N.D. Cent. Code § 43-02.2-02 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-02
43-02.2-02. Definitions
Status: in_force

43-02.2-02. Definitions

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

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

2. "Certificate" means a certificate as "certified public accountant" issued under section

43-02.2-04 or provisions of prior law, or a corresponding certificate as certified public

accountant issued after examination under the law of any other state.

3. "Client" means a person or entity that agrees with a licensee to receive any

professional service other than an employer-employee relationship.

4. "Firm" means a sole proprietorship, a corporation, a partnership, or any combination

thereof, or any other entity permitted by law.

5. "Licensee" means the holder of a certificate, license, or permit issued under this

chapter or prior law.

6. "NASBA national qualification appraisal service" means the section of the national

association of state boards of accountancy that either reviews the CPA licensure

requirements of its member jurisdictions to determine which CPA licensure

requirements are substantially equivalent to the licensure requirements of the Uniform

Accountancy Act or evaluates the credentials of individuals who are licensed in

jurisdictions that are not substantially equivalent to determine their individual

substantial equivalency.

7. "Permit" means a permit to practice public accountancy issued under section

43-02.2-06 or 43-02.2-07, prior law, or corresponding provisions of the laws of other

states.

8. "Practice of" or "practicing" public accountancy means the performance or the offering

to perform by a person or firm holding out to the public as a licensee, for a client or

potential client, services involving the use of accounting or auditing skills including the

issuance of reports on financial statements, but not including management advisory,

financial advisory, or consulting services, bookkeeping services, or the preparation of

tax returns or the furnishing of advice on tax matters unless provided by a firm of

certified public accountants or licensed public accountants.

9. "Practice privilege" means the privilege for a person to practice public accountancy

described in, and subject to the conditions contained in, subsection 1 of section

43-02.2-04.1.

10. "Practice review" means a study, appraisal, or review of one or more aspects of the

professional work of a firm in the practice of public accountancy, by a person or

persons who hold certificates and are in the practice of public accounting and who are

not affiliated with the person or firm being reviewed.

11. "Principal place of business" means the office location designated by the licensee for

purposes of substantial equivalence and reciprocity.

12. "Professional" means arising out of or related to the specialized knowledge or skills

associated with certified public accountants or licensed public accountants.

13. "Report", when used with reference to financial statements, means an opinion, report,

or other form of language that states or implies assurance as to the reliability of any

financial statements and that also includes or is accompanied by any statement or

implication that the person or firm issuing it has special knowledge or competence in

accounting or auditing. A statement or implication of special knowledge or competence

may arise from use by the issuer of the report of names or titles indicating that the

issuer is an accountant, auditor, or is in the business of accounting, or from the

language of the report. "Report" includes any form of language that disclaims an

opinion when the form of language is conventionally understood to imply any positive

assurance as to the reliability of the financial statements referred to or special

competence on the part of the person or firm issuing such language. "Report" includes

any other form of language that is conventionally understood to imply such assurance

or such special knowledge or competence.

14. "Rule" means any rule, regulation, or other written directive of general application duly

adopted by the board.

15. "State" means any state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and the

Commonwealth of the Northern Mariana Islands.

16. "Substantial equivalency", as used in section 43-02.2-04, pertaining to certification by

reciprocity, and in section 43-02.2-04.1, pertaining to the practice privilege, is a

determination by the board or its designee that another jurisdiction's education,

examination, and experience requirements are comparable to or exceed that of the

Uniform Accountancy Act, or that an individual's education, examination, and

experience qualifications are comparable to or exceed that of the Uniform

Accountancy Act. In ascertaining substantial equivalency as used in this chapter, the

board shall take into account the qualifications without regard to the sequence in which

experience, education, or examination requirements were attained.
N.D. Cent. Code § 43-25-05.1 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-05.1
43-25-05.1. Powers and duties of the board
Status: in_force

43-25-05.1. Powers and duties of the board

The board has the following powers and duties:

1. The board may adopt and enforce rules as necessary to implement this chapter.

2. The board periodically shall inspect or cause to be inspected all massage

establishments. The board and the board's agents may enter and inspect any

massage establishment at any time during which the establishment is open for the

transaction of business.

3. In accordance with the guidelines established for reports under section 54-06-04, the

board shall prepare and submit a biennial report detailing income and expenses and a

list of licensed massage therapists.

4. The board may hire office personnel deemed necessary by the board for carrying on

the board's official duties and shall set the compensation to be paid to the personnel.
N.D. Cent. Code § 43-37-09 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-09
43-37-09. License examination
Status: in_force

43-37-09. License examination

1. A separate examination is required for licensure in speech-language pathology or

audiology. An individual may be licensed in both areas if that individual meets the

respective qualifications of each area.

2. The speech-language pathology examination and the audiology examination are

examinations offered by organizations approved by the board. The board shall

maintain proof all licensees passed the required examination. The examination is not

required for renewal of licenses, except as required by board rules.
N.D. Cent. Code § 43-04-04 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-04
43-04-04. Board of barber examiners - Appointment - Term of office - Qualifications
Status: in_force

43-04-04. Board of barber examiners - Appointment - Term of office - Qualifications

1. The board of barber examiners must consist of at least three members appointed by

the governor for a term of three years.

2. Members are subject to the following requirements:

a. The terms of office of the members must be so arranged that one term expires on

the thirty-first day of December of each year;

b. Each appointment must be made from a list of five names submitted to the

governor by the state barber association; and

c. Each member must be a registered barber who has followed the occupation of

barber in this state for at least five years before that member's appointment.

3. Two additional members, who shall serve as nonvoting ex officio members and are not

required to be licensed barbers, may be appointed by the board for tasks including:

a. New and annual shop inspections; and

b. Office duties.
N.D. Cent. Code § 43-41-12 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-12
43-41-12. Renewal of licenses
Status: in_force

43-41-12. Renewal of licenses

1. All licenses are effective when granted by the board.

2. All licenses of licensed baccalaureate social workers, licensed master social workers,

and licensed clinical social workers expire on December thirty-first of every

odd-numbered year.

3. A license may be renewed by payment of the renewal fee and completion of the

continuing education requirements set by the board, provided the applicant's license is

not currently revoked or grounds for denial under section 43-41-10 do not exist.

4. If the application for renewal is not received on or before the expiration date, the

license expires and the person may not practice social work until a new application is

made and a license is granted by the board.

5. At the time of renewal the board may require each applicant to present satisfactory

evidence the applicant completed the continuing education requirements specified by

the board.

6. If a license has not been renewed as a result of nonpayment of the renewal fee or the

failure of the licensee to present satisfactory evidence of completion of the continuing

education requirements, the licensee must reapply for licensure.

7. The board may extend the renewal deadline for an applicant having proof of medical

or other hardship rendering the applicant unable to meet the renewal deadline.
N.D. Cent. Code § 43-32-05 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-05
43-32-05. Compensation of members - Expenses of board and members
Status: in_force

43-32-05. Compensation of members - Expenses of board and members

Each member of the board serves without compensation, but is entitled to receive

reimbursement for board expenses, mileage, and travel expenses while engaged in the

performance of board duties as provided in section 54-06-09. The secretary of the board is

entitled to receive salary or other compensation and allowance for clerical and other expenses

of the board, as the board determines.
N.D. Cent. Code § 43-09-10 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-10
43-09-10. Types of licenses
Status: in_force

43-09-10. Types of licenses

The classes of electricians who may be licensed under section 43-09-09 are:

1. Master electrician.

2. Journeyman electrician.

3. Class B electrician.

4. Power limited electrician.
N.D. Cent. Code § 43-23.1-20 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-20
43-23.1-20. Extradition
Status: in_force

43-23.1-20. Extradition

In proceedings for extradition of a person charged with a crime under this chapter, it need

not be shown that the person whose surrender is demanded has fled from justice or at the time

of the commission of the crime was in the demanding or other state.
N.D. Cent. Code § 43-36-02 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-02
43-36-02. Board - Appointments - Terms
Status: in_force

43-36-02. Board - Appointments - Terms

A state board of registration for professional soil classifiers is hereby created whose duty it

is to administer the provisions of this chapter. The board consists of three professional soil

classifiers appointed by the governor and two members at large appointed by the governor. The

members of the board must be appointed for five years, staggered so the term of one member

expires June thirtieth of each year and so that the terms of the members at large do not expire

in consecutive years. Each member of the board shall receive a certificate of that member's

appointment from the governor and shall file with the secretary of state a written oath and

affirmation of the faithful discharge of the member's official duties. On the expiration of the term

of any member, the governor shall in the manner hereinbefore provided appoint for a term of

five years a registered professional soil classifier or a member at large to take the place of the

member whose term on said board is about to expire. A member may be reappointed. Each

member shall hold office until a successor has been duly appointed and has qualified.
N.D. Cent. Code § 43-04-31 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-31
43-04-31. Qualifications for certificate of registration as registered barber
Status: in_force

43-04-31. Qualifications for certificate of registration as registered barber

A person is qualified to receive a certificate of registration to practice barbering if the

person:

1. Is at least eighteen years of age;

2. Is of good moral character and temperate habits; and

3. Has passed a satisfactory examination conducted by the board to determine that

person's fitness to practice barbering.
N.D. Cent. Code § 43-23.2-12 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-12
43-23.2-12. Subrogation rights of commission
Status: in_force

43-23.2-12. Subrogation rights of commission

When, upon the order of the court, the commission has paid from the fund any sum to the

judgment creditor, the commission is subrogated to all of the rights of the judgment creditor to

the extent of the amount so paid and the judgment creditor shall assign all the judgment

creditor's right, title, and interest in the judgment to the extent of the amount so paid to the

commission and any amount and interest so recovered by the commission on the judgment

must be deposited in the fund.
N.D. Cent. Code § 43-15-08 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-08
43-15-08. Oaths - President may administer
Status: in_force

43-15-08. Oaths - President may administer

The president of the board may administer oaths to applicants for registration and to any

witness in hearings, investigations, or proceedings pending before the board.
N.D. Cent. Code § 43-12.1-11 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-11
43-12.1-11. Duties of licensees and registrants
Status: in_force

43-12.1-11. Duties of licensees and registrants

Each individual licensed or registered by the board shall provide information requested by

the board at the time of renewal or reactivation. Each individual licensed or registered by the

board shall report to the board any knowledge of the performance of those acts or omissions

that are violations of this chapter or grounds for disciplinary action as set forth in section
N.D. Cent. Code § 43-37-18 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-18
43-37-18. Penalty
Status: in_force

43-37-18. Penalty

Any person that violates this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 43-23-15 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-15
43-23-15. Real estate courses - Studies
Status: in_force

43-23-15. Real estate courses - Studies

1. The commission may conduct or hold or assist in conducting or holding real estate

courses or institutes, and incur and pay the necessary expenses in connection

therewith, which courses or institutes must be open to any licensee without any charge

or fee.

2. The commission may assist libraries, real estate brokers and real estate salespersons,

and institutes and foundations, with financial aid or otherwise, in providing texts,

sponsoring studies, surveys, and programs for the benefit of real estate and the

elevation of the real estate business.
N.D. Cent. Code § 43-44.1-01 — ND Code / Title 43 / Chapter 43-44.1 / Section 43-44.1-01
43-44.1-01. Dietitian licensure compact
Status: reserved

43-44.1-01. Dietitian licensure compact

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

form substantially as follows:

ARTICLE I - PURPOSE

1. The purpose of this compact is to facilitate interstate practice of dietetics with the goal

of improving public access to dietetic services. This compact preserves the regulatory

authority of states to protect public health and safety through the current system of

state licensure, while also providing for licensure portability through a compact

privilege granted to qualifying professionals.

2. This compact is designed to achieve the following objectives:

a. Increase public access to dietetic services;

b. Provide opportunities for interstate practice by licensed dietitians who meet

uniform requirements;

c. Eliminate the necessity for licenses in multiple states;

d. Reduce the administrative burden on member states and licensees;

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

f. Encourage the cooperation of member states in regulating the multistate practice

of licensed dietitians;

g. Support relocating active military members and the member's spouse;

h. Enhance the exchange of licensure, investigative, and disciplinary information

among member states; and

i. Vest all member states with the authority to hold a licensed dietitian accountable

for meeting all state practice laws in the state in which the patient is located at the

time care is rendered.

ARTICLE II - DEFINITIONS

As used in this compact, and except as otherwise provided, the following definitions apply:

1. "ACEND" means the accreditation council for education in nutrition and dietetics or its

successor organization.

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

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

reserve.

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

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

licensee, including actions against an individual's license or compact privilege such as

revocation, suspension, probation, monitoring of the licensee, limitation on the

licensee's practice, or any other encumbrance on licensure affecting a licensee's

authorization to practice, including issuance of a cease and desist action.

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

process approved by a licensing authority.

5. "CDR" means the commission on dietetic registration or its successor organization.

6. "Charter member state" means any member state that enacted this compact by law

before the effective date specified in article XII.

7. "Compact commission" means the government agency whose membership consists of

all states that have enacted this compact, which is known as the dietitian licensure

compact commission, as described in article VIII, and which shall operate as an

instrumentality of the member states.

8. "Compact privilege" means a legal authorization, which is equivalent to a license,

permitting the practice of dietetics in a remote state.

9. "Continuing education" means a requirement, as a condition of license renewal, to

provide evidence of participation in, and completion of, educational and professional

activities relevant to practice or area of work.

10. "Current significant investigative information" means investigative information that:

a. A licensing authority, after a preliminary inquiry that includes notification and an

opportunity for the subject licensee to respond, if required by state law, has

reason to believe is not groundless and, if proved true, would indicate more than

a minor infraction; or

b. Indicates that the subject licensee represents an immediate threat to public health

and safety regardless of whether the subject licensee has been notified and had

an opportunity to respond.

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

education, examination, licensure, investigative, compact privilege, and adverse action

information.

12. "Encumbered license" means a license in which an adverse action restricts a

licensee's ability to practice dietetics.

13. "Encumbrance" means a revocation or suspension of, or any limitation on a licensee's

full and unrestricted practice of dietetics by a licensing authority.

