter, shall, when applying for a building permit, supply the

building permit issuing official the license number, as soon as available, of each subcontractor

engaged on the project and doing work covered by the permit. That official shall enter each

number so supplied before inspection of the work.
N.D. Cent. Code § 43-15-11 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-11
43-15-11. Fees deposited with state treasurer - Separate fund - Vouchers
Status: repealed

43-15-11. Fees deposited with state treasurer - Separate fund - Vouchers

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-61-06 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-06
43-61-06. Initial applications - Education testing exception
Status: in_force

43-61-06. Initial applications - Education testing exception

Notwithstanding the education and examination requirements for licensure under

subdivisions a and b of subsection 1 of section 43-61-05, if an applicant was a bona fide

resident of the state from January 1, 2015, through December 31, 2015, was practicing

acupuncture in this state immediately preceding January 1, 2016, was required to apply for

licensure under this chapter in order to continue that practice, and does not meet the

educational or examination requirements or both, the board may issue a license or limited

license to that applicant if, following an examination of the applicant's education and experience,

the board determines the applicant has sufficient education and experience to prepare the

applicant to practice acupuncture.
N.D. Cent. Code § 43-44-10 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-10
43-44-10. Persons excepted from license requirement
Status: in_force

43-44-10. Persons excepted from license requirement

This chapter does not prevent or restrict the practice, services, or activities of:

1. A licensed health care practitioner duly licensed in accordance with title 43 who is

acting within the scope of the individual's licensed profession, consistent with the

accepted standards of the practitioner's profession, if the practitioner does not

represent the practitioner as a licensed registered dietitian, nutritionist, or licensed

nutritionist.

2. A student or trainee, working under the onsite supervision of a qualified supervisor

while fulfilling an experience requirement or pursuing a course of study to meet the

licensure requirements of section 43-44-07 or 43-44-08, for a time period of no more

than five years after the student or trainee completed the course requirements for

licensure and the student or trainee is designated by a title that clearly indicates that

individual's status as a student or trainee.

3. An individual providing support activities related to medical nutrition therapy, if the

individual works under the general supervision of a registered dietitian licensed by this

board, licensed nutritionist licensed by this board, or other health care practitioner

licensed by the appropriate North Dakota board whose licensed scope of practice

includes the provision of nutrition care services for the purpose of managing a disease

or medical condition.

4. An individual providing nutrition care services for the purpose of treating or managing

a disease or medical condition as a duty of serving in the armed forces.

5. A foreign practitioner providing nutrition care services for the purpose of treating or

managing a disease or medical condition in this state if the practitioner is acting within

the scope of practice designated by the foreign practitioner's license and by this title

without obtaining a license if the services are provided through a remote means and

are a continuation of an existing relationship between the foreign practitioner and the

individual receiving the services which was formed in the state or jurisdiction in which

the foreign practitioner is currently licensed.

6. A foreign practitioner providing nutrition care services for the purpose of treating or

managing a disease or medical condition in this state if the practitioner is acting within

the scope of practice designated by the foreign practitioner's license and this title

without obtaining a license if the services are provided in consultation with a person

licensed by the board and if the foreign practitioner has no direct communication in this

state with the individual receiving the services except in the presence of the individual

licensed by the board. Both the foreign practitioner and the individual licensed by the

board are responsible for the services provided.

7. An educator who is in the employ of a federal, state, county, or municipal agency, or

other political subdivision, or an elementary or secondary school, or an accredited

institution of higher education insofar as the activities and services are part of the

duties of the employee's position and do not involve provision of medical nutrition

therapy; or who is in the employ or service of a nonprofit organization approved by the

board.

8. An individual having received a baccalaureate degree in home economics or family

and consumer sciences, if the individual does not represent that the individual is a

licensed registered dietitian, nutritionist, or licensed nutritionist, insofar as the services

and activities are within the scope of that individual's education and training.

9. An individual who markets or distributes food, food materials, herbs, or dietary

supplements, or any individual who engages in the advising of the use of those

products, or the preparation of those products, or the counseling of individuals or

groups in the selection of products to meet normal nutritional needs, if that individual

does not represent that individual is a licensed registered dietitian, nutritionist, or

licensed nutritionist.

10. An individual from providing nutrition information, individualized nutrition

recommendations, health coaching, holistic and wellness education, guidance,

motivation, behavior change management, nonmedical weight control, or other

nutrition care services if the services do not constitute medical nutrition therapy and

the individual does not hold the individual out as a licensed registered dietitian,

nutritionist, or licensed nutritionist or as a provider of medical nutrition therapy or

otherwise violate provisions of this chapter.

11. An individual providing medical weight control services for individuals with prediabetes

or obesity:

a. Under a program of instruction approved in writing by one of the following:

(1) A licensed registered dietitian or licensed nutritionist in this state;

(2) A dietitian nutritionist or nutritionist licensed in another state that has

licensure requirements at least as stringent as the licensure requirements

under this chapter, as determined by the board;

(3) A registered dietitian nutritionist; or

(4) A certified nutrition specialist; or

b. As part of a plan of care overseen by a health care practitioner licensed in this

state and acting within the scope of the individual's licensed profession,

consistent with the accepted standards of the practitioner's profession to provide

nutrition care services for the purpose of treatment or management of a disease

or medical condition.

12. An individual who provides nutrition care services without remuneration to family

members.
N.D. Cent. Code § 43-17-42 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-42
43-17-42. Employment of physicians by hospitals, nonprofit entities, and charitable trusts
Status: in_force

43-17-42. Employment of physicians by hospitals, nonprofit entities, and charitable

trusts.

Notwithstanding any other provision of law, a hospital licensed under chapter 23-16,

nonprofit entity, or charitable trust may employ directly or indirectly a physician if the

employment relationship between the physician and hospital, nonprofit entity, or charitable trust

is evidenced by a written contract. The written contract must contain language to the effect the

employment relationship with the physician may not affect the exercise of the physician's

independent judgment in the practice of medicine, and the physician's independent judgment in

the practice of medicine is in fact unaffected by the physician's employment relationship with the

hospital, nonprofit entity, or charitable trust. Under this section the hospital, nonprofit entity, or

charitable trust is not engaged in the practice of medicine.
N.D. Cent. Code § 43-58-03.1 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-03.1
43-58-03.1. Powers and duties of the board
Status: in_force

43-58-03.1. Powers and duties of the board

1. The board shall adopt rules:

a. To administer and enforce this chapter;

b. To specify the scope of practice, which must be consistent with the required

education;

c. To establish any exemptions from licensure;

d. That endorse equivalent licensure examinations of another state or foreign

country and which may include licensure by reciprocity;

e. That establish appropriate educational standards;

f. To establish renewal requirements; and

g. That set required fees, including:

(1) An application fee;

(2) A license fee;

(3) A renewal fee;

(4) A late fee;

(5) Administrative fees; and

(6) Continued education fees.

2. The board may establish continuing education requirements for license renewal.

3. The board may adopt a code of ethics for naturopaths.

4. If the number of naturopath licensees in the state increases to at least one hundred,

the board shall consider whether to introduce legislation creating an independent

board to regulate the profession.

5. The board may require an applicant for licensure or a licensee who is the subject of a

disciplinary investigation to submit to a statewide and nationwide criminal history

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

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

record check are the responsibility of the licensee or applicant.
N.D. Cent. Code § 43-04-09 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-09
43-04-09. Headquarters of board - Board to adopt seal - Quorum
Status: in_force

43-04-09. Headquarters of board - Board to adopt seal - Quorum

The board shall have its headquarters at such suitable place as may be designated by it. It

shall adopt and use a common seal for the authentication of its orders and records. The majority

of the members of the board in a meeting duly assembled may perform and exercise all the

duties and powers imposed upon the board.
N.D. Cent. Code § 43-19.1-08 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-08
43-19.1-08. Board - Powers
Status: in_force

43-19.1-08. Board - Powers

The board may:

1. Adopt and amend all bylaws, rules of procedure, and regulations to administer and

carry out the provisions of this chapter and for the conduct of the board's affairs and

functions which may be reasonably necessary for the proper performance of the

board's duties and the regulation of the board's proceedings, meetings, records, and

examinations and the conduct thereof, and to adopt a code of ethics that must be

binding upon all persons registered under or subject to this chapter.

2. Adopt and have an official seal, which must be affixed to each certificate issued.

3. Employ such clerks, technical experts, and attorneys as the board determines

necessary or desirable to carry out this chapter.

4. Hold hearings, administer oaths, and take and record testimony; under the hand of the

board's chairman and the seal of the board, subpoena witnesses and compel the

witnesses' attendance; require the submission of books, papers, documents, or other

pertinent data in any disciplinary matters, or in any case when a violation of this

chapter or of the rules or regulations adopted by the board is alleged; and make

findings, orders, and determinations that have the force and effect of law which are

subject to review by the courts of this state in the manner provided by chapter 28-32.

Upon failure or refusal of any person to comply with any such order of the board or to

honor the board's subpoena, the board may apply to a court of any jurisdiction to

enforce compliance with the order or subpoena.

5. Apply in the name of the state for relief by injunction, without bond, to enforce the

provisions of this chapter or to restrain any violation of this chapter. In such

proceedings, it is not necessary to allege or prove, either that an adequate remedy at

law does not exist or that substantial or irreparable damage would result from the

continued violation thereof. The members of the board are not personally liable under

this proceeding.
N.D. Cent. Code § 43-07-02 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-02
43-07-02. License required - Construction fraud - Penalty
Status: in_force

43-07-02. License required - Construction fraud - Penalty

1. A person may not engage in the business nor act in the capacity of a contractor within

this state when the cost, value, or price per job exceeds the sum of four thousand

dollars nor may that person maintain any claim, action, suit, or proceeding in any court

of this state related to the person's business or capacity as a contractor without first

having a license as provided in this chapter.

2. Any person acting in the capacity of a contractor without a license is guilty of a class A

misdemeanor. Regardless of whether a person is subjected to criminal prosecution

under this subsection, and in addition to the license fee that may be assessed when

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

registrar, following written notice to the person of an intent to assess the penalty, in an

amount not to exceed three times the amount set forth in section 43-07-07. Any civil

penalty must be assessed and collected before a person is issued a license. The

assessment of a civil penalty may be appealed in the same manner as appeals under

section 43-07-04.

3. A person commits construction fraud if:

a. The person receives payment for a construction project by intentionally using

deception as defined in section 12.1-23-10.

b. The person receives payment for the purchase of materials or supplies and

willfully fails to pay the supplier for the goods received.

c. The person willfully abandons a construction project after receiving payment for

services or materials. Abandonment under this subdivision arises if:

(1) A contractor fails substantially to commence any work agreed upon:

(a) Within sixty days of a starting date agreed upon in writing; or

(b) Within ninety days of the contract date if no starting date is agreed

upon in writing; or

(2) A contractor fails to complete any work agreed upon in writing within

ninety days of a completion date agreed upon in writing, or within one

hundred eighty days of the contract date if no completion date is agreed

upon in writing.

4. It is a defense to prosecution under subsection 3 if:

a. The person returned all of the payment received for work not performed or

materials not supplied. If the person provided materials to the jobsite but did

not pay suppliers for those materials, this defense does not apply. This

defense is only valid if the payment was provided before criminal charges

were filed.

b. The person had a legitimate legal excuse for nonperformance.

c. The person was not able to begin or complete the project because there were

factors outside of the person's control and the person made substantial efforts

to resolve any dispute.

5. The grade of the offense for violating subsection 3 is based on the amount of

payment received. Payment of under ten thousand dollars is a class C felony;

more than ten thousand dollars but not more than fifty thousand dollars is a class B

felony; and more than fifty thousand dollars is a class A felony.
N.D. Cent. Code § 43-01-01 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-01
43-01-01. Board - Definition
Status: in_force

43-01-01. Board - Definition

Whenever the word "board" is used in this chapter it means the abstracters' board of

examiners.
N.D. Cent. Code § 43-20-03 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-03
43-20-03. Dental hygienists - Practice by
Status: in_force

43-20-03. Dental hygienists - Practice by

1. As used in this chapter, "dental hygiene" and the practice thereof means the removal

of accumulated matter from the natural and restored surfaces of teeth and from

restorations in the human mouth, the polishing of such surfaces, and the topical

application of drugs to the surface tissues of the mouth and to the surface of teeth if

performed under the supervision of a licensed dentist as established by the board by

rule.

2. Only a person licensed as a dental hygienist may be referred to as a dental hygienist.

3. The board may outline by rule additional tasks permitted to be performed by licensed

dental hygienists.
N.D. Cent. Code § 43-37-13 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-13
43-37-13. Disciplinary actions
Status: in_force

43-37-13. Disciplinary actions

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

take other disciplinary action against a licensee if the licensee or applicant for license

engaged in unprofessional conduct. Unprofessional conduct includes:

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

material facts.

b. Engaging in unprofessional conduct, as defined by the rules adopted by the

board, or violating the code of ethics adopted by the board by rule.

c. Being convicted of an offense if the acts for which that individual is convicted are

determined by the board to have a direct bearing on that applicant's or licensee's

ability to serve the public in the capacity of a speech-language pathologist,

speech-language pathology assistant, or audiologist; or the board determines that

applicant or licensee, following conviction of any other offense, is not sufficiently

rehabilitated under section 12.1-33-02.1.

d. Violating an order or rule adopted by the board.

e. Violating this chapter.

f. Receiving remuneration of any kind from the sale of any type of hearing aid,

unless licensed under chapter 43-33.

2. When conducting an investigation of an alleged violation of this chapter, the board may

subpoena and examine records, including client or patient records, and may copy,

photograph, or take samples of the records. The board may require a licensee to give

statements under oath, submit to a physical or psychological examination, or both if

the board reasonably believes an examination is in the best interests of the public. The

client and patient records released to the board are not public records.

3. One year from the date of revocation of a license, the licensee may make application

to the board for reinstatement. The board may accept or reject an application for

reinstatement or may require an examination for reinstatement.
N.D. Cent. Code § 43-11-38 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-38
43-11-38. Inspection generated by a complaint
Status: in_force

43-11-38. Inspection generated by a complaint

1. Each establishment, independent licensee, and school may be subject to inspection by

the board or its designee, in response to a specific complaint filed with the board for a

violation of a law, rule, or regulation under this chapter.