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

behalf of, and within the powers granted to them by, this compact, and the compact

commission.

15. "Home state" means the member state that is the licensee's primary state of residence

or that has been designated pursuant to article XI.

16. "Investigative information" means information, records, and documents received or

generated by a licensing authority pursuant to an investigation.

17. "Jurisprudence requirement" means an assessment of an individual's knowledge of the

state laws and regulations governing the practice of dietetics in the state.

18. "License" means an authorization from a member state to either:

a. Engage in the practice of dietetics, including medical nutrition therapy; or

b. Use the title "dietitian", "licensed dietitian", "licensed dietitian nutritionist",

"certified dietitian", or other title describing a substantially similar practitioner as

the compact commission may further define by rule.

19. "Licensee" or "licensed dietitian" means an individual who currently holds a license

and who meets all of the requirements outlined in article IV.

20. "Licensing authority" means the board or agency of a state, or equivalent, that is

responsible for the licensing and regulation of the practice of dietetics.

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

22. "Practice of dietetics" means the synthesis and application of dietetics as defined by

state law and regulations, primarily for the provision of nutrition care services,

including medical nutrition therapy, in person or via telehealth, to prevent, manage, or

treat diseases or medical conditions, and promote wellness.

23. "Registered dietitian" means an individual who:

a. Has completed applicable education, experience, examination, and recertification

requirements approved by CDR;

b. Is credentialed by CDR as a registered dietitian or a registered dietitian

nutritionist; and

c. Is legally authorized to use the title registered dietitian or registered dietitian

nutritionist and the corresponding abbreviations "RD" or "RDN".

24. "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise a compact privilege.

25. "Rule" means a regulation promulgated by the compact commission which has the

force of law.

26. "Single state license" means a license issued by a member state within the issuing

state and does not include a compact privilege in any other member state.

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

America.

28. "Unencumbered license" means a license that authorizes a licensee to engage in the

full and unrestricted practice of dietetics.

ARTICLE III - STATE PARTICIPATION IN THE COMPACT

1. To participate in the compact, a state shall currently:

a. License and regulate the practice of dietetics; and

b. Have a mechanism in place for receiving and investigating complaints about

licensees.

2. A member state shall:

a. Participate fully in the compact commission's data system, including using the

unique identifier as defined in rules;

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

rules, of any adverse action or the availability of current significant investigative

information regarding a licensee;

c. Implement or utilize procedures for considering the criminal history record

information of applicants for an initial compact privilege. These procedures must

include the submission of fingerprints or other biometric-based information by

applicants for the purpose of obtaining an applicant's criminal history record

information from the federal bureau of investigation and the agency responsible

for retaining that state's criminal records;

(1) A member state shall fully implement a criminal history record information

requirement, within a time frame established by rule, which includes

receiving the results of the federal bureau of investigation record search,

and shall use those results in determining compact privilege eligibility.

(2) Communication between a member state and the compact commission or

among member states regarding the verification of eligibility for a compact

privilege may not include any information received from the federal bureau

of investigation relating to a federal criminal history record information check

performed by a member state.

d. Comply with and enforce the rules of the compact commission;

e. Require an applicant for a compact privilege to obtain or retain a license in the

licensee's home state and meet the home state's qualifications for licensure or

renewal of licensure, as well as all other applicable state laws; and

f. Recognize a compact privilege granted to a licensee who meets all of the

requirements outlined in article IV under the terms of the compact and rules.

3. Member states may set and collect a fee for granting a compact privilege.

4. Individuals not residing in a member state shall continue to be able to apply for a

member state's single state license as provided under the laws of each member state.

However, the single state license granted to these individuals may not be recognized

as granting a compact privilege to engage in the practice of dietetics in any other

member state.

5. Nothing in this compact may affect the requirements established by a member state for

the issuance of a single state license.

6. The compact commission may not define the requirements for the issuance of a single

state license to practice dietetics. The member states shall retain sole jurisdiction over

the provision of these requirements.

ARTICLE IV - COMPACT PRIVILEGE

1. To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

a. Satisfy one of the following:

(1) Hold a valid current registration that gives the applicant the right to use the

term registered dietitian; or

(2) Complete all of the following:

(a) An education program which is either:

[1] A master's degree or doctoral degree that is programmatically

accredited by ACEND or a dietetics accrediting agency

recognized by the United States department of education, which

the compact commission may by rule determine, and from a

college or university accredited at the time of graduation by the

appropriate regional accrediting agency recognized by the

council on higher education accreditation and the United States

department of education; or

[2] An academic degree from a college or university in a foreign

country equivalent to the degree described in subparagraph (a)

that is programmatically accredited by ACEND or a dietetics

accrediting agency recognized by the United States department

of education, which the compact commission may by rule

determine.

(b) A planned, documented, supervised practice experience in dietetics

that is programmatically accredited by ACEND or a dietetics

accrediting agency recognized by the United States department of

education, which the compact commission may by rule determine and

which involves at least one thousand hours of practice experience

under the supervision of a registered dietitian or a licensed dietitian.

(c) Successful completion of either the registration examination for

dietitians administered by CDR or a national credentialing examination

for dietitians approved by the compact commission by rule, with

completion occurring no more than five years before the date of the

licensee's application for initial licensure and accompanied by a period

of continuous licensure thereafter, all of which may be further

governed by the rules of the compact commission.

b. Hold an unencumbered license in the home state;

c. Notify the compact commission that the licensee is seeking a compact privilege

within a remote state;

d. Pay any applicable fees, including any state fee, for the compact privilege;

e. Meet any jurisprudence requirements established by the remote state in which

the licensee is seeking a compact privilege; and

f. Report to the compact commission any adverse action, encumbrance, or

restriction on a license taken by any nonmember state within thirty days from the

date the action is taken.

2. The compact privilege is valid until the expiration date of the home state license. To

maintain a compact privilege, renewal of the compact privilege must be congruent with

the renewal of the home state license as the compact commission may define by rule.

The licensee shall comply with the requirements of subsection 1 of article IV to

maintain the compact privilege in the remote state.

3. A licensee exercising a compact privilege shall adhere to the laws and regulations of

the remote state. Licensees must be responsible for educating themselves on, and

complying with, all state laws relating to the practice of dietetics in the remote state.

4. Notwithstanding anything to the contrary provided in this compact or state law, a

licensee exercising a compact privilege may not be required to complete continuing

education requirements required by a remote state. A licensee exercising a compact

privilege only is required to meet any continuing education requirements as required

by the home state.

ARTICLE V - OBTAINING A NEW HOME STATE LICENSE

BASED ON A COMPACT PRIVILEGE

1. A licensee may hold a home state license, which allows for a compact privilege in

other member states, in only one member state at a time.

2. If a licensee changes home state by moving between two member states:

a. The licensee shall file an application for obtaining a new home state license

based on a compact privilege, pay all applicable fees, and notify the current and

new home state in accordance with the rules of the compact commission.

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

a compact privilege, the new home state shall verify that the licensee meets the

criteria in article IV via the data system, and require that the licensee complete:

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

information check;

(2) Any other criminal history record information required by the new home

state; and

(3) Any 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 compact commission.

d. Notwithstanding any other provision of this compact, if the licensee cannot meet

the criteria in article IV, the new home state may apply its requirements for issuing

a new single state license.

e. The licensee shall pay all applicable fees to the new home state to be issued a

new home state license.

3. If a licensee changes the licensee's 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

shall apply for issuance of a single state license in the new state.

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

license in multiple states; however, for the purposes of this compact, a licensee may

have only one home state license.

5. Nothing in this compact may affect the requirements established by a member state for

the issuance of a single state license.

ARTICLE VI - ACTIVE MILITARY MEMBERS

OR THE MEMBER'S SPOUSE

An active military member, or the member's spouse, shall designate a home state where the

individual has a current license in good standing. The individual may retain the home state

designation during the period the service member is on active duty.

ARTICLE VII - ADVERSE ACTIONS

1. In addition to the other powers conferred by state law, a remote state must have the

authority, under state due process law, to:

a. Take adverse action against a licensee's compact privilege within that member

state; and

b. Issue subpoenas for both hearings and investigations that require the attendance

and testimony of witnesses as well as the production of evidence. Subpoenas

issued by a licensing authority in a member state for the attendance and

testimony of witnesses or the production of evidence from another member state

must be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure applicable to subpoenas issued in

proceedings pending before that court. The issuing authority shall pay any

witness fees, travel expenses, mileage, and other fees required by the service

statutes of the state in which the witnesses or evidence are located.

2. Only the home state may have the power to take adverse action against a licensee's

home state license.

3. For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had

occurred within the home state. In so doing, the home state shall apply its own state

laws to determine appropriate action.

4. The home state shall complete any pending investigations of a licensee who changes

home states during the course of the investigations. The home state must have

authority to take appropriate action and shall promptly report the conclusions of the

investigations to the administrator of the data system. The administrator of the data

system shall promptly notify the new home state of any adverse actions.

5. A member state, if otherwise permitted by state law, may recover from the affected

licensee the costs of investigations and dispositions of cases resulting from any

adverse action taken against that licensee.

6. A member state may take adverse action based on the factual findings of another

remote state, provided that the member state follows its own procedures for taking the

adverse action.

7. Joint investigations:

a. In addition to the authority granted to a member state by its respective state law,

any member state may participate with other member states in joint investigations

of licensees.

b. Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint investigations initiated under the compact.

8. If adverse action is taken by the home state against a licensee's home state license

resulting in an encumbrance on the home state license, the licensee's compact

privilege in all other member states must be revoked until all encumbrances have been

removed from the home state license. All home state disciplinary orders that impose

adverse action against a licensee must include a statement that the licensee's

compact privileges are revoked in all member states during the pendency of the order.

9. Once an encumbered license in the home state is restored to an unencumbered

license, as certified by the home state's licensing authority, the licensee shall meet the

requirements of subsection 1 of article IV and follow the administrative requirements to

reapply to obtain a compact privilege in any remote state.

10. If a member state takes adverse action, the member state promptly shall notify the

administrator of the data system. The administrator of the data system promptly shall

notify the other member states of any adverse actions.

11. Nothing in this compact may override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

ARTICLE VIII - ESTABLISHMENT OF THE DIETITIAN

LICENSURE COMPACT COMMISSION

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

whose membership consists of all member states that have enacted the compact

known as the dietitian licensure compact commission. The compact commission is an

instrumentality of the compact states acting jointly and not an instrumentality of any

one state. The compact commission shall come into existence on or after the effective

date of the compact as set forth in article XII.

2. Membership, voting, and meetings.

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

member state's licensing authority.

b. The delegate must be the primary administrator of the licensing authority or the

licensing authority's designee.

c. The compact commission shall by rule or bylaw establish a term of office for

delegates and may by rule or bylaw establish term limits.

d. The compact commission may recommend removal or suspension of any

delegate from office.

e. A member state's licensing authority shall fill any vacancy of its delegate

occurring on the compact commission within sixty days of the vacancy.

f. Each delegate must be entitled to one vote on all matters before the compact

commission requiring a vote by the delegates.

g. Delegates shall meet and vote by the means set forth in the bylaws. The bylaws

may provide for delegates to meet and vote in-person or by telecommunication,

video conference, or other means of communication.

h. The compact commission shall meet at least once during each calendar year.

Additional meetings may be held as set forth in the bylaws. The compact

commission may meet in-person or by telecommunication, video conference, or

other means of communication.

3. The compact commission has the power to:

a. Establish the fiscal year of the compact commission;

b. Establish code of conduct and conflict of interest policies;

c. Establish and amend rules and bylaws;

d. Maintain the commission's financial records in accordance with the bylaws;

e. Meet and take actions consistent with the provisions of this compact, the compact

commission's rules, and the bylaws;

f. Initiate and conclude legal proceedings or actions in the name of the compact

commission, provided that the standing of any licensing authority to sue or be

sued under applicable law may not be affected;

g. Maintain and certify records and information provided to a member state as the

authenticated business records of the compact commission, and designate an

agent to do so on the compact commission's behalf;

h. Purchase and maintain insurance and bonds;

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

member state;

j. Conduct an annual financial review;

k. Hire employees, elect or appoint officers, fix compensation, define duties, grant

those individuals appropriate authority to carry out the purposes of the compact,

and establish the compact commission's personnel policies and programs relating

to conflicts of interest, qualifications of personnel, and other related personnel

matters;

l. Assess and collect fees;

m. Accept all appropriate donations, grants of money, other sources of revenue,

equipment, supplies, materials, services, and gifts, and receive, utilize, and

dispose of the same provided that at all times the compact commission shall

avoid any actual or appearance of impropriety or conflict of interest;

n. Lease, purchase, retain, own, hold, improve, or use any property, real, personal,

or mixed, or any undivided interest therein;

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

of any property real, personal, or mixed;

p. Establish a budget and make expenditures;

q. Borrow money;

r. Appoint committees, including standing committees, composed of members,

state regulators, state legislators or their representatives, and consumer

representatives, and other interested persons as may be designated in this

compact or the bylaws;

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

agencies;

t. Establish and elect an executive committee, including a chair and a vice chair;

u. Determine whether a state's adopted language is materially different from the

model compact language such that the state would not qualify for participation in

the compact; and

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

purposes of this compact.

4. The executive committee.

a. The executive committee must have the power to act on behalf of the compact

commission according to the terms of this compact. The powers, duties, and

responsibilities of the executive committee shall include:

(1) Overseeing the day-to-day activities of the administration of the compact,

including enforcement and compliance with the provisions of the compact,

its rules and bylaws, and other duties as deemed necessary;

(2) Recommending to the compact commission changes to the rules or bylaws,

changes to this compact legislation, fees charged to compact member

states, fees charged to licensees, and other fees;

(3) Ensuring compact administration services are provided appropriately,

including by contract;

(4) Preparing and recommending the budget;

(5) Maintaining financial records on behalf of the compact commission;

(6) Monitoring compact compliance of member states and providing compliance

reports to the compact commission;

(7) Establishing additional committees as necessary;

(8) Exercising the powers and duties of the compact commission during the

interim between compact commission meetings, except for adopting or

amending rules, adopting or amending bylaws, and exercising any other

powers and duties expressly reserved to the compact commission by rule or

bylaw; and

(9) Other duties as provided in the rules or bylaws of the compact commission.