2. Any inspection generated by a complaint may be authorized by the board or the

board's executive director at any time.
N.D. Cent. Code § 43-32-27 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-27
43-32-27. Denial - Revocation or suspension of license - Grounds
Status: in_force

43-32-27. Denial - Revocation or suspension of license - Grounds

1. The board, after notice, hearing, and an affirmative vote of at least a majority of board

members, may withhold, deny, revoke, or suspend any license issued or applied for

under this chapter and may otherwise discipline a licensee or an applicant upon proof

the applicant or licensee:

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

bearing upon an individual's ability to serve the public in the practice of

psychology, or if the board finds, after the conviction of any offense, that an

individual is not sufficiently rehabilitated under section 12.1-33-02.1.

b. Is unable to practice psychology with reasonable skill and safety to clients or

patients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,

chemicals, or any other substance, or as a result of any mental or physical

condition.

c. Has impersonated another individual holding a license issued under this chapter

or allowed another person to use the licensee's license.

d. Has used fraud or deception in applying for a license or in taking an examination

under this chapter.

e. Has allowed the licensee's name or license issued under this chapter to be used

in connection with any person who performs psychological services outside of the

area of that person's training, experience, or competence.

f. Is legally adjudicated insane or mentally incompetent. The record of the

adjudication is conclusive evidence of that fact.

g. Has engaged in any form of unethical conduct as defined in the code of ethical

conduct adopted by the board by rule.

h. Has become grossly negligent in the practice of psychology.

i. Has willfully or negligently violated this chapter.

j. Has engaged in an act in violation of rules adopted by the board.

k. Has had a license revoked or suspended or was disciplined in another

jurisdiction.

2. The board shall state in writing the board's reason for denying a license.

3. The board may assess costs incurred by the board related to investigations and

disciplinary actions. By rule, the board may set fees or fines, not to exceed five

hundred dollars, for minor infractions of this chapter.

4. An individual whose license has been revoked under this section may not reapply for

licensure for at least two years after the date of revocation.

5. Other than the term "in good standing", by rule, the board shall define terms related to

license status, such as "revoked", "suspended", "inactive", and "probationary".
N.D. Cent. Code § 43-23.3-19 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-19
43-23.3-19. Continuing education
Status: in_force

43-23.3-19. Continuing education

The board shall adopt rules for the implementation of continuing education requirements to

assure that permit renewal applicants have current knowledge of appraisal theories, practices,

and techniques that provide a high degree of service and protection to the public. The rules

must establish:

1. Policies and procedures for obtaining board approval of courses of instruction.

2. Standards, policies, and procedures to be applied by the board in evaluating an

applicant's claims of equivalency.

3. Standards, monitoring methods, and systems for recording attendance by course

sponsors.
N.D. Cent. Code § 43-23.3-04 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-04
43-23.3-04. Permit required - Exemptions
Status: in_force

43-23.3-04. Permit required - Exemptions

1. Except as provided in this section, a person may not directly or indirectly engage in,

advertise, conduct the business of, or act in any capacity as an apprentice, licensed,

or certified appraiser without first obtaining a permit as provided in this chapter.

2. An appraiser that is apprenticed, licensed, or certified in another state may not engage

in, advertise, conduct the business of, or act in any capacity as an appraiser in this

state without first obtaining a temporary permit under section 43-23.3-11 or a permit

under section 43-23.3-04.1.

3. This chapter does not apply to:

a. A licensed real estate broker or salesperson who, in the ordinary course of

business, gives an opinion to a potential seller or third party as to the

recommended listing price of real estate or an opinion to a potential purchaser or

third party as to the recommended purchase price of real estate. However, the

opinion as to the listing price or the purchase price may not be referred to as an

appraisal.

b. A person who, in the ordinary course of business, gives an opinion of the value of

real estate to that person's employer.

c. A person employed by the Bank of North Dakota when providing evaluations or

reviews of appraisals for federally insured depository institutions under federal

financial institution regulatory agency appraisal exemptions.

d. A person, who is not an apprentice, licensed, or certified appraiser, who prepares

or provides an evaluation.
N.D. Cent. Code § 43-09-05 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-05
43-09-05. Powers and duties of state electrical board - Biennial report
Status: in_force

43-09-05. Powers and duties of state electrical board - Biennial report

The board shall adopt a seal and may adopt reasonable rules to carry out this chapter. The

board may submit a biennial report to the governor and the secretary of state in accordance with

section 54-06-04. The board shall appoint qualified inspectors. Upon receipt of notice of

completion of any electrical wiring or power limited system installation involving a value of five

hundred dollars or more, the inspectors shall inspect the electrical or power limited system

installation and approve or condemn that installation. The inspector shall make a report of the

inspection on forms prescribed by the board.
N.D. Cent. Code § 43-13-04 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-04
43-13-04. Officers of board - Election - Term of office - Duty of president
Status: in_force

43-13-04. Officers of board - Election - Term of office - Duty of president

The members of the board shall elect from among their own number a president and a

secretary. Such officers shall hold office for the term of one year, and until their successors are

elected and qualified. The president of the board shall preside at all meetings of the board and

shall sign on behalf of the members all licenses or other instruments issued by the board. Such

licenses or instruments must be attested by the secretary.
N.D. Cent. Code § 43-13-20 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-20
43-13-20. Term of license - Renewal - Annual license fee - Continuing educational requirements
Status: in_force

43-13-20. Term of license - Renewal - Annual license fee - Continuing educational

requirements.

A license to practice optometry in the state may be issued for one year only. A license may

be renewed by submitting to the board, during December of each year, the license fee for the

following year and satisfactory proof the licensee has met all continuing education conditions set

by the board. The license fee for each year must be determined annually by the board and be a

reasonable sum. This section does not require an applicant to become a member of the North

Dakota optometric association or any other association of optometrists.
N.D. Cent. Code § 43-09-09.2 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-09.2
43-09-09.2. Advertising prohibited - Exceptions - Liability - Penalty
Status: in_force

43-09-09.2. Advertising prohibited - Exceptions - Liability - Penalty

1. Except as provided in this section, if a license is required under section 43-09-09, a

person may not advertise to contract for electrical services without being licensed as

or being associated with a class B electrician, master electrician, or power limited

electrician, unless that person intends to contract the electrical services with a licensed

electrical contractor.

2. If a person associates with an electrician under subsection 1 and that association

ends, that person is jointly and severally liable for any contracts entered under that

association.

3. a. A person violating this section is guilty of a class B misdemeanor for a first

conviction, but no fine in excess of one hundred dollars and no term of

imprisonment may be imposed.

b. A person violating this section is guilty of a class A misdemeanor for a second or

subsequent conviction, but the penalties are as follows:

(1) For a second conviction, no fine in excess of one thousand dollars and no

term of imprisonment may be imposed.

(2) For a third or subsequent conviction, a fine not to exceed one thousand

dollars, or imprisonment not to exceed thirty days, or both, may be imposed.
N.D. Cent. Code § 43-15.2-05 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-05
43-15.2-05. Storage, distribution, and dispensing
Status: in_force

43-15.2-05. Storage, distribution, and dispensing

1. A participant that accepts donated legend drugs, devices, or supplies under the

program shall comply with all applicable provisions of state and federal law relating to

the storage, distribution, and dispensing of the donated legend drugs, devices, or

supplies.

2. A participant may charge an individual a handling fee that does not exceed two

hundred fifty percent of the Medicaid prescription dispensing fee for dispensing

donated legend drugs, devices, or supplies under the program.

3. A dispenser of donated legend drugs, devices, or supplies may not submit a claim or

otherwise seek reimbursement from any public or private third-party payer for the cost

of donated legend drugs, devices, or supplies dispensed to any eligible individual

under the program. A public or private third-party payer is not required to provide

reimbursement to a dispenser for the cost of donated legend drugs, devices, or

supplies dispensed to any eligible individual under the program.
N.D. Cent. Code § 43-15-13.5 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13.5
43-15-13.5. Method of expenditure of association's funds - Annual report of receipts and disbursements
Status: repealed

43-15-13.5. Method of expenditure of association's funds - Annual report of receipts

and disbursements.

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-03-15 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-15
43-03-15. When examination not necessary
Status: in_force

43-03-15. When examination not necessary

The board may admit a nonresident applicant seeking to register to practice architecture or

landscape architecture in North Dakota without requiring the applicant to pass an examination if

the applicant is licensed or registered to practice architecture or landscape architecture under

the laws of any other state that has requirements substantially equal to those provided for under

this chapter. An applicant under this section shall pay the fees provided for under section

43-03-18.
N.D. Cent. Code § 43-23.3-12 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-12
43-23.3-12. Permit renewal
Status: in_force

43-23.3-12. Permit renewal

To renew a permit, the permittee shall apply to the board and pay the required fee. With the

application for renewal, the appraiser shall present evidence of having completed the continuing

education requirements for renewal. The board may adopt rules to allow permits to be assigned

to inactive status. Permits assigned to inactive status are subject to disciplinary action and

activation of an inactive permit may be subject to a denial by the board.
N.D. Cent. Code § 43-28-18.3 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-18.3
43-28-18.3. Temporary suspension - Appeal
Status: in_force

43-28-18.3. Temporary suspension - Appeal

1. When, based on verified evidence, the board determines by a clear and convincing

standard that the evidence presented to the board indicates that the continued practice

by the dentist would create a significant risk of serious and ongoing harm to the public

while a disciplinary proceeding is pending, and that immediate suspension of the

dentist's license is required to reasonably protect the public from that risk of harm, the

board may order a temporary suspension ex parte. For purposes of this section,

"verified evidence" means testimony taken under oath and based on personal

knowledge. The board shall give prompt written notice to the dentist of the ex parte

temporary suspension, which must include a copy of the order and complaint, the date

set for a full hearing on the merits of the evidence that resulted in the ex parte

temporary suspension, and a specific description of the nature of the evidence,

including a list of all known witnesses and a description of any documents relied upon

by the board in ordering the ex parte temporary suspension which, upon request, must

be made available to the dentist.

2. Unless the ex parte temporary suspension is otherwise terminated by the board, an

ex parte temporary suspension remains in effect until a final order is issued following a

full hearing on the merits conducted under chapter 28-32 or following an appeal under

this section.

3. The full hearing on the merits of the allegations to determine what disciplinary action, if

any, must be taken against the dentist who is the subject of the ex parte temporary

suspension must be held not later than thirty days from the issuance of the ex parte

temporary suspension order or as soon as practicable as determined by the hearing

officer. The dentist is entitled to a continuance of the thirty-day period upon request for

a period determined by the hearing officer.

4. The dentist may appeal the ex parte temporary suspension order before the full

hearing on the merits occurs. The appeal must be filed with the district court of

Burleigh County. The district court shall decide whether the board acted reasonably or

arbitrarily when ordering the ex parte temporary suspension. The district court shall

give priority to the appeal for prompt disposition.

5. A dental or medical record of a patient, or other document containing personal

information relating to a patient, obtained by the board is confidential.
N.D. Cent. Code § 43-31-03 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-03
43-31-03. Unlawful acts
Status: in_force

43-31-03. Unlawful acts

It is unlawful for any person to administer detection of deception examinations, or attempt to

hold out as an examiner, without a license issued by the attorney general of the state.
N.D. Cent. Code § 43-11-27.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-27.1
43-11-27.1. Esthetician and manicurist licenses - Qualifications - Fees
Status: repealed

43-11-27.1. Esthetician and manicurist licenses - Qualifications - Fees

Repealed by S.L. 2025, ch. 386, § 36.
N.D. Cent. Code § 43-13-14 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-14
43-13-14. Members of board to administer oaths - Seal of board
Status: in_force

43-13-14. Members of board to administer oaths - Seal of board

Any member of the board, upon being duly designated by the board, or a majority thereof,

may administer oaths or take testimony concerning any matter within the jurisdiction of the

board. The board may adopt a seal.
N.D. Cent. Code § 43-07-23 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-23
43-07-23. Allowable retention of estimates - Interest on retainage
Status: in_force

43-07-23. Allowable retention of estimates - Interest on retainage

Contracts entered between persons for the performance of work to be done by a contractor,

except those contracts subject to section 40-22-37 or 48-01.2-13, or contracts governed by

federal statutes or regulations which require other provisions with respect to retention, are

subject to a maximum retention on amounts due under the contract as follows: retention of ten

percent of each estimate presented is allowable until such time as the project is fifty percent

complete, with no further retainage on estimates during the continuance of the contract. If the

owner, governing board, or authorized committee invests the retained estimate funds, the

interest earned on those retained funds is payable at the time of final payment on the contract to

the contractor on whose account the moneys were held.
N.D. Cent. Code § 43-61-03 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-03
43-61-03. License required - Title restrictions
Status: in_force

43-61-03. License required - Title restrictions

1. Effective January 1, 2016, an individual may not practice any form of acupuncture

without a current acupuncture license issued by the board.

2. An acupuncturist may use the title "Licensed Acupuncturist" and the abbreviation "LAc"

when used to reflect that title. Effective January 1, 2016, an individual who uses these

terms or initials as identification without having received an acupuncture license under

this chapter is engaging in the practice of acupuncture without a license.
N.D. Cent. Code § 43-37-01 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-01
43-37-01. Policy
Status: repealed

43-37-01. Policy

Repealed by S.L. 2017, ch. 300, § 12.
N.D. Cent. Code § 43-13-27 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-27
43-13-27. Penalty
Status: in_force

43-13-27. Penalty

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-33-17 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-17
43-33-17. Meetings of board
Status: in_force

43-33-17. Meetings of board

The board shall meet not less than twice each year at a place, day, and hour determined by

the board. The board shall also meet at such other times and places as are necessary.
N.D. Cent. Code § 43-10-18 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-18
43-10-18. Notice of hearing - Contents
Status: repealed

43-10-18. Notice of hearing - Contents

Repealed by S.L. 1997, ch. 367, § 29.
N.D. Cent. Code § 43-20-01.5 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-01.5
43-20-01.5. Volunteer license
Status: in_force

43-20-01.5. Volunteer license

The board may establish rules governing the issuance of a volunteer license to

practice dental hygiene to an individual previously licensed in this state or an individual

who holds a license, in good standing, to practice dental hygiene issued by another

state.
N.D. Cent. Code § 43-20-02.1 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-02.1
43-20-02.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-20-02.1. Conviction not bar to licensure - Exceptions

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

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

serve the public as a dental hygienist, or that, following conviction of any offense, the person is

not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-26.1-02 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-02
43-26.1-02. Board of physical therapy - Members - Appointments - Vacancies
Status: in_force

43-26.1-02. Board of physical therapy - Members - Appointments - Vacancies

1. The board of physical therapy shall administer this chapter. The board consists of

three licensed physical therapists, one licensed physician, one licensed physical

therapist assistant, and two public members. The governor shall appoint board

members for a term of five years, staggered so the terms of no more than two

members expire each year. An individual may not serve more than two full consecutive

terms. Terms begin on July first. Appointments to the board to fill a vacancy occurring

for other than the expiration of a term may only be made for the remainder of the

unexpired term.

2. Each physical therapist and physical therapist assistant appointed must have had at

least three years of physical therapy experience in North Dakota immediately before

appointment and must practice in North Dakota during the term. The physician

appointed must have practiced medicine at least three years in North Dakota

immediately before appointment and must practice in North Dakota during the term.

Each board member shall take and file with the secretary of state the oath of office

prescribed for state officials before entering upon the discharge of the member's

duties.