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

(1) The chair and vice chair of the compact commission, which must be voting

members of the executive committee;

(2) Five voting members from the current membership of the compact

commission, elected by the compact commission;

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

association representing dietitians; and

(4) One ex officio, nonvoting member from a recognized national credentialing

organization for dietitians.

c. The compact commission may remove any member of the executive committee

as provided in the compact commission's bylaws.

d. The executive committee shall meet at least annually.

(1) Executive committee meetings must be open to the public, except that the

executive committee may meet in a closed, nonpublic meeting as provided

in subdivision b of subsection 6.

(2) The executive committee shall give thirty days notice of its meetings, posted

on the website of the compact commission and as determined to provide

notice to persons with an interest in the business of the compact

commission.

(3) The executive committee may hold a special meeting in accordance with

paragraph 2 of subdivision a of subsection 6.

5. The compact commission shall adopt and provide to the member states an annual

report.

6. Meetings of the compact commission.

a. All meetings must be open to the public, except that the compact commission

may meet in a closed, nonpublic meeting as provided in subdivision b of

subsection 6.

(1) Public notice for all meetings of the full compact commission must be given

in the same manner as required under the rulemaking provisions in article X,

except that the compact commission may hold a special meeting as

provided in paragraph 2 of subdivision a of subsection 6.

(2) The compact commission may hold a special meeting when it must meet to

conduct emergency business by giving twenty-four hours' notice to all

member states, on the compact commission's website, and other means as

provided in the compact commission's rules. The compact commission's

legal counsel shall certify that the compact commission's need to meet

qualifies as an emergency.

b. The compact commission or the executive committee or other committees of the

compact commission may convene in a closed, nonpublic meeting for the

compact commission or executive committee or other committees of the compact

commission to receive legal advice or to discuss:

(1) Noncompliance of a member state with its obligations under the compact;

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

procedures related to specific employees;

(3) Current or threatened discipline of a licensee by the compact commission or

by a member state's licensing authority;

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

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

or real estate;

(6) Accusing a person of a crime or formally censuring a person;

(7) Trade secrets or commercial or financial information that is privileged or

confidential;

(8) Information of a personal nature if disclosure would constitute a clearly

unwarranted invasion of personal privacy;

(9) Investigative records compiled for law enforcement purposes;

(10) Information related to any investigative reports prepared by or on behalf of

or for use of the compact commission or other committee charged with

responsibility of investigation or determination of compliance issues

pursuant to the compact;

(11) Matters specifically exempted from disclosure by federal or member state

law; or

(12) Other matters as specified in the rules of the compact commission.

c. If a meeting or portion of a meeting is closed, the presiding officer shall state the

meeting will be closed and reference each relevant exempting provision and the

reference must be recorded in the minutes.

d. The compact commission shall keep minutes that fully and clearly describe all

matters discussed in a meeting and provide a full and accurate summary of

actions taken and the reasons for taking the action, including a description of the

views expressed. The documents considered in connection with an action must

be identified in the minutes. The minutes and documents of a closed meeting

must remain under seal, subject to release only by a majority vote of the compact

commission or order of a court of competent jurisdiction.

7. Financing of the compact commission.

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

expenses of the commission's establishment, organization, and ongoing

activities.

b. The compact commission may accept all appropriate revenue sources as

provided in subdivision m of subsection 3.

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

each member state and impose fees on licensees of member states to whom it

grants a compact privilege to cover the cost of the operations and activities of the

compact commission and its staff which must, in a total amount, be sufficient to

cover its annual budget as approved each year for which revenue is not provided

by other sources. The aggregate annual assessment amount for member states

must be allocated based upon a formula that the compact commission shall

promulgate by rule.

d. The compact commission may not incur an obligation before securing the funds

adequate to meet the obligation, nor shall the compact commission pledge the

credit of any of the member states, except by and with the authority of the

member state.

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

disbursements. The receipts and disbursements of the compact commission must

be subject to the financial review and accounting procedures established under

its bylaws. However, all receipts and disbursements of funds handled by the

compact commission must be subject to an annual financial review by a certified

or licensed public accountant and the report of the financial review must be

included in and become part of the annual report of the compact commission.

8. Qualified immunity, defense, and indemnification.

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

compact commission must be immune from suit and liability, both personally and

in their official capacity, for any claim for damage to or loss of property or

personal injury or other civil liability caused by or arising out of any actual or

alleged act, error, or omission that occurred, or that the individual against whom

the claim is made had a reasonable basis for believing occurred within the scope

of compact commission employment, duties, or responsibilities provided that

nothing in this subdivision may be construed to protect the individual from suit or

liability for any damage, loss, injury, or liability caused by the intentional, willful, or

wanton misconduct of that individual. The procurement of insurance of any type

by the compact commission may not compromise or limit the immunity granted

hereunder.

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

employee, and representative of the compact commission in any civil action

seeking to impose liability arising out of any actual or alleged act, error, or

omission that occurred within the scope of compact commission employment,

duties, or responsibilities, or as determined by the compact commission that the

individual against whom the claim is made had a reasonable basis for believing

occurred within the scope of compact commission employment, duties, or

responsibilities provided that nothing herein may be construed to prohibit that

individual from retaining the individual's own counsel at the individual's own

expense and provided further that the actual or alleged act, error, or omission did

not result from that individual's intentional, willful, or wanton misconduct.

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

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

the amount of any settlement or judgment obtained against that individual arising

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

of compact commission employment, duties, or responsibilities, or that the

individual had a reasonable basis for believing occurred within the scope of

compact commission employment, duties, or responsibilities provided that the

actual or alleged act, error, or omission did not result from the intentional, willful,

or wanton misconduct of that individual.

d. Nothing herein may be construed as a limitation on the liability of any licensee for

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

other applicable state laws.

e. Nothing in this compact may be interpreted to waive or otherwise abrogate a

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

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

or federal antitrust or anticompetitive law or regulation.

f. Nothing in this compact may be construed to be a waiver of sovereign immunity

by the member states or by the compact commission.

ARTICLE IX - DATA SYSTEM

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

and utilization of a coordinated data system.

2. The compact commission shall assign each applicant for a compact privilege a unique

identifier, as determined by the rules.

3. Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is

applicable as required by the rules of the compact commission, including:

a. Identifying information;

b. Licensure data;

c. Adverse actions against a license or compact privilege and information related to

the adverse action;

d. Nonconfidential information related to alternative program participation, the

beginning and ending dates of the participation, and other information related to

the participation not made confidential under member state law;

e. Any denial of application for licensure, and the reason for the denial;

f. The presence of current significant investigative information; and

g. Other information that may facilitate the administration of this compact or the

protection of the public, as determined by the rules of the compact commission.

4. The records and information provided to a member state pursuant to this compact or

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

commission, shall constitute the authenticated business records of the compact

commission, and must be entitled to any associated hearsay exception in a relevant

judicial, quasi-judicial, or administrative proceeding in a member state.

5. Current significant investigative information pertaining to a licensee in any member

state will be available only to other member states.

6. It is the responsibility of the member states to report any adverse action against a

licensee and to monitor the data system to determine whether any adverse action has

been taken against a licensee. Adverse action information pertaining to a licensee in

any member state will be available to any other member state.

7. Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the

contributing state.

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

pursuant to federal law or the laws of the member state contributing the information

must be removed from the data system.

ARTICLE X - RULEMAKING

1. The compact commission shall promulgate reasonable rules to effectively and

efficiently implement and administer the purposes and provisions of the compact. A

rule has no force or effect if a court of competent jurisdiction holds the rule is invalid

because the compact commission exercised its rulemaking authority in a manner that

is beyond the scope and purposes of the compact, or the powers granted under the

compact, or based upon another applicable standard of review.

2. The rules of the compact commission must have the force of law in each member

state, provided that if the rules conflict with the laws or regulations of a member state

that relate to the procedures, actions, and processes a licensed dietitian is permitted to

undertake in that state and the circumstances under which the licensed dietitian may

do so, as held by a court of competent jurisdiction, the rules of the compact

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

3. The compact commission shall exercise its rulemaking powers pursuant to the criteria

and rules set forth and adopted under this section. Rules become binding on the day

following adoption or as of the date specified in the rule or amendment, whichever is

later.

4. If a majority of the legislatures of the member states rejects a rule or portion of a rule,

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

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

and effect in any member state.

5. Rules must be adopted at a regular or special meeting of the compact commission.

6. Before adoption of a proposed rule, the compact commission shall hold a public

hearing and allow individuals to provide oral and written comments, data, facts,

opinions, and arguments.

7. Before adoption of a proposed rule by the compact commission, and at least thirty

days in advance of the meeting at which the compact commission will hold a public

hearing on the proposed rule, the compact commission shall provide a notice of

proposed rulemaking:

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

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

proposed rulemaking; and

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

8. The notice of proposed rulemaking must include:

a. The time, date, and location of the public hearing at which the compact

commission will hear public comments on the proposed rule and, if different, the

time, date, and location of the meeting at which the compact commission will

consider and vote on the proposed rule;

b. If the hearing is held via telecommunication, video conference, or other means of

communication, the compact commission shall include the mechanism for access

to the hearing in the notice of proposed rulemaking;

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

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

e. The manner in which interested persons may submit written comments.

9. All hearings will be recorded. A copy of the recording and all written comments and

documents received by the compact commission in response to the proposed rule

must be available to the public.

10. Nothing in this section may be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the compact commission at hearings

required by this section.

11. The compact commission shall, by majority vote of all members, take final action on

the proposed rule based on the rulemaking record and the full text of the rule.

a. The compact commission may adopt changes to the proposed rule provided the

changes do not enlarge the original purpose of the proposed rule.

b. The compact commission shall provide an explanation of the reasons for

substantive changes made to the proposed rule as well as reasons for

substantive changes not made that were recommended by commenters.

c. The compact commission shall determine a reasonable effective date for the rule.

Except for an emergency as provided in subsection 12 of article X, the effective

date of the rule must be no sooner than thirty days after issuing the notice that

the commission adopted or amended the rule.

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

and adopt an emergency rule with twenty-four hours' notice and with opportunity to

comment, provided that the usual rulemaking procedures provided in the compact and

in this section must be retroactively applied to the rule as soon as reasonably possible,

in no event later than ninety days after the effective date of the rule. For the purposes

of this provision, an emergency rule is one that must be adopted immediately in order

to:

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

b. Prevent a loss of compact commission or member state funds;

c. Meet a deadline for the promulgation of a rule that is established by federal law or

rule; or

d. Protect public health and safety.

13. The compact commission or an authorized committee of the compact commission may

direct revision to a previously adopted rule for purposes of correcting typographical

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

any revision must be posted on the website of the compact commission. The revision

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

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

change to a rule. A challenge must be made in writing and delivered to the compact

commission before the end of the notice period. If no challenge is made, the revision

will take effect without further action. If the revision is challenged, the revision may not

take effect without the approval of the compact commission.

14. A member state's rulemaking requirements may not apply under this compact.

ARTICLE XI - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1. Oversight.

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

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

implement this compact.

b. Except as otherwise provided in this compact, venue is proper and judicial

proceedings by or against the compact commission must be brought solely and

exclusively in a court of competent jurisdiction where the principal office of the

compact commission is located. The compact commission may waive venue and

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

alternative dispute resolution proceedings. Nothing herein shall affect or limit the

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

malpractice, misconduct, or any such similar matter.

c. The compact commission must be entitled to receive service of process in any

proceeding regarding the enforcement or interpretation of the compact and shall

have standing to intervene in that proceeding for all purposes. Failure to provide

the compact commission service of process shall render a judgment or order void

as to the compact commission, this compact, or promulgated rules.

2. Default, technical assistance, and termination.

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

performance of its obligations or responsibilities under this compact or the

promulgated rules, the compact commission shall provide written notice to the

defaulting state. The notice of default shall describe the default, the proposed

means of curing the default, and any other action that the compact commission

may take and shall offer training and specific technical assistance regarding the

default.

b. The compact commission shall provide a copy of the notice of default to the other

member states.

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

the compact upon an affirmative vote of a majority of the delegates of the member

states, and all rights, privileges, and benefits conferred on that state by this compact

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

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

default.

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

of securing compliance have been exhausted. Notice of intent to suspend or terminate

must be given by the compact commission to the governor, the majority and minority

leaders of the defaulting state's legislature, the defaulting state's licensing authority,

and each of the member states licensing authority.

5. 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.

6. Upon the termination of a state's membership from this compact, that state shall

immediately provide notice to all licensees within that state of the termination. The

terminated state shall continue to recognize all compact privileges granted pursuant to

this compact for a minimum of six months after the date of the notice of termination.

7. The compact commission may not bear any costs related to a state that is found to be

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

between the compact commission and the defaulting state.

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

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

the compact commission has its principal offices. The prevailing party must be

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

9. Dispute resolution.

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

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

between member and nonmember states.

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

and binding dispute resolution for disputes as appropriate.

10. Enforcement.

a. By supermajority vote, the compact commission may initiate legal action against

a member state in default in the United States district court for the District of

Columbia or the federal district where the compact commission has its principal

offices to enforce compliance with the provisions of the compact and its

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

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

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

The remedies herein may not be the exclusive remedies of the compact

commission. The compact commission may pursue any other remedies available

under federal or the defaulting member state's law.

b. A member state may initiate legal action against the compact commission in the

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

the compact commission has its principal offices to enforce compliance with the

provisions of the compact and its promulgated rules. The relief sought may

include both injunctive relief and damages. In the event judicial enforcement is

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

including reasonable attorney's fees.

c. No party other than a member state may enforce this compact against the

compact commission.