3. Each board member is entitled to mileage reimbursement as provided in section

54-06-09 and reimbursement for actual and necessary expenses in the amounts

provided by law for state officers in section 44-08-04.
N.D. Cent. Code § 43-62-11 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-11
43-62-11. Records of the board
Status: in_force

43-62-11. Records of the board

The board shall keep a record of its proceedings and applications for licensure. An

application record must be preserved for at least six years beyond the disposition of the

application or the last annual registration of the licensee, whichever is later. Protected health

information in the possession of the board is an exempt record.
N.D. Cent. Code § 43-42-07 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-07
43-42-07. Penalty
Status: in_force

43-42-07. Penalty

Any person who practices polysomnography or respiratory care in violation of this chapter is

guilty of an infraction.
N.D. Cent. Code § 43-32-25 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-25
43-32-25. Retention of examination records
Status: in_force

43-32-25. Retention of examination records

The board shall keep the written examination score report, an accurate recording of the

questions and answers relating to the oral examinations, and the grade assigned to each

answer thereof as a part of the board's records for at least two years following the date of the

examination. In addition, the board shall keep a permanent record of all written examination

score reports.
N.D. Cent. Code § 43-28.1-08 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-08
43-28.1-08. Payment - Termination
Status: in_force

43-28.1-08. Payment - Termination

1. The department of health and human services may not provide any loan repayment

funds to a dentist under this chapter until the dentist has practiced at least six months

on a full-time basis in the city or surrounding areas, or both, the department of health

and human services has identified as having a defined need for dental services.

2. Except as otherwise provided, the department of health and human services shall

make payments under this chapter at the conclusion of each of the five twelve-month

periods of service during which the dentist met the qualifying terms of the contract. The

department of health and human services may make a prorated payment under this

chapter if during the twelve-month period the dentist failed to meet the qualifying terms

of the contract.

3. Payments under this chapter terminate upon the earlier of completion of five years as

a participant in this loan repayment program or failure of the dentist to meet the

qualifying terms under the contract.
N.D. Cent. Code § 43-41-02 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-02
43-41-02. Social work practice - Exceptions
Status: in_force

43-41-02. Social work practice - Exceptions

1. Nothing in this chapter may be construed to prevent any person from doing work within

the standards and ethics of that person's profession and calling, provided that the

person does not present to the public, by title or description of services, that the

person is engaging in social work practice.

2. This chapter may not be construed to prevent students who are enrolled in programs

of study leading to social work degrees from interning with a licensed baccalaureate

social worker, a licensed master social worker, or a licensed clinical social worker.

3. Nothing in this chapter prevents the employment of, or volunteering by, individuals in

nonprofit agencies or community organizations provided these persons do not hold

themselves out to the public as being social workers.

4. Nothing in this chapter prevents the employment of social work designees by

hospitals, basic care facilities, or skilled nursing facilities, provided these individuals

work under the direction of a social worker or social work consultant licensed under

this chapter and that the board be notified of the name of the designee's employer and

the name of the licensee who is providing direction or consultation to the designees.

5. This chapter does not require public or appointed officials or administrators, acting in

that capacity, or any other social or human service administrators who do not hold

themselves out to the public as social workers, by title or description of services, to be

licensed under this chapter.

6. This chapter does not prevent individuals with master's or doctoral degrees in the field

of counseling with specialization in mental health from serving as counselors or

therapists in mental health in state institutions or state-operated behavioral health

clinics, if they do not hold themselves out to the public as social workers.
N.D. Cent. Code § 43-19.1-05 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-05
43-19.1-05. Board - Compensation and expenses
Status: in_force

43-19.1-05. Board - Compensation and expenses

Each member of the board is entitled to receive per diem, in an amount established by the

board which may not exceed one hundred thirty-five dollars, when attending to the work of the

board or any of the board's committees and for the time spent in necessary travel and is entitled

to be reimbursed for all actual traveling, incidental, and clerical expenses necessarily incurred in

carrying out the provisions of this chapter.
N.D. Cent. Code § 43-23-09 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-09
43-23-09. License application
Status: in_force

43-23-09. License application

Every application for a real estate broker's license or a real estate salesperson's license

must contain such data and information as the commission may require.
N.D. Cent. Code § 43-07-21 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-21
43-07-21. Penalty - Injunction proceedings
Status: in_force

43-07-21. Penalty - Injunction proceedings

Any person violating any provisions of section 43-07-20 is guilty of a class B misdemeanor.

A repeated violation constitutes legal grounds for a court, on proper application by the labor

commissioner, to grant an injunction without requiring the posting of a bond or undertaking.
N.D. Cent. Code § 43-11-07 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-07
43-11-07. Bond of secretary
Status: in_force

43-11-07. Bond of secretary

Before entering upon the discharge of duties, the secretary of the board must be bonded for

the faithful discharge of duties in the amount of five thousand dollars, and the premium for the

bond must be paid out of the funds received by the board. The bond and oath of office must be

deposited with the secretary of state.
N.D. Cent. Code § 43-40.1-02 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-02
43-40.1-02. Definitions
Status: in_force

43-40.1-02. Definitions

As used in this compact:

1. "Active duty military" means full-time duty status in the active uniformed service of the

United States, including members of the national guard and reserve on active duty

orders under 10 U.S.C. chapter 1209 and 10 U.S.C. chapter 1211.

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

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

occupational therapist or occupational therapy assistant, including actions against an

individual's license or compact privilege, including censure, revocation, suspension,

probation, monitoring of the licensee, or restriction on the licensee's practice.

3. "Alternative program" means a nondisciplinary monitoring process approved by an

occupational therapy licensing board.

4. "Compact privilege" means the authorization, which is equivalent to a license, granted

by a remote state to allow a licensee from another member state to practice as an

occupational therapist or practice as an occupational therapy assistant in the remote

state under its laws and rules. The practice of occupational therapy occurs in the

member state where the patient is located at the time of the patient encounter.

5. "Continuing education" means a requirement, as a condition of license renewal, to

provide evidence of participation in, or completion of, educational and professional

activities relevant to practice or area of work.

6. "Current significant investigative information" means investigative information a

licensing board, after an inquiry or investigation that includes notification and an

opportunity for the occupational therapist or occupational therapy assistant to respond,

if required by state law, has reason to believe is not groundless and, if proved true,

would indicate more than a minor infraction.

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

status, investigative information, compact privileges, and adverse actions.

8. "Encumbered license" means a license in which an adverse action restricts the

practice of occupational therapy by the licensee or the adverse action has been

reported to the national practitioner data bank.

9. "Executive committee" means a group of directors elected or appointed to act on

behalf of, and within the powers granted to them by, the commission.

10. "Home state" means the member state that is the licensee's primary state of

residence.

11. "Impaired practitioner" means an individual whose professional practice is adversely

affected by substance abuse, addiction, or other health-related condition.

12. "Investigative information" means information, records, or documents received or

generated by an occupational therapy licensing board pursuant to an investigation.

13. "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of occupational therapy in a state.

14. "Licensee" means an individual who currently holds an authorization from the state to

practice as an occupational therapist or as an occupational therapy assistant.

15. "Member state" means a state that has enacted this compact.

16. "Occupational therapist" means an individual who is licensed by a state to practice

occupational therapy.

17. "Occupational therapy", "occupational therapy practice", and the "practice of

occupational therapy" mean the care and services provided by an occupational

therapist or an occupational therapy assistant as provided under the member state's

statutes and regulations.

18. "Occupational therapy assistant" means an individual who is licensed by a state to

assist in the practice of occupational therapy.

19. "Occupational therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted this

compact.

20. "Occupational therapy licensing board" or "licensing board" means the agency of a

state that is authorized to license and regulate occupational therapists and

occupational therapy assistants.

21. "Primary state of residence" means the state in which an occupational therapist or

occupational therapy assistant who is not active duty military declares a primary

residence for legal purposes as verified by a driver's license, federal income tax return,

lease, deed, mortgage, or voter registration, or other verifying documentation as

provided under commission rules.

22. "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

23. "Rule" means a regulation adopted by the commission which has the force of law.

24. "Single-state license" means an occupational therapist or occupational therapy

assistant license issued by a member state that authorizes practice only within the

issuing state and does not include a compact privilege in any other member state.

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

America that regulates the practice of occupational therapy.

26. "Telehealth" means the application of telecommunication technology to deliver

occupational therapy services for assessment, intervention, or consultation.
N.D. Cent. Code § 43-10-17 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-17
43-10-17. Revocation of license - When proceedings commenced - Hearing - Time
Status: repealed

43-10-17. Revocation of license - When proceedings commenced - Hearing - Time

Repealed by S.L. 1997, ch. 367, § 29.
N.D. Cent. Code § 43-37-04 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-04
43-37-04. Eligibility for licensure
Status: in_force

43-37-04. Eligibility for licensure

To be eligible for licensure by the board as an audiologist, speech-language pathologist, or

speech-language pathology assistant, an applicant shall meet all the following requirements:

1. Possess an appropriate degree from an educational institution recognized by the

board.

a. An applicant for a speech-language pathologist license must possess at least a

master's degree in speech-language pathology.

b. An applicant for an audiologist license must possess at least a doctorate degree

in audiology.

c. An applicant for a speech-language pathology assistant license must possess

one hundred hours of supervised clinical experience or fieldwork and:

(1) A certificate of completion for speech-language pathology paraprofessionals

issued by the superintendent of public instruction prior to August 1, 2026;

(2) A bachelor's degree in speech-language pathology or communication

disorders; or

(3) A two-year degree in speech-language pathology assistants program or a

bachelor's degree in another field with coursework in the following areas:

(a) Introduction to communication disorders;

(b) Phonetics;

(c) Speech sound disorders;

(d) Language development;

(e) Language disorders; and

(f) Anatomy and physiology of speech and hearing mechanisms.

d. An applicant for a temporary license must show proof of active licensure within

the past five years in the state or another jurisdiction. Limitations on temporary

licensure length and qualifications to obtain full licensure must be prescribed by

rules of the board.

2. Submit evidence showing qualifications prescribed by rules of the board.

3. Within one year of application an applicant for licensure as a speech-language

pathologist, speech-language pathology assistant, or audiologist must pass any

applicable examination prescribed by rules adopted by the board.

4. Pay the prescribed fee.
N.D. Cent. Code § 43-18.1-09 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-09
43-18.1-09. Violations - Penalty
Status: in_force

43-18.1-09. Violations - Penalty

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

subsection 1 of section 43-18.1-04, or works under the license of another person in a manner

that is in violation of subsection 3 of section 43-18.1-04 is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-23-05 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-05
43-23-05. Real estate license required
Status: in_force

43-23-05. Real estate license required

A person may not act as a real estate broker or real estate salesperson, or advertise or

assume to act as a real estate broker or real estate salesperson, without a license issued by the

real estate commission. A person is not entitled to collect any fees, compensation, or

commission as a real estate broker or real estate salesperson without having first complied with

the provisions of this chapter. A copartnership, association, corporation, or limited liability

company may not be granted a license, unless at least one partner, shareholder, member,

manager, or officer of the copartnership, association, corporation, or limited liability company,

actually engaged as a real estate broker, holds a license as a real estate broker, and unless

every employee who acts as a real estate salesperson for the copartnership, association,

corporation, or limited liability company holds a license as a real estate salesperson.
N.D. Cent. Code § 43-32-20 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-20
43-32-20. Licensing - Written and oral examination - Qualifications of applicants
Status: in_force

43-32-20. Licensing - Written and oral examination - Qualifications of applicants

The board may issue a license to each applicant who files a completed application upon a

form and in a manner the board prescribes, submits the required fee, and meets the

requirements of subsection 1 or 2.

1. An applicant for licensure as a psychologist shall demonstrate all of the following:

a. The applicant will adhere to the code of ethical conduct adopted by the board by

rule.

b. The applicant has received, from a school or college, a doctorate degree in a

program that is accredited as a doctoral program in psychology by an accrediting

body approved by the board by rule.

c. The applicant has passed the examinations, written or oral, or both, as the board

determines necessary.

d. The applicant has completed at least two full years of supervised professional

experience, one year of which must be an internship program, and one year of

which may be postdoctoral. Both years of experience must comply with the

board's rules.

2. An applicant for licensure as an industrial-organizational psychologist shall

demonstrate all of the following:

a. The applicant will adhere to the code of ethical conduct adopted by the board by

rule.

b. The applicant has received, from a school or college, a doctorate degree in a

program of studies accredited by an accrediting body approved by the board by

rule.

c. The applicant has passed the examinations, written or oral, or both, as the board

determines necessary.

d. The applicant has completed the professional experience requirements

established by the board. The requirements may not exceed the professional

experience requirements for psychologists. If the professional experience

requirements include a supervised experience requirement:

(1) The board must allow an applicant to submit to the board a personalized

plan for supervised experience which may include distance-supervision by a

qualified industrial-organizational psychologist.

(2) The board may adopt rules to establish who is qualified to perform

supervision, supervision requirements, and reporting.
N.D. Cent. Code § 43-60-03 — ND Code / Title 43 / Chapter 43-60 / Section 43-60-03
43-60-03. Application for licensure
Status: in_force

43-60-03. Application for licensure

1. An applicant for licensure under this chapter shall pay any filing fee and file an

application, on forms provided by the board, to the satisfaction of the board that the

applicant is of good moral character and satisfies all of the requirements of this

chapter, including:

a. Education at one of the following levels:

(1) Master of science degree from a genetic counseling training program that is

accredited by the ABGC or an ABGC-approved equivalent organization and

approved by the board; or

(2) Doctoral degree from a medical genetics training program that is accredited

by the ABMG and approved by the board; and

b. Successful completion of all requirements of the certification examination within a

period not to exceed five years from initial examination to successful completion

and with no more than three attempts unless an exception is approved by rule

adopted by the board;

c. Physical, mental, and professional capability for the practice of genetic

counseling in a manner acceptable to the board; and

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

by any court of competent jurisdiction which would constitute grounds for

disciplinary action under this chapter. The board may modify this restriction for

cause.

2. In compliance with chapter 43-17, the board may refuse to grant a license under this

chapter if any of the license requirements are not met.
N.D. Cent. Code § 43-11-20.4 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-20.4
43-11-20.4. Exemption from postsecondary license requirement - Solicitor's permit required
Status: in_force

43-11-20.4. Exemption from postsecondary license requirement - Solicitor's permit

required.

Schools of cosmetology are exempt from the license requirement of chapter 15-20.4. All

individuals who solicit business for a school of cosmetology or who sell any course of instruction

shall secure a solicitor's permit and bond in an amount and under conditions as established by

the board.
N.D. Cent. Code § 43-23.5-10 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-10
43-23.5-10. Employee requirements
Status: in_force

43-23.5-10. Employee requirements

An appraisal management company that applies to the board for a registration or to renew a

registration to do business in this state as an appraisal management company may not:

1. Knowingly employ any person for the performance of appraisal or appraisal

management services who has had an appraiser license or certification in this state or

any other state refused, denied, canceled, revoked, or surrendered in lieu of a pending

disciplinary proceeding in any jurisdiction and not subsequently reinstated or granted.