ARTICLE XII - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

1. The compact shall come into effect on the date on which the compact statute is

enacted into law in the seventh member state.

a. On or after the effective date of the compact, the compact commission shall

convene and review the enactment of each of the first seven member states,

"charter member states", to determine if the statute enacted by each charter

member state is materially different than the model compact statute.

(1) A charter member state whose enactment is found to be materially different

from the model compact statute must be entitled to the default process set

forth in article XI.

(2) If any member state is later found to be in default, is terminated, or

withdraws from the compact, the compact commission shall remain in

existence and the compact shall remain in effect even if the number of

member states is less than seven.

b. Member states enacting the compact subsequent to the seven initial charter

member states must be subject to the process set forth in subdivision u of

subsection 3 of article VIII to determine if the member state's enactments are

materially different from the model compact statute and whether the member

states qualify for participation in the compact.

c. All actions taken for the benefit of the compact commission or in furtherance of

the purposes of the administration of the compact before the effective date of the

compact or the compact commission coming into existence must be considered

to be actions of the compact commission unless specifically repudiated by the

compact commission.

d. Any state that joins the compact subsequent to the compact commission's initial

adoption of the rules and bylaws is subject to the rules and bylaws as the rules

and bylaws exist on the date on which the compact becomes law in that state.

Any rule that has been adopted previously by the compact commission must

have the full force and effect of law on the day the compact becomes law in that

state.

2. Any member state may withdraw from this compact by enacting a statute repealing the

compact.

a. A member state's withdrawal may not take effect until one hundred eighty days

after enactment of the repealing statute.

b. Withdrawal may not affect the continuing requirement of the withdrawing state's

licensing authority to comply with the investigative and adverse action reporting

requirements of this compact before the effective date of withdrawal.

c. Upon the enactment of a statute withdrawing from this compact, a state

immediately shall provide notice of the withdrawal to all licensees within that

state. Notwithstanding any subsequent statutory enactment to the contrary, the

withdrawing state shall continue to recognize all compact privileges granted

pursuant to this compact for a minimum of one hundred eighty days after the date

of the notice of withdrawal.

3. Nothing contained in this compact may be construed to invalidate or prevent any

licensure agreement or other cooperative arrangement between a member state and a

nonmember state that does not conflict with the provisions of this compact.

4. This compact may be amended by the member states. No amendment to this compact

may become effective and binding upon any member state until it is enacted into the

laws of all member states.

ARTICLE XIII - CONSTRUCTION AND SEVERABILITY

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

construed so as to effectuate the purposes and the implementation and administration

of the compact. Provisions of the compact expressly authorizing or requiring the

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

rulemaking authority solely for those purposes.

2. The provisions of this compact must be severable and if any phrase, clause, sentence,

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

to the constitution of any member state, a state seeking participation in the compact,

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

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

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

government, agency, person, or circumstance shall not be affected thereby.

3. Notwithstanding subsection 2, the compact commission may deny a state's

participation in the compact or, in accordance with the requirements of subsection 2 of

article XI, terminate a member state's participation in the compact, if it determines that

a constitutional requirement of a member state is a material departure from the

compact. Otherwise, if this compact must be held to be contrary to the constitution of

any member state, the compact shall remain in full force and effect as to the remaining

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

severable matters.

ARTICLE XIV - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

1. Nothing herein may prevent or inhibit the enforcement of any other law of a member

state that is not inconsistent with the compact.

2. Any laws, statutes, regulations, or other legal requirements in a member state in

conflict with the compact are superseded to the extent of the conflict.

3. All permissible agreements between the compact commission and the member states

are binding in accordance with the terms of the agreement.
N.D. Cent. Code § 43-25-08 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-08
43-25-08. Fee for license
Status: in_force

43-25-08. Fee for license

The application fee to receive a license as a massage therapist is one hundred fifty dollars

or a lesser amount established by the board.
N.D. Cent. Code § 43-23.1-22 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-22
43-23.1-22. Evidentiary matters
Status: in_force

43-23.1-22. Evidentiary matters

1. In any action, civil or criminal, when a defense is based upon any exemption provided

for in this chapter, the burden of proving the existence of such exemption is upon the

party raising such defense.

2. In any action, civil or criminal, a certificate signed and sealed by the commission

stating compliance or noncompliance with the provisions of this chapter is admissible

in any such action.
N.D. Cent. Code § 43-15-35 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-35
43-15-35. Requirements for permit to operate pharmacy - Exceptions
Status: in_force

43-15-35. Requirements for permit to operate pharmacy - Exceptions

1. The board shall issue a permit to operate a pharmacy, or a renewal permit, upon

satisfactory proof of all of the following:

a. The pharmacy will be conducted in full compliance with existing laws and with the

rules and regulations established by the board.

b. The equipment and facilities of the pharmacy are such that prescriptions can be

filled accurately and properly, and United States pharmacopeia and national

formulary preparations properly compounded and so that it may be operated and

maintained in a manner that will not endanger public health and safety.

c. The pharmacy is equipped with proper pharmaceutical and sanitary appliances

and kept in a clean, sanitary, and orderly manner.

d. The management of the pharmacy is under the personal charge of a pharmacist

duly licensed under the laws of this state.

e. The applicant for such permit is qualified to conduct the pharmacy, and is a

licensed pharmacist in good standing or is a partnership, each active member of

which is a licensed pharmacist in good standing; a corporation or an association,

the majority stock in which is owned by licensed pharmacists in good standing; or

a limited liability company, the majority membership interests in which is owned

by licensed pharmacists in good standing, actively and regularly employed in and

responsible for the management, supervision, and operation of such pharmacy.

f. Suitable reference sources either in book or electronic data form, are available in

the pharmacy or online, which might include the United States pharmacopeia and

national formulary, the United States pharmacopeia dispensing information, facts

and comparisons, micro medex, the American society of health-system

pharmacists formulary, or other suitable references pertinent to the practice

carried on in the licensed pharmacy.

2. The provisions of subdivision e of subsection 1 do not apply to:

a. The holder of a permit on July 1, 1963, if otherwise qualified to conduct the

pharmacy, provided that any such permitholder that discontinues operations

under such permit or fails to renew such permit upon expiration is not exempt

from the provisions of subdivision e of subsection 1 as to the discontinued or

lapsed permit.

b. A hospital pharmacy furnishing service only to patients in that hospital.

c. The applicant for a permit to operate a pharmacy which is a hospital, if the

pharmacy for which the hospital seeks a permit to operate is a retail pharmacy

that is the sole provider of pharmacy services in the community and is a retail

pharmacy that was in existence before the hospital took over operations. A

hospital operating a pharmacy under this subdivision may operate the pharmacy

at any location in the community.

d. The applicant for a permit to operate a pharmacy which is the owner of a

postgraduate medical residency training program if the pharmacy is collocated

with and is run in direct conjunction with the postgraduate medical residency

training program. For purposes of this subdivision, the postgraduate medical

residency training program must be accredited by the accreditation council on

graduate medical education or other national accrediting organization.
N.D. Cent. Code § 43-26.2-01 — ND Code / Title 43 / Chapter 43-26.2 / Section 43-26.2-01
43-26.2-01. Physical therapy licensure compact
Status: in_force

43-26.2-01. Physical therapy licensure compact

ARTICLE I - PURPOSE

The purpose of this compact is to facilitate interstate practice of physical therapy with the

goal of improving public access to physical therapy services. The practice of physical therapy

occurs in the state where the patient or client is located at the time of the patient or client

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

safety through the current system of state licensure.

This compact is designed to achieve the following objectives:

1. Increase public access to physical therapy services by providing for the mutual

recognition of other member state licenses;

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

3. Encourage the cooperation of member states in regulating multistate physical therapy

practice;

4. Support spouses of relocating military members;

5. Enhance the exchange of licensure, investigative, and disciplinary information

between member states; and

6. Allow a remote state to hold a provider of services with a compact privilege in that

state accountable to that state's practice standards.

ARTICLE II - DEFINITIONS

As used in this compact, and except as otherwise provided, the following definitions apply:

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 pursuant to 10 U.S.C. sections 1209 and 1211.

2. "Adverse action" means disciplinary action taken by a physical therapy licensing board

based upon misconduct, unacceptable performance, or a combination of both.

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

process approved by a physical therapy licensing board. This includes substance

abuse issues.

4. "Compact privilege" means the authorization granted by a remote state to allow a

licensee from another member state to practice as a physical therapist or work as a

physical therapist assistant in the remote state under its laws and rules. The practice

of physical therapy occurs in the member state where the patient or client is located at

the time of the patient or client encounter.

5. "Continuing competence" 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. "Data system" means a repository of information about licensees, including

examination, licensure, investigative, compact privilege, and adverse action.

7. "Encumbered license" means a license that a physical therapy licensing board has

limited in any way.

8. "Executive board" means a group of directors elected or appointed to act on behalf of,

and within the powers granted to them by, the commission.

9. "Home state" means the member state that is the licensee's primary state of

residence.

10. "Investigative information" means information, records, and documents received or

generated by a physical therapy licensing board pursuant to an investigation.

11. "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of physical therapy in a state.

12. "Licensee" means an individual who currently holds an authorization from the state to

practice as a physical therapist or to work as a physical therapist assistant.

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

14. "Party state" means any member state in which a licensee holds a current license or

compact privilege or is applying for a license or compact privilege.

15. "Physical therapist" means an individual who is licensed by a state to practice physical

therapy.

16. "Physical therapist assistant" means an individual who is licensed or certified by a

state and who assists the physical therapist in selected components of physical

therapy.

17. "Physical therapy", "physical therapy practice", and "the practice of physical therapy"

mean the care and services provided by or under the direction and supervision of a

licensed physical therapist.

18. "Physical therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted the

compact.

19. "Physical therapy licensing board" or "licensing board" means the agency of a state

that is responsible for the licensing and regulation of physical therapists and physical

therapist assistants.

20. "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

21. "Rule" means a regulation, principle, or directive promulgated by the commission

which has the force of law.

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

America that regulates the practice of physical therapy.

ARTICLE III - STATE PARTICIPATION IN THE COMPACT

1. To participate in the compact, a state must:

a. Participate fully in the commission's data system, including using the

commission's unique identifier as defined in rules;

b. Have a mechanism in place for receiving and investigating complaints about

licensees;

c. Notify the commission, in compliance with the terms of the compact and rules, of

any adverse action or the availability of investigative information regarding a

licensee;

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

established by rule, by receiving the results of the federal bureau of investigation

record search on criminal background checks and use the results in making

licensure decisions in accordance with subsection 2;

e. Comply with the rules of the commission;

f. Utilize a recognized national examination as a requirement for licensure pursuant

to the rules of the commission; and

g. Have continuing competence requirements as a condition for license renewal.

2. Upon adoption of this statute, the member state may obtain biometric-based

information from each physical therapy licensure applicant and submit this information

to the federal bureau of investigation for a criminal background check in accordance

with 28 U.S.C. section 534 and 42 U.S.C. section 14616.

3. A member state shall grant the compact privilege to a licensee holding a valid

unencumbered license in another member state in accordance with the terms of the

compact and rules.

4. Member states may charge a fee for granting a compact privilege.

ARTICLE IV - COMPACT PRIVILEGE

1. To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

a. Hold a license in the home state;

b. Have no encumbrance on any state license;

c. Be eligible for a compact privilege in any member state in accordance with

subsections 4, 7, and 8;

d. Have not had any adverse action against any license or compact privilege within

the previous two years;

e. Notify the commission the licensee is seeking the compact privilege within a

remote state;

f. Pay any applicable fees, including any state fee, for the compact privilege;

g. Meet any jurisprudence requirements established by the remote state in which

the licensee is seeking a compact privilege; and

h. Report to the commission adverse action taken by any nonmember state within

thirty days from the date the adverse action is taken.

2. The compact privilege is valid until the expiration date of the home license. The

licensee must comply with the requirements of subsection 1 to maintain the compact

privilege in the remote state.

3. A licensee providing physical therapy in a remote state under the compact privilege

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

4. A licensee providing physical therapy in a remote state is subject to that state's

regulatory authority. A remote state may, in accordance with due process and that

state's laws, remove a licensee's compact privilege in the remote state for a specific

period of time, impose fines, or take any other necessary actions to protect the health

and safety of its citizens. The licensee is not eligible for a compact privilege in any

state until the specific time for removal has passed and all fines are paid.

5. If a home state license is encumbered, the licensee loses the compact privilege in any

remote state until the following occur:

a. The home state license is no longer encumbered; and

b. Two years have elapsed from the date of the adverse action.

6. Once an encumbered license in the home state is restored to good standing, the

licensee shall meet the requirements of subsection 1 to obtain a compact privilege in

any remote state.

7. If a licensee's compact privilege in any remote state is removed, the individual loses

the compact privilege in any remote state until the following occur:

a. The specific period of time for which the compact privilege was removed has

ended;

b. All fines have been paid; and

c. Two years have elapsed from the date of the adverse action.

8. Once the requirements of subsection 7 have been met, the licensee shall meet the

requirements in subsection 1 to obtain a compact privilege in a remote state.

ARTICLE V - ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

A licensee who is active duty military or is the spouse of an individual who is active duty

military may designate one of the following as the home state:

1. Home of record;

2. Permanent change of station; or

3. State of current residence if it is different from the permanent change of station state

or home of record.

ARTICLE VI - ADVERSE ACTIONS

1. A home state has the exclusive power to impose adverse action against a license

issued by the home state.

2. A home state may take adverse action based on the investigative information of a

remote state, if the home state follows its own procedures for imposing adverse action.

3. This compact does not override a member state's decision that participation in an

alternative program may be used in lieu of adverse action and that such participation

must remain nonpublic if required by the member state's laws. Member states shall

require licensees who enter any alternative programs in lieu of discipline to agree not

to practice in any other member state during the term of the alternative program

without prior authorization from such other member state.

4. Any member state may investigate actual or alleged violations of the statutes and rules

authorizing the practice of physical therapy in any other member state in which a

physical therapist or physical therapist assistant holds a license or compact privilege.

5. A remote state may:

a. Take adverse actions as set forth in subsection 4 of article IV against a licensee's

compact privilege in the state;

b. Issue subpoenas for both hearings and investigations which require the

attendance and testimony of witnesses, and the production of evidence.