2. Knowingly enter any independent contractor arrangement, whether in verbal, written,

or other form, for the performance of appraisal or appraisal management services, with

any person that has had an appraiser license or certification in this state or any other

state refused, denied, canceled, revoked, or surrendered in lieu of a pending

disciplinary proceeding in any jurisdiction and not subsequently reinstated or granted.

3. Knowingly enter any contract, agreement, or other business relationship, whether in

verbal, written, or any other form, with any entity that employs, has entered an

independent contract arrangement, or has entered any contract, agreement, or other

business relationship, whether in verbal, written, or any other form, for the

performance of appraisal or appraisal management services, with any person that has

had an appraiser license or certification in this state or any other state refused, denied,

canceled, revoked, or surrendered in lieu of a pending disciplinary proceeding in any

jurisdiction and not subsequently reinstated or granted.
N.D. Cent. Code § 43-09-21 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-21
43-09-21. Standards for wiring, apparatus, and equipment
Status: in_force

43-09-21. Standards for wiring, apparatus, and equipment

All electrical and power limited wiring, apparatus, or equipment must comply with the rules

of the board made under authority of the laws of this state and in conformity with the approved

methods of construction for safety to life and property. The regulations in the national electrical

code and the national electrical safety code as approved by the American national standards

institute are prima facie evidence of these approved methods. Although a city may make more

stringent requirements by ordinance, application of the ordinance must be limited to individuals

licensed by the board under this chapter. An electrical or power limited system installation may

not be connected for use until proof has been furnished to the person supplying electrical

energy that there is compliance with the applicable regulations. The manufacturer of a new

manufactured building or modular unit shall make any changes required for the proof within

fourteen days from the notice that the building or unit does not comply with the applicable

regulations. This section does not apply to the movement of a new manufactured building or

modular unit into or within this state before the process of being connected for use.
N.D. Cent. Code § 43-33-02 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-02
43-33-02. License required to sell or fit hearing instruments
Status: in_force

43-33-02. License required to sell or fit hearing instruments

1. A person may not engage in the sale of or practice of fitting hearing instruments or

display a sign or in any other way advertise or represent that that person practices the

fitting and sale of hearing instruments unless that person holds an unsuspended,

unrevoked license issued by the board as provided in this chapter. The license must

be conspicuously posted in the licensee's office or place of business. Duplicate

licenses must be issued by the board to valid licenseholders operating more than one

office for a fee determined by the board. A license confers upon the holder the right to

select, fit, and sell hearing instruments, and the right to conduct any necessary hearing

testing incident to the selecting, fitting, and selling of hearing instruments.

2. This chapter does not prohibit a person maintaining an established business address

from engaging in the business of selling or offering for sale hearing instruments at

retail without a license if that person employs only properly licensed individuals in the

direct sale and fitting of such products. Such persons shall file annually with the board

a list of all licensees directly or indirectly employed by it. Those persons shall also file

with the board a statement on a form approved by the board that they submit

themselves to the rules of the board and the provisions of this chapter.
N.D. Cent. Code § 43-40.1-12 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-12
43-40.1-12. Date of implementation of the interstate compact for occupational therapy practice and associated rules, withdrawal, and amendment
Status: in_force

43-40.1-12. Date of implementation of the interstate compact for occupational therapy

practice and associated rules, withdrawal, and amendment.

1. The compact becomes effective on the date the compact statute is enacted into law in

the tenth member state. The provisions, which become effective at that time, are

limited to the powers granted to the commission relating to assembly and the adoption

of rules. Thereafter, the commission shall meet and exercise rulemaking powers

necessary to the implementation and administration of the compact.

2. Any state that joins the compact subsequent to the commission's initial adoption of the

rules is subject to the rules as they exist on the date the compact becomes law in that

state. Any rule that has been previously adopted by the commission has the full force

and effect of law on the day the compact becomes law in that state.

3. Any member state may withdraw from this compact by enacting a statute repealing the

compact.

a. A member state's withdrawal may not take effect until six months after enactment

of the repealing statute.

b. Withdrawal may not affect the continuing requirement of the withdrawing state's

occupational therapy licensing board to comply with the investigative and adverse

action reporting requirements of this compact before the effective date of

withdrawal.

4. The compact may not be construed to invalidate or prevent any occupational therapy

licensure agreement or other cooperative arrangement between a member state and a

nonmember state which does not conflict with the provisions of this compact.

5. This compact may be amended by the member states. An amendment to this compact

may not become effective and binding on any member state until the amendment is

enacted into the laws of all member states.
N.D. Cent. Code § 43-32-29 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-29
43-32-29. Appeal from decision of board
Status: in_force

43-32-29. Appeal from decision of board

An appeal from the final decision of the board in any matter covered by this chapter may be

taken to the Burleigh County district court or the aggrieved party's county of residence in

accordance with chapter 28-32.
N.D. Cent. Code § 43-28.1-04 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-04
43-28.1-04. Community selection criteria
Status: repealed

43-28.1-04. Community selection criteria

Repealed by S.L. 2015, ch. 303, § 6.
N.D. Cent. Code § 43-12.3-05 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-05
43-12.3-05. Health care professionals - Selection criteria
Status: in_force

43-12.3-05. Health care professionals - Selection criteria

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

selecting health care professionals for participation in a student loan repayment

program. The criteria must include:

a. The health care professional's specialty;

b. The need for the health care professional's specialty within an area;

c. The health care professional's education and experience;

d. The health care professional's date of availability and anticipated term of

availability; and

e. The health care professional's willingness to accept Medicare and Medicaid

assignments, if applicable.

2. In selecting health care professionals for participation in the program the department

of health and human services shall require that the individual:

a. Is physically present at and provides services on a full-time basis to an entity that

meets the requirements of section 43-12.3-04; or

b. (1) Is physically present at and provides services on at least a half-time basis to

an entity that meets the requirements of section 43-12.3-04;

(2) Provides telehealth services to a second entity that meets the requirements

of section 43-12.3-04; and

(3) Verifies that the services provided under paragraphs 1 and 2 are equal to

the full-time requirement of subdivision a.

3. In selecting health care professionals for participation in a program, the department of

health and human services may consider an individual's:

a. Length of residency in this state; and

b. Attendance at an in-state or an out-of-state institution of higher education.
N.D. Cent. Code § 43-48-02 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-02
43-48-02. License required
Status: in_force

43-48-02. License required

No person may practice as a clinical laboratory scientist or a clinical laboratory technician

unless the person is the holder of a current license issued by the board, or is exempt from

licensure.
N.D. Cent. Code § 43-23-12.3 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-12.3
43-23-12.3. Brokerage firm may appoint agents
Status: in_force

43-23-12.3. Brokerage firm may appoint agents

1. A real estate brokerage firm, through a designated broker, may appoint in writing to a

client the licensee or licensees within the brokerage firm who will act as appointed

agent of that client to the exclusion of all other licensees within the brokerage firm.

2. If a real estate brokerage firm appoints an appointed agent for clients of the agency

who are, or may be, parties in the same real estate transaction, the brokerage firm and

its licensees are not dual agents as to those clients, and there is no imputation of

knowledge or information among or between said clients, the real estate brokerage

firm, and the appointed agents.