Subpoenas issued by a physical therapy licensing board in a party state for the

attendance and testimony of witnesses, or the production of evidence from

another party state, must be enforced in the latter state by any court of competent

jurisdiction, according to the practice and procedure of that court applicable to

subpoenas issued in proceedings pending before it. The issuing authority shall

pay any witness fees, travel expenses, mileage, and other fees required by the

service statutes of the state where the witnesses or evidence are located; and

c. If otherwise permitted by state law, recover from the licensee the costs of

investigations and disposition of cases resulting from any adverse action taken

against that licensee.

6. Joint investigations.

a. In addition to the authority granted to a member state by its respective physical

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

with other member states in joint investigations of licensees.

b. Member states shall share any investigative, litigation, or compliance materials in

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

ARTICLE VII - ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION

1. The compact member states hereby create and establish a joint public agency known

as the physical therapy compact commission:

a. The commission is an instrumentality of the compact states.

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

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

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

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

alternative dispute resolution proceedings.

c. This compact may not be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

a. Each member state is limited to one delegate selected by that member state's

licensing board.

b. The delegate must be a current member of the licensing board, who is a physical

therapist, physical therapist assistant, public member, or the board administrator.

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

of the state from which the delegate is appointed.

d. The member state board shall fill any vacancy occurring in the commission.

e. Each delegate is entitled to one vote with regard to the promulgation of rules and

creation of bylaws and shall otherwise have an opportunity to participate in the

business and affairs of the commission.

f. A delegate shall vote in person or by such other means as provided in the bylaws.

The bylaws may provide for delegates' participation in meetings by telephone or

other means of communication.

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

meetings must be held as set forth in the bylaws.

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

a. Establish the fiscal year of the commission;

b. Establish bylaws;

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

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

and the bylaws;

e. Promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules have the force and effect of law and are

binding in all member states;

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

provided the standing of any state physical therapy licensing board to sue or be

sued under applicable law may not be affected;

g. Purchase and maintain insurance and bonds;

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

member state;

i. Hire employees; elect or appoint officers; fix compensation; define duties; grant

such individuals appropriate authority to carry out the purposes of the compact;

and to establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters;

j. Accept any and all appropriate donations and grants of money, equipment,

supplies, materials, and services, and to receive, utilize, and dispose of the same,

provided that at all times the commission shall avoid any appearance of

impropriety or conflict of interest;

k. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve, or use, any property, real, personal, or mixed, provided that at all

times the commission shall avoid any appearance of impropriety;

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

of any property real, personal, or mixed;

m. Establish a budget and make expenditures;

n. Borrow money;

o. Appoint committees, including standing committees comprised of members, state

regulators, state legislators or their representatives, and consumer

representatives, and such other interested persons as may be designated in this

compact and the bylaws;

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

agencies;

q. Establish and elect an executive board; and

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

purposes of this compact consistent with the state regulation of physical therapy

licensure and practice.

4. The executive board may act on behalf of the commission according to the terms of

this compact:

a. The executive board must be comprised of nine members:

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

membership of the commission;

(2) One ex officio, nonvoting member from the recognized national physical

therapy professional association; and

(3) One ex officio, nonvoting member from the recognized membership

organization of the physical therapy licensing boards.

b. The ex officio members are selected by their respective organizations.

c. The commission may remove any member of the executive board as provided in

bylaws.

d. The executive board shall meet at least annually.

e. The executive board shall:

(1) Recommend to the entire commission changes to the rules or bylaws,

changes to this compact legislation, fees paid by compact member states

such as annual dues, and any commission compact fee charged to

licensees for the compact privilege;

(2) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(3) Prepare and recommend the budget;

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

(5) Monitor compact compliance of member states and provide compliance

reports to the commission;

(6) Establish additional committees as necessary; and

(7) Other duties as provided in rules or bylaws.

5. Meetings of the commission.

a. All meetings are open to the public, and public notice of meetings must be given

in the same manner as required under the rulemaking provisions in article IX.

b. The commission or the executive board or other committees of the commission

may convene in a closed, nonpublic meeting if the commission or executive

board or other committees of the commission must discuss:

(1) Noncompliance of a member state with its obligations under the compact;

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

procedures related to specific employees or other matters related to the

commission's internal personnel practices and procedures;

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

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

or real estate;

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

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

privileged or confidential;

(7) Disclosure of information of a personal nature if disclosure would constitute

a clearly unwarranted invasion of personal privacy;

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

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

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

responsibility of investigation or determination of compliance issues

pursuant to the compact; or

(10) Matters specifically exempted from disclosure by federal or member state

statute.

c. If a meeting, or portion of a meeting, is closed pursuant to this provision, the

commission's legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision.

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

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons therefore, including a description of the views expressed.

All documents considered in connection with an action must be identified in such

minutes. All minutes and documents of a closed meeting must remain under seal,

subject to release by a majority vote of the commission or order of a court of

competent jurisdiction.

6. Financing of the commission.

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

expenses of its establishment, organization, and ongoing activities.

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

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

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

member state or impose fees on other parties to cover the cost of the operations

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

sufficient to cover its annual budget as approved each year for which revenue is

not provided by other sources. The aggregate annual assessment amount must

be allocated based upon a formula to be determined by the commission, which

shall promulgate a rule binding upon all member states.

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

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

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

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

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

accounting procedures established under its bylaws. However, all receipts and

disbursements of funds handled by the commission must be audited yearly by a

certified or licensed public accountant, and the report of the audit must be

included in and become part of the annual report of the commission.

7. Qualified immunity, defense, and indemnification.

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

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

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

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

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

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities, provided that nothing in this subdivision

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

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

that person.

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

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

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

scope of commission employment, duties, or responsibilities, or that the person

against whom the claim is made had a reasonable basis for believing occurred

within the scope of commission employment, duties, or responsibilities, provided

this subdivision may not be construed to prohibit that person from retaining that

person's own counsel, and provided further, that the actual or alleged act, error,

or omission did not result from that person's intentional, willful, or wanton

misconduct.

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

executive director, employee, or representative of the commission for the amount

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

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

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

reasonable basis for believing occurred within the scope of commission

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

error, or omission did not result from the intentional, willful, or wanton misconduct

of that person.

ARTICLE VIII - DATA SYSTEM

1. The commission shall provide for the development, maintenance, and utilization of a

coordinated database and reporting system containing licensure, adverse action, and

investigative information on all licensed individuals in member states.

2. Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is

applicable as required by the rules of the commission, including:

a. Identifying information;

b. Licensure data;

c. Adverse actions against a license or compact privilege;

d. Nonconfidential information related to alternative program participation;

e. Any denial of application for licensure, and the reason for such denial; and

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

determined by the rules of the commission.

3. Investigative information pertaining to a licensee in any member state will only be

available to other party states.

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

against a licensee or an individual applying for a license. Adverse action information

pertaining to a licensee in any member state is available to any other member state.

5. Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the

contributing state.

6. Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information must be

removed from the data system.

ARTICLE IX - RULEMAKING

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

in this article and the rules adopted under this article. Rules and amendments become

binding as of the date specified in each rule or amendment.

2. If a majority of the legislatures of the member states reject a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four years

of the date of adoption of the rule, then such rule has no further force and effect in any

member state.

3. Rules or amendments to the rules must be adopted at a regular or special meeting of

the commission.

4. Before promulgation and adoption of a final rule or rules by the commission, and at

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

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

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

b. On the website of each member state physical therapy licensing board or other

publicly accessible platform or the publication in which each state would

otherwise publish proposed rules.

5. The notice of proposed rulemaking must include:

a. The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

b. The text of the proposed rule or amendment and the reason for the proposed

rule;

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

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

the interested persons' intentions to attend the public hearing and any written

comments.

6. Before adoption of a proposed rule, the commission shall allow persons to submit

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

public.

7. The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

a. At least twenty-five persons;

b. A state or federal governmental subdivision or agency; or

c. An association having at least twenty-five members.

8. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing. If the hearing is held via

electronic means, the commission shall publish the mechanism for access to the

electronic hearing.

a. All persons wishing to be heard at the hearing shall notify the executive director

of the commission or other designated member in writing of their desire to appear

and testify at the hearing not less than five business days before the scheduled

date of the hearing.

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

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

c. All hearings must be recorded. A copy of the recording must be made available

on request.

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

Rules may be grouped for the convenience of the commission at hearings

required by this section.

9. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and

oral comments received.

10. If written notice of intent to attend the public hearing by interested parties is not

received, the commission may proceed with promulgation of the proposed rule without

a public hearing.

11. By majority vote of all members, the commission shall take final action on the

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

rulemaking record and the full text of the rule.

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

adopt an emergency rule without prior notice, opportunity for comment, or hearing,

provided that the usual rulemaking procedures provided in the compact and in this

section must be retroactively applied to the rule as soon as reasonably possible, in no

event later than ninety days after the effective date of the rule. For the purposes of this

provision, an emergency rule is one that must be adopted immediately in order to:

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

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

c. Meet a deadline for the promulgation of an administrative rule that is established

by federal law or rule; or

d. Protect public health and safety.

13. The commission or an authorized committee of the commission may direct revisions to

a previously adopted rule or amendment for purposes of correcting typographical

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

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

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

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

to a rule. A challenge must be made in writing, and delivered to the chair of the

commission before the end of the notice period. If a challenge is not made, the

revision takes effect without further action. If the revision is challenged, the revision

may not take effect without the approval of the commission.

ARTICLE X - 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 promulgated under this compact 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 promulgated rules.

2. Default, technical assistance, and termination.

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

performance of its obligations or responsibilities under this compact or the

promulgated rules, the commission shall:

(1) Provide written notice to the defaulting state and other 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 bear any costs related to a state that is found to be in

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

writing between the commission and the defaulting state.

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 such 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 which arise among member states and between

member and nonmember states.

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

dispute resolution for disputes as appropriate.

4. Enforcement.

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

provisions 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 promulgated rules and

bylaws. The relief sought may include both injunctive relief and damages. If

judicial enforcement is necessary, the prevailing member must be awarded all

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

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

commission may pursue any other remedies available under federal or state law.

ARTICLE XI - DATE OF IMPLEMENTATION OF THE INTERSTATE

COMMISSION FOR PHYSICAL THERAPY PRACTICE AND

ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

1. The compact comes into effect on the date on which 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

promulgation 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 after the commission's initial adoption of the rules is

subject to the rules as they exist on the date on which 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

same.

a. A member state's withdrawal does not take effect until six months after enactment

of the repealing statute.

b. Withdrawal does not affect the continuing requirement of the withdrawing state's

physical therapy licensing board to comply with the investigative and adverse

action reporting requirements of this compact before the effective date of

withdrawal.

4. This compact may not be construed to invalidate or prevent any physical 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 upon any member state until it is enacted into

the laws of all member states.

ARTICLE XII - CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed so as 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 party state or of the United

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

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

compact to any government, agency, person, or circumstance is not affected thereby. If this

compact is held contrary to the constitution of any party state, the compact remains in full force

and effect as to the remaining party states and in full force and effect as to the party state

affected as to all severable matters.
N.D. Cent. Code § 43-10.1-06.3 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-06.3
43-10.1-06.3. Investigations and subpoenas
Status: in_force

43-10.1-06.3. Investigations and subpoenas

1. The commissioner in the commissioner's discretion:

a. May make such public or private investigation within or outside this state as the

commissioner deems necessary to determine whether any person has violated or

is about to violate any provision of this chapter or any rule or order hereunder, or

to aid in the enforcement of this chapter or in the prescribing of rules and forms

hereunder.

b. May require or permit any person to file a statement in writing, under oath or

otherwise as the commissioner determines, as to all the facts and circumstances

concerning the matter to be investigated.

c. May publish information concerning any violation of this chapter or any rule or

order hereunder.

2. For the purpose of any investigation or proceeding under this chapter, the

commissioner or any officer designated by the commissioner may administer oaths

and affirmations, subpoena witnesses, compel their attendance, take evidence, and

require the production of any books, papers, correspondence, memoranda,

agreements, or other documents or records which the commissioner deems relevant

or material to the inquiry.

3. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the

district court, upon application by the commissioner, may issue to the person an order

requiring that person to appear before the commissioner, or the officer designated by

the commissioner, there to produce documentary evidence if so ordered or to give

evidence touching the matter under investigation or in question. Failure to obey the

order of the court may be punished by the court as a contempt of court.

4. No person is excused from attending and testifying or from producing any document or

record before the commissioner, or in obedience to the subpoena of the commissioner

or any officer designated by the commissioner, or in any proceeding instituted by the

commissioner, on the ground that the testimony or evidence, documentary or

otherwise, required of the person may tend to incriminate that person or subject that

person to a penalty or forfeiture; but no individual may be prosecuted or subjected to

any penalty or forfeiture for or on account of any transaction, matter, or thing

concerning which the individual is compelled, after claiming the privilege against

self-incrimination, to testify or produce evidence, documentary or otherwise, except

that the individual testifying is not exempt from prosecution and punishment for perjury

or contempt committed in testifying.
N.D. Cent. Code § 43-33-03 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-03
43-33-03. Receipt required to be furnished to a person supplied with hearing instruments
Status: in_force

43-33-03. Receipt required to be furnished to a person supplied with hearing

instruments.

1. Any person who practices the fitting and sale of hearing instruments shall deliver to

each person supplied with a hearing instrument a receipt that contains the licensee's

signature, the licensee's business address, the number of the licensee's certificate, the

make and model of the hearing instrument furnished, and the full terms of the sale. If

an instrument that is not new is sold, the receipt and the instrument's container must

be clearly marked as "used" or "reconditioned" whichever is applicable, with the terms

of guarantee, if any.

2. The receipt must bear in no smaller type than the largest used in the body copy portion

the following: Any examination or representation made by a licensed hearing aid

specialist in connection with the fitting and selling of this hearing instrument is not an

examination, diagnosis, or prescription by a person licensed to practice medicine in

this state and therefore, must not be regarded as medical opinion or advice.
N.D. Cent. Code § 43-37-04.1 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-04.1
43-37-04.1. Licensing of out-of-state practitioners
Status: in_force

43-37-04.1. Licensing of out-of-state practitioners

1. The board may adopt rules establishing licensure requirements for applicants who

hold a current license in good standing to practice as an audiologist, speech-language

pathologist, or speech-language pathology assistant in a state or jurisdiction other than

this state and who are not the subject of a pending disciplinary action in any state or

jurisdiction.

2. Notwithstanding section 43-37-04, as it relates to the licensure eligibility of an

out-of-state audiologist, speech-language pathologist, or speech-language pathology

assistant, the board's rules may allow for:

a. Waiver of the examination requirement if the applicant meets the requirements

established by the board.

b. Consideration of education and experience in order to meet the education

requirements.
N.D. Cent. Code § 43-02.2-14 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-14
43-02.2-14. Criminal penalties
Status: in_force

43-02.2-14. Criminal penalties

1. If by reason of an investigation, the board has reason to believe that any person or

firm has knowingly engaged in acts or practices that constitute a violation of this

chapter, the board may bring its information to the attention of a state's attorney or the

attorney general or other appropriate law enforcement officer who may cause

appropriate criminal proceedings to be brought.

2. Any person or firm who knowingly violates any provision of section 43-02.2-12 is guilty

of a class A misdemeanor.
N.D. Cent. Code § 43-36-20 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-20
43-36-20. Code of ethics
Status: in_force

43-36-20. Code of ethics

The board shall cause to have prepared and shall adopt a code of ethics a copy of which

must be delivered to every registrant and applicant for registration under this chapter. Such

delivery constitutes due notice to all registrants. The board may revise and amend this code of

ethics from time to time and shall forthwith notify each registrant in writing of such revisions and

amendments. Such code of ethics when adopted applies to all certificate holders.
N.D. Cent. Code § 43-15.3-08 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-08
43-15.3-08. Prohibited acts - Penalty
Status: in_force

43-15.3-08. Prohibited acts - Penalty

1. Except as otherwise provided under section 43-15.3-09, it is a class B misdemeanor

for a person to perform or cause the performance of or aid and abet any of the

following acts in this state:

a. Failing to obtain a license under this chapter or operating without a valid license

when a license is required by this chapter.

b. If the requirements of subsection 1 of section 43-15.3-05 are applicable and are

not met, purchasing or otherwise receiving a prescription drug, medical gas, or

medical equipment from a pharmacy.

c. If a state license is required under subsection 2 of section 43-15.3-05, selling,

distributing, or transferring a prescription drug, medical gas, or medical

equipment to a person that is not authorized under the law of the jurisdiction in

which the person receives the prescription drug, medical gas, or medical

equipment to receive the prescription drug, medical gas, or medical equipment.

d. Failing to deliver prescription drugs, medical gases, or medical equipment to

specified premises, as required by subsection 3 of section 43-15.3-05.

e. Accepting payment or credit for the sale of prescription drugs, medical gases, or

medical equipment in violation of subsection 5 of section 43-15.3-05.

f. Failing to maintain or provide pedigrees as required by this chapter.

g. Failing to obtain, pass, or authenticate a pedigree, as required by this chapter.

h. Providing the board or any of the board's representatives or any federal official

with false or fraudulent records or making false or fraudulent statements

regarding any matter within the provisions of this chapter.

i. Obtaining or attempting to obtain a prescription drug, medical gas, or medical

equipment by fraud, deceit, misrepresentation, or engaging in misrepresentation

or fraud in the distribution of a prescription drug, medical gas, or medical

equipment.

j. Except for the wholesale distribution by manufacturers of a prescription drug,

medical gas, or medical equipment that has been delivered into commerce

pursuant to an application approved under federal law by the federal food and

drug administration, manufacturing, repacking, selling, transferring, delivering,

holding, or offering for sale any prescription drug, medical gas, or medical

equipment that is adulterated, misbranded, counterfeit, suspected of being

counterfeit, or has otherwise been rendered unfit for distribution.

k. Except for the wholesale distribution by a manufacturer of a prescription drug,

medical gas, or medical equipment that has been delivered into commerce under

an application approved under federal law by the federal food and drug

administration, adulterating, misbranding, or counterfeiting any prescription drug,

medical gas, or medical equipment.

l. Receiving any prescription drug, medical gas, or medical equipment that is

adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or

suspected of being counterfeit, and the delivery or proffered delivery of such

drug, gas, or equipment for pay or otherwise.

m. Altering, mutilating, destroying, obliterating, or removing the whole or any part of

the labeling of a prescription drug, medical gas, or medical equipment or the

commission of any other act with respect to a prescription drug, medical gas, or

medical equipment which results in the prescription drug, medical gas, or medical

equipment being misbranded.

2. The prohibited acts in subsection 1 do not include a prescription drug, medical gas, or

medical equipment manufacturer or agent of a prescription drug, medical gas, or

medical equipment manufacturer obtaining or attempting to obtain a prescription drug,

medical gas, or medical equipment for the sole purpose of testing the prescription

drug, medical gas, or medical equipment for authenticity.

3. a. For purposes of this subsection:

(1) "Contract pharmacy" means a pharmacy that has a contract with a covered

entity to receive and dispense drugs to the covered entity's patients on its

behalf.

(2) "Covered entity" means an entity participating or authorized to participate in

a federal drug discount program under 42 U.S.C. 256b.

(3) "Drug" means a drug purchased under reduced pricing under section 340B

of the federal Public Health Service Act [42 U.S.C. 201 et seq.] by a covered

entity.

b. Except as otherwise provided under section 43-15.3-09, it is a class B

misdemeanor for a manufacturer, an agent or affiliate of that manufacturer, virtual

manufacturer, or third-party logistics provider of a manufacturer's drugs, to:

(1) Directly or indirectly deny, restrict, prohibit, or otherwise interfere with the

acquisition of a drug by a contract pharmacy on behalf of a covered entity

unless receipt of the drug is prohibited by federal law.

(2) Prohibit a contract pharmacy from dispensing a drug by denying access to

the drug.

(3) Require a covered entity or contract pharmacy to submit any claims,

encounter, or utilization data as a condition for acquiring or receiving a drug,

unless the claims, encounter, or utilization data sharing is required by

federal law.

(4) Interfere with the ability of a covered entity or contract pharmacy to dispense

a drug to an eligible patient of the covered entity.

(5) Offer or otherwise make available a drug in the form of a rebate, unless in

the form of a discount at the time of sale and authorized under federal law.

c. This subsection does not apply to the limited distribution of a drug as required

under 21 U.S.C. 355-1.
N.D. Cent. Code § 43-10-06.3 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-06.3
43-10-06.3. Information seminars
Status: in_force

43-10-06.3. Information seminars

The board may conduct information seminars.
N.D. Cent. Code § 43-20-01.1 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-01.1
43-20-01.1. Definitions
Status: in_force

43-20-01.1. Definitions

As used in this chapter and chapter 43-28, unless the context otherwise requires:

1. "Dental anesthesia assistant" means an individual authorized to perform anesthesia-

related duties under the supervision of a dentist established by rule and does not

include individuals issued a permit by the board for the application of local anesthetic,

such as block or infiltration anesthesia.

2. "Dental assistant" means an individual who provides dental assistance under the

supervision of a dentist and within the scope of practice established by rule and

section 43-20-13.

3. "Dental hygienist" means an individual licensed to practice dental hygiene.

4. "Qualified dental assistant" means an individual registered as a qualified dental

assistant to provide dental assistance as established by rule.

5. "Qualified dental assistant limited radiology registrant" means an individual registered

with the board as a qualified dental assistant limited radiology registrant who may

carry out dental assisting duties, including taking radiographs, under the supervision of

a dentist as established by rule.

6. "Registered dental assistant" means an individual registered as a registered dental

assistant to provide dental assistance as established by rule.
N.D. Cent. Code § 43-02.2-03 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-03
43-02.2-03. State board of accountancy
Status: in_force

43-02.2-03. State board of accountancy

1. The state board of accountancy consists of five members appointed by the governor.

Four members of the board must be residents of this state who hold certified public

accountant certificates issued under the laws of this state and one member of the

board must be a resident of this state who is a licensed public accountant under the

laws of this state. When the number of licensed public accountants in this state drops

below twenty-five, the licensed public accountant member requirement ceases to

apply, except that the licensed public accountant then serving on the board may

complete that term of office and thereafter the board shall consist of five certified public

accountants. The terms of office must be arranged so that only one term expires each

year on June thirtieth. Successor board member appointments are for terms of five

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

civil officers and shall hold office until a successor is appointed and qualified. A

vacancy on the board must be filled by appointment by the governor from a list of at

least three nominees submitted by the appropriate nominating committee. Any

member of the board whose certificate is revoked or suspended automatically ceases

to be a member of the board. The governor may remove any member of the board for

neglect of duty or other just cause after a hearing. No person who has served two

complete terms is eligible for reappointment, but appointment to fill an unexpired term

may not be considered a complete term for this purpose.

2. At its first meeting after June thirtieth in each year, the board shall organize by electing

one of its members as president, one as secretary, and one as treasurer. The offices of

secretary and treasurer may be held by one person. A majority of the board constitutes

a quorum.

3. A member of the board is entitled to compensation in an amount to be fixed by the

board for each day or portion of a day spent in the discharge of duties, mileage as

provided under section 54-06-09, and reimbursement for actual and necessary

expenses incurred in the discharge of official duties.

4. All expenses incident to examinations under this chapter, expenses of preparing and

issuing certificates and permits, travel expenses and other allowable expenses of the

members of the board, and stationery, printing, clerk hiring, and other office expenses

must be paid by the board from the fees collected by it, and no expense incurred

under this chapter may be a charge against the funds of this state. Funds administered

by the board may not revert to the state general fund.

5. The board has the following powers:

a. To administer oaths to all applicants or persons appearing before it in respect to

investigations, examinations, or the issuance of certified public accountant

certificates.

b. To conduct investigations and examinations and issue certificates to properly

qualified applicants and permits to properly qualified firms.

c. To determine the qualifications of all applicants.

d. To employ and establish the salary of an executive director and such other

personnel as it deems necessary in administration and enforcement of this

chapter. The board may appoint committees or persons, including counsel, to

advise or assist the board.

e. To take all action that is necessary and proper to effectuate the purposes of this

chapter, including the power to sue and be sued in its official name as an agency

of this state, to issue subpoenas to compel the attendance of witnesses and the

production of documents, to administer oaths, to take testimony, to cooperate

with appropriate authorities in other states in investigations and enforcement

concerning violations of this chapter and comparable laws of other states, and to

receive evidence concerning all matters within its jurisdiction. In case of

disobedience of a subpoena, the board may invoke the aid of any court in

requiring the attendance and testimony of witnesses and the production of

documentary evidence. The board, its members, and its agents are immune from

personal liability for actions taken in good faith in the discharge of the board's

responsibilities.

f. The board may adopt rules governing its administration and enforcement of this

chapter and the conduct of licensees, including:

(1) Rules governing the board's meetings and the conduct of its business;

(2) Rules of procedure governing the conduct of investigations and hearings;

(3) Rules specifying the educational and experience qualifications required for

the issuance of certificates under this chapter and the continuing education

required for renewal of certificates and licenses;

(4) Rules of conduct including rules relating to independence, integrity, and

objectivity; competence and technical standards; responsibilities to the

public; and responsibilities to clients;

(5) Rules specifying actions and circumstances that must be deemed to

constitute holding oneself out as a licensee in connection with the practice

of public accountancy;

(6) Rules governing the manner and circumstances of use of the titles "certified

public accountant", "CPA", "licensed public accountant", and "LPA";

(7) Rules concerning substantial equivalency;

(8) Rules regarding practice reviews that may be required to be performed

under this chapter; and

(9) Other rules the board deems necessary or appropriate for implementing this

chapter.
N.D. Cent. Code § 43-03-01 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-01
43-03-01. Definitions
Status: in_force

43-03-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Architect" means an individual who is registered as an architect under this chapter.

2. "Board" means the state board of architecture and landscape architecture.

3. "Landscape architect" means an individual who is registered as a landscape architect

under this chapter.

4. "Landscape architecture" does not include the practice of engineering and practice of

professional engineering as defined under section 43-19.1-02.

5. "Practice of architecture" means rendering or offering to render service to clients

generally, including any one or any combination of the following practices or

professional services: advice, consultation, planning, architectural design, drawings,

and specifications; and general administration of the contract as the owner's

representative during the construction phase in which expert knowledge and skill are

required in connection with the erection, enlargement, or alteration of any building, or

the equipment, or utilities thereof, or the accessories thereto if the safeguarding of the

public health, safety, or welfare is concerned or involved. The term includes the

making of architectural plans and specifications for buildings.

6. "Practice of landscape architecture" means rendering or offering to render service to

clients generally, including any one or any combination of the following practices or

professional services: advice, consultation, planning, landscape architectural design,

drawings, and specifications; and general administration of the contract as the owner's

representative during the construction phase in which expert knowledge and skill are

required in connection with landscape enhancement or landscape development,

including the formulation of graphic or written criteria to govern the planning or design

of land construction projects, production of overall site plans, landscape grading, and

landscape drainage plans, planting plans, irrigation plans, and construction details if

the safeguarding of the public health, safety, or welfare is concerned or involved.
N.D. Cent. Code § 43-17-20 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-20
43-17-20. Examinations - How conducted - Subjects
Status: repealed

43-17-20. Examinations - How conducted - Subjects

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-23.3-21 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-21
43-23.3-21. Disposition of fees
Status: in_force

43-23.3-21. Disposition of fees

The board, or its designated representative, shall deposit all fees collected by the board in a

separate account. Disbursements from the account may not exceed the moneys credited to it.