3. Nothing in this section prevents a real estate brokerage firm from entering a dual

agency relationship with its clients after complying with any disclosure requirements

provided by this chapter or by rules adopted under this chapter.
N.D. Cent. Code § 43-05-04 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-04
43-05-04. Meetings - When held - Officers
Status: in_force

43-05-04. Meetings - When held - Officers

The board shall hold an annual meeting and at that meeting shall elect from its members a

president, vice president, and secretary-treasurer. The president of the board or any two

members of the board may call a special meeting at any time if written notice of the meeting is

given to all the members. At any special meeting at which a quorum is present a waiver of the

notice of the meeting may be executed in lieu of the original notice. The officers shall perform

such duties as the board prescribes. If a member of the board is absent from two consecutive

regular or special meetings, the board may declare that member's position to be vacant. The

governor shall fill all vacancies.
N.D. Cent. Code § 43-32-27.1 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-27.1
43-32-27.1. Complaints - Investigations
Status: in_force

43-32-27.1. Complaints - Investigations

1. A person aggrieved by the actions of a licensee or psychology resident may file a

written statement with the board citing the specific allegations of misconduct. The

board shall notify the licensee or psychology resident of the allegation and request a

written response. The board may establish procedural exceptions for processing

multiple allegations from the same person.

2. The board shall determine if the information in an allegation warrants investigation as

a complaint, without requiring the source of the information to be made a matter of

public record, if the board concludes that good cause exists for preserving the

confidentiality of the source.

3. A licensee or psychology resident who is the subject of an investigation by the board

shall cooperate fully with the investigation. Cooperation includes responding fully and

promptly to any reasonable question raised by or on behalf of the board relating to the

subject of the investigation and providing copies of patient or client records if

reasonably requested by the board and accompanied by the appropriate release.

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

and records, including patient and client records, and may copy, photograph, or take

samples of the records. The board may require the licensee or psychology resident to

give statements under oath, to submit to a physical or psychological examination, or

both, by a physician or other qualified evaluation professional selected by the board, if

requiring an examination is in the best interest of the public. The patient and client

records released to the board are not public records. The board may adopt rules to

assign, define duties, and compensate an investigator to assist the board to process a

complaint.

5. Unless a patient or client release is on file allowing the release of information at the

public hearing, patient and client records acquired by the board in the board's

investigation are confidential and closed to the public. All board meetings at which

patient or client testimony or records are taken or reviewed are confidential and closed

to the public. If patient or client testimony or records are not taken or reviewed, the

remainder of the meeting is an open meeting unless a specific exemption is otherwise

applicable.
N.D. Cent. Code § 43-49-11 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-11
43-49-11. Prohibited practices
Status: in_force

43-49-11. Prohibited practices

A reflexologist may not diagnose or treat for specific diseases, practice spinal or other joint

manipulations, or prescribe or adjust prescription medication.
N.D. Cent. Code § 43-17-06 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-06
43-17-06. Officers of the board and executive director
Status: in_force

43-17-06. Officers of the board and executive director

The board shall elect a president and vice president from its own number and employ an

executive director to provide administrative services to the board.
N.D. Cent. Code § 43-13-21.1 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-21.1
43-13-21.1. Disciplinary powers of the board
Status: in_force

43-13-21.1. Disciplinary powers of the board

1. The board may 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 section and may

subpoena records.

2. A complaint, response, and any record received by the board during the course of the

board's investigation into a complaint are exempt records, as defined in section

44-04-17.1, until the board concludes whether to pursue disciplinary action.

3. In addition to any other disciplinary actions available to the board, the board may take

one or more of the following actions against an optometrist who violates the provisions

of this chapter or the board's rules:

a. Letters of concern.

b. Letters of censure.

c. Reprimands.

d. Fines, including costs and attorney's fees.

e. Stipulations, limitations, and conditions relating to practice such as additional

education and counseling.

f. Probation.

g. Suspension of the license.

h. Revocation of the license.

4. The board may require a licensee to be examined on optometric knowledge and skills,

if the board has just cause to believe the licensee may be so deficient in knowledge

and skills as to jeopardize the health, welfare, and safety of the citizens of this state.

5. The board may require a physical or mental evaluation as provided in section

43-13-26.1 if it has reason to believe the licensee's physical or mental condition may

adversely affect the public welfare.

6. Disciplinary action must occur through an administrative hearing conducted in

accordance with chapter 28-32.
N.D. Cent. Code § 43-32-24 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-24
43-32-24. Notice to applicant of examination results and right to re-examination
Status: in_force

43-32-24. Notice to applicant of examination results and right to re-examination

The board shall inform the applicant of the results of the examination. An applicant who fails

the examination may be re-examined at a subsequent examination upon again paying the

required examination fee.
N.D. Cent. Code § 43-64-03 — ND Code / Title 43 / Chapter 43-64 / Section 43-64-03
43-64-03. Qualifications for licensure
Status: in_force

43-64-03. Qualifications for licensure

To obtain a license to practice applied behavior analysis in this state, an applicant shall

submit an application to the board. The application must be upon the form adopted by the board

and must be made in the manner prescribed by the board.
N.D. Cent. Code § 43-05-11 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-11
43-05-11. Qualifications of licensee
Status: in_force

43-05-11. Qualifications of licensee

An applicant for a license to practice podiatric medicine must possess the following

qualifications:

1. Be at least eighteen years of age;

2. Be of good moral character; and

3. Be a graduate of a podiatric medical school approved by the board based upon its

faculty, curriculum, facilities, accreditation by a recognized national accrediting

organization approved by the board, and other relevant factors.

All persons holding a license to practice podiatric medicine in this state on July 1, 1991,

continue to be eligible for a license to practice podiatric medicine under this chapter.

Upon renewal of any license, the board may require the applicant to show sufficient proof of

continuing medical education since the last application, which may include seminars or podiatry

meetings. The board may waive the continuing education requirements in case of illness or

other extenuating circumstances.

An applicant for a license must not have engaged in conduct warranting disciplinary action

against a licensee or permittee in this state or another state. The board may issue a license or

permit to an applicant who has engaged in conduct warranting disciplinary action if the board

determines that the public will be protected through the issuance of a license or permit with

conditions and limitations considered appropriate by the board. Applicants graduating after July

1, 1991, from a podiatric medical school shall present to the board evidence of the successful

completion of a program of clinical residency.
N.D. Cent. Code § 43-06-11 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-11
43-06-11. License - When issued - Who issues - Title used by licensed chiropractor
Status: in_force

43-06-11. License - When issued - Who issues - Title used by licensed chiropractor

A license to practice chiropractic in this state must be issued by the board to an applicant

who has submitted proof of the required qualifications and passed the required examination. A

license to practice chiropractic may not be granted except upon the affirmative vote of at least a

quorum of the board. A licensed chiropractor may use the title doctor of chiropractic,

chiropractor, chiropractic physician, or D.C.
N.D. Cent. Code § 43-02.2-07 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-07
43-02.2-07. Licensed public accountants and firms of public accountants
Status: in_force

43-02.2-07. Licensed public accountants and firms of public accountants

Persons who on July 1, 1993, hold licensed public accountant licenses issued under prior

law of this state are entitled to have those licenses renewed provided that they fulfill all

requirements for renewal under this section and subsections 13 and 15 of section 43-02.2-04.

Firm licensees that hold valid permits to practice are entitled to engage in the practice of public

accountancy to the same extent and with the same requirements as other holders of such

permits and are entitled to use the designations "licensed public accountant" and "LPA", but no

other designation, in connection with the practice of public accountancy. Licensed public

accountant licenses and firm permits must be renewed annually, with renewal subject to

payment of fees and any other requirements prescribed by the board.