The board's designated representative shall review and pay appropriate charges against the

account for services provided to the board.
N.D. Cent. Code § 43-29-10 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-10
43-29-10. Display of license and certificate
Status: repealed

43-29-10. Display of license and certificate

Repealed by S.L. 2025, ch. 397, § 30.
N.D. Cent. Code § 43-15.1-07 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-07
43-15.1-07. Adoption of rules
Status: in_force

43-15.1-07. Adoption of rules

Every rule adopted by the board with respect to implementation of this chapter must

conform to the wholesale drug distributor licensing guidelines formally adopted by the United

States food and drug administration. In case of conflict between a rule adopted by the board

and a guideline of the food and drug administration, the guideline controls.
N.D. Cent. Code § 43-10-14 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-14
43-10-14. License by reciprocity
Status: in_force

43-10-14. License by reciprocity

A licenseholder in good standing in another jurisdiction that imposes requirements for

licensure which are at least as stringent as the requirements of this state may be issued a

license after passing a written examination on questions concerning laws and rules of this state,

upon payment of a fee established by the board, and proof of good moral character.
N.D. Cent. Code § 43-33-19 — ND Code / Title 43 / Chapter 43-33 / Section 43-33-19
43-33-19. Severability clause
Status: repealed

43-33-19. Severability clause

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 43-28-27 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-27
43-28-27. Fees
Status: in_force

43-28-27. Fees

All license fees, registration fees, and other fees authorized to be assessed and collected

by the board must be established by rules adopted by the board.
N.D. Cent. Code § 43-48-04 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-04
43-48-04. Powers and duties of the board
Status: in_force

43-48-04. Powers and duties of the board

In order to enforce and administer this chapter, the board shall:

1. Maintain an office to conduct business.

2. Conduct or approve licensing or certification examinations for entry into clinical

laboratory practice as authorized under this chapter.

3. Issue and renew a license to any person who currently meets the qualifications in the

category for which license is sought.

4. Establish fees and receive all moneys collected under this chapter.

5. Issue subpoenas, examine witnesses, administer oaths, and investigate allegations of

practices violating the provisions of this chapter.

6. Discipline licensees as necessary, which may include reprimand of the licensee,

probation, denial, suspension or revocation of license.

7. Adopt rules pursuant to chapter 28-32, necessary for the implementation of this

chapter, including rules relating to professional licensure and to the establishment of

standards of practice for persons holding a license to practice clinical laboratory

testing in this state. The rules must specifically address the special needs of rural

hospitals and clinics with regard to laboratory personnel.

8. Employ an executive director and such other professional and secretarial staff as may

be necessary.

9. Authorize all expenditures necessary for conducting the business of the board. Any

balance of fees and other moneys received by the board after payment of

expenditures is to be used in administering the provisions of this chapter.

10. Establish or approve criteria for the continuing education of clinical laboratory

personnel as it may deem reasonably appropriate as a prerequisite to the renewal of

any license provided for in this chapter, so long as such requirements are uniform as

to application, and are reasonably related to the measurement of qualification,

performance, or competence desirable and necessary for the protection of the public

health.
N.D. Cent. Code § 43-15-02 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-02
43-15-02. Exemptions
Status: in_force

43-15-02. Exemptions

The provisions of this chapter shall not apply to the following:

1. A duly licensed practitioner of medicine supplying the practitioner's own patients with

such remedies as the practitioner may desire.

2. The exclusive wholesale business of any dealer.

3. The keeping for sale and sale by general dealers of proprietary medicines in original

packages and such simple household remedies as from time to time may be approved

for such sale by the board.

4. Registered or copyrighted proprietary medicines.

5. The manufacture of proprietary remedies or the sale of the same in original packages

by other than pharmacists.

6. A veterinary dispensing technician operating within a veterinary retail facility.

7. An individual licensed as a registered nurse under chapter 43-12.1, in the course of

dispensing oral contraceptive pills, transdermal contraceptive patches, and vaginal

contraceptive rings, pursuant to an order of an authorized prescriber, in the course of

working in a Title X clinic.
N.D. Cent. Code § 43-31-11 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-11
43-31-11. Notice and hearing on license revocation
Status: in_force

43-31-11. Notice and hearing on license revocation

The attorney general may, upon the attorney general's own motion, and shall, upon the

verified complaint in writing of any person setting forth facts which, if proven, would constitute

grounds for refusal, suspension, or revocation, as herein set forth, investigate the actions of any

person holding or claiming to hold a license. The attorney general shall, before refusing to issue,

suspending, or revoking any license, at least ten days prior to the date set for the hearing notify

in writing the applicant or holder of such license of any charges made and shall afford such

accused person an opportunity to be heard in person or by counsel in reference thereto. Such

written notice may be served by delivery of the same personally to the accused person, or by

mailing the same by registered mail to the place of business last theretofore specified by the

accused person in the person's last notification to the attorney general. At the time and place

fixed in the notice, the attorney general shall proceed to hearing of the charges and both the

accused person and the complainant must be accorded ample opportunity to present in person

or by counsel such statements, testimony, evidence, and argument as may be pertinent to the

charges or to any defense thereto. The attorney general may continue such hearing from time to

time.
N.D. Cent. Code § 43-47.1-01 — ND Code / Title 43 / Chapter 43-47.1 / Section 43-47.1-01
43-47.1-01. Counseling compact
Status: in_force

43-47.1-01. Counseling compact

ARTICLE I - PURPOSE

1. The purpose of this compact is to facilitate interstate practice of licensed professional

counselors with the goal of improving public access to professional counseling

services.

2. The practice of professional counseling occurs in the state where the client is located

at the time of the counseling services. The compact preserves the regulatory authority

of states to protect public health and safety through the current system of state

licensure.

3. This compact is designed to:

a. Increase public access to professional counseling services by providing for the

mutual recognition of other member state licenses;

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

c. Encourage the cooperation of member states in regulating multistate practice for

licensed professional counselors;

d. Support spouses of relocating active duty military personnel;

e. Enhance the exchange of licensure, investigative, and disciplinary information

among member states;

f. Allow for the use of telehealth technology to facilitate increased access to

professional counseling services;

g. Support the uniformity of professional counseling licensure requirements

throughout the states to promote public safety and public health benefits;

h. Invest all member states with the authority to hold a licensed professional

counselor accountable for meeting all state practice laws in the state in which the

client is located at the time care is rendered through the mutual recognition of

member state licenses;

i. Eliminate the necessity for licenses in multiple states; and

j. Provide opportunities for interstate practice by licensed professional counselors

who meet uniform licensure requirements.

ARTICLE II - DEFINITIONS

As used in this chapter, and except as otherwise provided, the following definitions apply:

1. "Active duty military" means full-time duty status in the active uniformed service of the

United States of America, including members of the national guard and reserve on

active duty orders pursuant to 10 U.S.C. chapters 1209 and 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 a

licensed professional counselor, including actions against an individual's license or

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

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

affecting a licensed professional counselor's authorization to practice, including

issuance of a cease and desist action.

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

process approved by a professional counseling licensing board to address impaired

practitioners.

4. "Continuing competence and education" means a requirement, as a condition of

license renewal, to provide evidence of participation in, and completion of, educational

and professional activities relevant to practice or area of work.

5. "Counseling compact commission" or "commission" means the national administrative

body which membership consists of all states that have enacted the compact.

6. "Current significant investigative information" means:

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

includes notification and an opportunity for the licensed professional counselor to

respond, if required by state law, has reason to believe is not groundless and, if

proved true, would indicate more than a minor infraction; or

b. Investigative information that indicates the licensed professional counselor

represents an immediate threat to public health and safety regardless of whether

the licensed professional counselor has been notified and had an opportunity to

respond.

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

education, examination, licensure, investigative, privilege to practice, and adverse

action information.

8. "Encumbered license" means a license in which an adverse action restricts the

practice of licensed professional counseling by the licensee and the adverse action

has been reported to the national practitioner data bank.

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

unrestricted practice of licensed professional counseling by a licensing board.

10. "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.

11. "Home state" means the member state that is the licensee's primary state of

residence.

12. "Impaired practitioner" means an individual who has a condition that may impair the

individual's ability to practice as a licensed professional counselor without some type

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

impairment, and neurological or physical impairments.

13. "Investigative information" means information, records, and documents received or

generated by a professional counseling licensing board pursuant to an investigation.

14. "Jurisprudence requirement", if required by a member state, means the assessment of

an individual's knowledge of the laws and rules governing the practice of professional

counseling in a state.

15. "Licensed professional counselor" means a counselor licensed by a member state,

regardless of the title used by that state, to independently assess, diagnose, and treat

behavioral health conditions.

16. "Licensee" means an individual who currently holds an authorization from the state to

practice as a licensed professional counselor.

17. "Licensing board" means the agency of a state, or equivalent, responsible for the

licensing and regulation of licensed professional counselors.

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

19. "Privilege to practice" means a legal authorization, which is equivalent to a license,

permitting the practice of professional counseling in a remote state.

20. "Professional counseling" means the assessment, diagnosis, and treatment of

behavioral health conditions by a licensed professional counselor.

21. "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the privilege to practice.

22. "Rule" means a regulation promulgated by the commission which has the force of law.

23. "Single state license" means a licensed professional counselor license issued by a

member state which authorizes practice only within the issuing state and does not

include a privilege to practice in any other member state.

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

America which regulates the practice of professional counseling.

25. "Telehealth" means the application of telecommunication technology to deliver

professional counseling services remotely to assess, diagnose, and treat behavioral

health conditions.

26. "Unencumbered license" means a license that authorizes a licensed professional

counselor to engage in the full and unrestricted practice of professional counseling.

ARTICLE III - STATE PARTICIPATION IN THE COMPACT

1. To participate in the compact, a state currently:

a. Shall license and regulate licensed professional counselors;

b. Shall require licensees to pass a nationally recognized exam approved by the

commission;

c. Shall require licensees to have a sixty semester-hour, or ninety quarter-hour,

master's degree in counseling or sixty semester-hours, or ninety quarter-hours, of

graduate course work, including the following topic areas:

(1) Professional counseling orientation and ethical practice;

(2) Social and cultural diversity;

(3) Human growth and development;

(4) Career development;

(5) Counseling and helping relationships;

(6) Group counseling and group work;

(7) Diagnosis and treatment; assessment and testing;

(8) Research and program evaluation; and

(9) Other areas as determined by the commission;

d. Shall require licensees to complete a supervised postgraduate professional

experience as defined by the commission; and

e. Must have a mechanism in place for receiving and investigating complaints about

licensees.

2. A member state shall:

a. Participate fully in the commission's data system, including using the

commission's unique identifier as defined in rules;

b. Notify the commission, in compliance with the terms of the compact and rules, of

any adverse action or the availability of investigative information regarding a

licensee;

c. Implement or use procedures for considering the criminal history records of

applicants for an initial privilege to practice. These procedures must include the

submission of fingerprints or other biometric-based information by applicants for

the purpose of obtaining an applicant's criminal history record information from

the federal bureau of investigation and the agency responsible for retaining that

state's criminal records;

(1) A member state shall implement fully a criminal background check

requirement, within a time frame established by rule, by receiving the results

of the federal bureau of investigation record search and shall use the results

in making licensure decisions.

(2) Communication between a member state, the commission, and among

member states regarding the verification of eligibility for licensure through

the compact may not include any information received from the federal

bureau of investigation relating to a federal criminal records check

performed by a member state under Public Law No. 92-544.

d. Comply with the rules of the commission;

e. Require an applicant to obtain or retain a license in the home state and meet the

home state's qualifications for licensure or renewal of licensure, as well as all

other applicable state laws;

f. Grant the privilege to practice to a licensee holding a valid unencumbered license

in another member state in accordance with the terms of the compact and rules;

and

g. Provide for the attendance of the state's commissioner at the counseling compact

commission meetings.

3. Member states may charge a fee for granting the privilege to practice.

4. Individuals not residing in a member state shall continue to be able to apply for a

member state's single state license as provided under the laws of each member state;

however, the single state license granted to these individuals may not be recognized

as granting a privilege to practice professional counseling in any other member state.

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

issuance of a single state license.

6. A license issued to a licensed professional counselor by a home state to a resident in

that state must be recognized by each member state as authorizing a licensed

professional counselor to practice professional counseling, under a privilege to

practice, in each member state.

ARTICLE IV - PRIVILEGE TO PRACTICE

1. To exercise the privilege to practice under the terms and provisions of the compact,

the licensee:

a. Shall hold a license in the home state;

b. Must have a valid United States social security number or national practitioner

identifier;

c. Must be eligible for a privilege to practice in any member state in accordance with

subsections 4, 7, and 8;

d. May not have not had any encumbrance or restriction against any license or

privilege to practice within the previous two years;

e. Shall notify the commission that the licensee is seeking the privilege to practice

within a remote state;

f. Shall pay any applicable fees, including any state fee, for the privilege to practice;

g. Shall meet any continuing competence and education requirements established

by the home state;

h. Shall meet any jurisprudence requirements established by the remote state in

which the licensee is seeking a privilege to practice; and

i. Shall report to the commission any adverse action, encumbrance, or restriction

on license taken by any nonmember state within thirty days from the date the

action is taken.

2. The privilege to practice is valid until the expiration date of the home state license. The

licensee shall comply with the requirements of subsection 1 to maintain the privilege to

practice in the remote state.

3. A licensee providing professional counseling in a remote state under the privilege to

practice shall adhere to the laws and regulations of the remote state.

4. A licensee providing professional counseling services in a remote state is subject to

that state's regulatory authority. In accordance with due process and that state's laws,

a remote state may remove a licensee's privilege to practice in the remote state for a

specific period of time, impose fines, and take any other necessary actions to protect

the health and safety of its citizens. The licensee may be ineligible for a privilege to

practice in any member state until the specific time for removal has passed and all

fines are paid.

5. If a home state license is encumbered, the licensee shall lose the privilege to practice

in any remote state until the following occur:

a. The home state license is no longer encumbered; and

b. The licensee has not had any encumbrance or restriction against any license or

privilege to practice within the previous two years.

6. Once an encumbered license in the home state is restored to good standing, the

licensee shall meet the requirements of subsection 1 to obtain a privilege to practice in

any remote state.

7. If a licensee's privilege to practice in any remote state is removed, the individual may

lose the privilege to practice in all other remote states until the following occur:

a. The specific period of time for which the privilege to practice was removed has

ended;

b. All fines have been paid; and

c. The licensee has not had any encumbrance or restriction against any license or

privilege to practice within the previous two years.

8. Once the requirements of subsection 7 have been met, the licensee shall meet the

requirements in subsection 1 to obtain a privilege to practice in a remote state.

ARTICLE V - OBTAINING A NEW HOME STATE LICENSE

BASED ON A PRIVILEGE TO PRACTICE

1. A licensed professional counselor may hold a home state license, which allows for a

privilege to practice in other member states, in only one member state at a time.

2. If a licensed professional counselor changes primary state of residence by moving

between two member states:

a. The licensed professional counselor shall file an application for obtaining a new

home state license based on a privilege to practice, 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

a privilege to practice, the new home state shall verify that the licensed

professional counselor meets the pertinent criteria outlined in article IV via 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 No. 92-544;

(2) A criminal background check as required by the new home state; and

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

state.

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

privilege to practice 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 licensed professional

counselor cannot meet the criteria in article IV, the new home state may apply its

requirements for issuing a new single state license.

e. The licensed professional counselor shall pay all applicable fees to the new home

state to be issued a new home state license.

3. If a licensed professional counselor 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 must apply for issuance of a single state license in the new

state.

4. This compact may not interfere with a licensee's ability to hold a single state license in

multiple states; however, for the purposes of this compact, a licensee must have only

one home state license.

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

issuance of a single state license.

ARTICLE VI - ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active duty military personnel, or their spouse, shall designate a home state where the

individual has a current license in good standing. The individual may retain the home state

designation during the period the service member is on active duty. Subsequent to designating

a home state, the individual shall change only the individual's home state through application for

licensure in the new state, or through the process outlined in article V.

ARTICLE VII - COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

1. Member states shall recognize the right of a licensed professional counselor, licensed

by a home state in accordance with article III and under rules promulgated by the

commission, to practice professional counseling in any member state via telehealth

under a privilege to practice as provided in the compact and rules promulgated by the

commission.

2. A licensee providing professional counseling services in a remote state under the

privilege to practice shall adhere to the laws and regulations of the remote state.

ARTICLE VIII - ADVERSE ACTIONS

1. In addition to the other powers conferred by state law, a remote state must have the

authority, in accordance with existing state due process law, to:

a. Take adverse action against a licensed professional counselor's privilege to

practice within that member state; and

b. Issue subpoenas for both hearings and investigations that require the attendance

and testimony of witnesses as well as the production of evidence. Subpoenas

issued by a licensing board in a member state for the attendance and testimony

of witnesses or the production of evidence from another member state must be

enforced in the latter state by any court of competent jurisdiction, according to the

practice and procedure of that court applicable to subpoenas issued in

proceedings pending before the court. The issuing authority shall pay any witness

fees, travel expenses, mileage, and other fees required by the service statutes of

the state in which the witnesses or evidence are located.

2. Only the home state has the power to take adverse action against a licensed

professional counselor's license issued by the home state.

3. For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as the home state would if

the conduct had occurred within the home state. In so doing, the home state shall

apply its state laws to determine appropriate action.

4. The home state shall complete any pending investigations of a licensed professional

counselor who changes primary state of residence during the course of the

investigations. The home state also has the authority to take appropriate action and

promptly shall report the conclusions of the investigations to the administrator of the

data system. The administrator of the coordinated licensure information system

promptly shall notify the new home state of any adverse actions.

5. A member state, if otherwise permitted by state law, may recover from the affected

licensed professional counselor the costs of investigations and dispositions of cases

resulting from any adverse action taken against that licensed professional counselor.

6. A member state may take adverse action based on the factual findings of the remote

state, provided that the member state follows its procedures for taking the adverse

action.

7. Joint investigations:

a. In addition to the authority granted to a member state by its respective

professional counseling practice act or other applicable state law, any member

state may participate with other member states in joint investigations of licensees.

b. Member states shall share any investigative, litigation, or compliance materials in

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

8. If adverse action is taken by the home state against the license of a licensed

professional counselor, the licensed professional counselor's privilege to practice in all

other member states must be deactivated until all encumbrances have been removed

from the state license. All home state disciplinary orders that impose adverse action

against the license of a licensed professional counselor must include a statement that

the licensed professional counselor's privilege to practice is deactivated in all member

states during the pendency of the order.

9. If a member state takes adverse action, the member state promptly shall notify the

administrator of the data system. The administrator of the data system promptly shall

notify the home state of any adverse actions by remote states.

10. This compact does not override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

ARTICLE IX - ESTABLISHMENT OF COUNSELING COMPACT COMMISSION

1. The compact member states hereby create and establish a joint public agency known

as the counseling compact commission.

a. The commission is an instrumentality of the compact states.

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

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

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

and jurisdictional defenses to the extent the commission adopts or consents to

participate in alternative dispute resolution proceedings.

c. This compact may not be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

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

member state's licensing board.

b. The delegate must be either:

(1) A current member of the licensing board at the time of appointment, who is a

licensed professional counselor or public member; or

(2) An administrator of the licensing board.

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

of the state from which the delegate is appointed.

d. The member state licensing board shall fill any vacancy occurring on the

commission within sixty days.

e. Each delegate is entitled to one vote with regard to the promulgation of rules and

creation of bylaws and otherwise must have an opportunity to participate in the

business and affairs of the commission.

f. A delegate shall vote in person or by such other means as provided in the bylaws.

The bylaws may provide for delegates' participation in meetings by telephone or

other means of communication.

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

meetings must be held as set forth in the bylaws.

h. The commission shall establish by rule a term of office for delegates and may by

rule establish term limits.

3. The commission has the following powers and duties to:

a. Establish the fiscal year of the commission;

b. Establish bylaws;

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

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

and the bylaws;

e. Promulgate rules that are binding to the extent and in the manner provided for in

the compact;

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

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

applicable law must not be affected;

g. Purchase and maintain insurance and bonds;

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

member state;

i. Hire employees, elect or appoint officers, fix compensation, define duties, grant

the individuals appropriate authority to carry out the purposes of the compact,

and establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters;

j. Accept any and all appropriate donations and grants of money, equipment,

supplies, materials, and services, and to receive, utilize, and dispose of the same;

provided that at all times the commission shall avoid any appearance of

impropriety or conflict of interest, or both;

k. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve, or use, any property, real, personal, or mixed; provided that at all

times the commission shall avoid any appearance of impropriety;

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

of any property, real, personal, or mixed;

m. Establish a budget and make expenditures;

n. Borrow money;

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

regulators, state legislators or their representatives, and consumer

representatives, and such other interested persons as may be designated in this

compact and the bylaws;

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

agencies;

q. Establish and elect an executive committee; and

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

purposes of this compact consistent with the state regulation of professional

counseling licensure and practice.

4. The executive committee.

a. The executive committee has the power to act on behalf of the commission

according to the terms of this compact.

b. The executive committee is composed of up to eleven members, including:

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

membership of the commission; and

(2) Up to four ex-officio, nonvoting members from four recognized national

professional counselor organizations.

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

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

provided in bylaws.

e. The executive committee shall meet at least annually.

f. The executive committee has the following duties and responsibilities to:

(1) Recommend to the entire commission changes to the rules or bylaws,

changes to this compact legislation, fees paid by compact member states

such as annual dues, and any commission compact fee charged to

licensees for the privilege to practice;

(2) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(3) Prepare and recommend the budget;

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

(5) Monitor compact compliance of member states and provide compliance

reports to the commission;

(6) Establish additional committees as necessary; and

(7) Execute other duties as provided in rules or bylaws.

5. Meetings of the commission.

a. All meetings must be open to the public, and public notice of meetings must be

given in the same manner as required under the rulemaking provisions in

article XI.

b. The commission or the executive committee or other committees of the

commission may convene in a closed, nonpublic meeting if the commission or

executive committee or other committees of the commission must discuss:

(1) Noncompliance of a member state with its obligations under the compact;

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

procedures related to specific employees, or other matters related to the

commission's internal personnel practices and procedures;

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

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

or real estate;

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

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

privileged or confidential;

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

constitute a clearly unwarranted invasion of personal privacy;

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

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

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

responsibility of investigation or determination of compliance issues

pursuant to the compact; or

(10) Matters specifically exempted from disclosure by federal or member state

statute.

c. If a meeting, or portion of a meeting, is closed pursuant to this subsection, the

commission's legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision.

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

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons therefore, including a description of the views expressed.

All documents considered in connection with an action must be identified in the

minutes. All minutes and documents of a closed meeting must remain under seal,

subject to release by a majority vote of the commission or order of a court of

competent jurisdiction.

6. Financing of the commission.

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

expenses of its establishment, organization, and ongoing activities.

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

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

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

state or impose fees on other parties to cover the cost of the operations and

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

sufficient to cover its annual budget as approved each year for which revenue is

not provided by other sources. The aggregate annual assessment amount must

be allocated based upon a formula to be determined by the commission, which

shall promulgate a rule binding upon all member states.

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

adequate to meet the obligations, nor may the commission pledge the credit of

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

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

The receipts and disbursements of the commission must be subject to the audit

and accounting procedures established under its bylaws; however, all receipts

and disbursements of funds handled by the commission shall be audited yearly

by a certified or licensed public accountant, and the report of the audit must be

included in and become part of the annual report of the commission.

7. Qualified immunity, defense, and indemnification.

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

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

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

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

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

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities, provided that nothing in this subdivision

may be construed to protect any such person from suit or liability, or both, for any

damage, loss, injury, or liability caused by the intentional, willful, or wanton

misconduct of that person.

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

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

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

scope of commission employment, duties, or responsibilities, or that the person

against which the claim is made had a reasonable basis for believing occurred

within the scope of commission employment, duties, or responsibilities; provided

that nothing herein may be construed to prohibit that person from retaining that

person's own counsel; and provided further, that the actual or alleged act, error,

or omission did not result from that person's intentional, willful, or wanton

misconduct.

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

executive director, employee, or representative of the commission for the amount

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

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

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

reasonable basis for believing occurred within the scope of commission

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

error, or omission did not result from the intentional, willful, or wanton misconduct

of that person.

ARTICLE X - DATA SYSTEM

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

utilization of a coordinated database and reporting system containing licensure,

adverse action, and investigative information on all licensed individuals in member

states.

2. Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is

applicable as required by the rules of the commission, including:

a. Identifying information;

b. Licensure data;

c. Adverse actions against a license or privilege to practice;

d. Nonconfidential information related to alternative program participation;

e. Any denial of application for licensure, and the reason for such denial;

f. Current significant investigative information; and

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

determined by the rules of the commission.

3. Investigative information pertaining to a licensee in any member state will only be

available to other member states.

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

against a licensee or an individual applying for a license. Adverse action information

pertaining to a licensee in any member state will be available to any other member

state.

5. Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the

contributing state.

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

expunged by the laws of the member state contributing the information must be

removed from the data system.

ARTICLE XI - RULEMAKING

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

achieve the purpose of the compact. Notwithstanding the foregoing, in the event the

commission exercises its rulemaking authority in a manner beyond the scope of the

purposes of the compact, or the powers granted under this compact, then such an

action by the commission is invalid and has no force or effect.

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

in this article and the rules adopted under this article. Rules and amendments become

binding as of the date specified in each rule or amendment.

3. If a majority of the legislatures of the member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four years

of the date of adoption of the rule, the rule has no further force and effect in any

member state.

4. Rules or amendments to the rules must be adopted at a regular or special meeting of

the commission.

5. Before promulgation and adoption of a final rule or rules by the commission, and at

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

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

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

b. On the website of each member state's professional counseling licensing board,

other publicly accessible platform, or the publication in which each state would

otherwise publish proposed rules.

6. The notice of proposed rulemaking must include:

a. The proposed time, date, and location of the meeting at which the rule will be

considered and voted upon;

b. The text of the proposed rule or amendment and the reason for the proposed

rule;

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

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

their intention to attend the public hearing and any written comments.

7. Before adoption of a proposed rule, the commission shall allow persons to submit

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

public.

8. The commission shall grant an opportunity for a public hearing before the commission

adopts a rule or amendment if a hearing is requested by:

a. At least twenty-five persons;

b. A state or federal governmental subdivision or agency; or

c. An association having at least twenty-five members.

9. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing. If the hearing is held via

electronic means, the commission shall publish the mechanism for access to the

electronic hearing.

a. All persons wishing to be heard at the hearing shall notify the executive director

of the commission or other designated member in writing of their desire to appear

and testify at the hearing not less than five business days before the scheduled

date of the hearing.

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

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

c. All hearings will be recorded. A copy of the recording will be made available on

request.

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

Rules may be grouped for the convenience of the commission at hearings

required by this article.

10. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and

oral comments received.

11. If no written notice of intent to attend the public hearing by interested parties is

received, the commission may proceed with promulgation of the proposed rule without

a public hearing.

12. By majority vote of all members, the commission shall take final action on the

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

rulemaking record and the full text of the rule.

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

adopt an emergency rule without prior notice, opportunity for comment, or hearing,

provided that the usual rulemaking procedures provided in the compact and in this

article must be retroactively applied to the rule as soon as reasonably possible, in no

event later than ninety days after the effective date of the rule. For the purposes of this

subsection, an emergency rule is one that must be adopted immediately to:

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

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

c. Meet a deadline for the promulgation of an administrative rule that is established

by federal law or rule; or

d. Protect public health and safety.

14. The commission or an authorized committee of the commission may direct revisions to

a previously adopted rule or amendment for purposes of correcting typographical

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

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

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

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

change to a rule. A challenge must be made in writing and delivered to the chair of the

commission before the end of the notice period. If no challenge is made, the revision

will take effect without further action. If the revision is challenged, the revision may not

take effect without the approval of the commission.

ARTICLE XII - 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 promulgated under this compact 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 must be entitled to receive service of process in the proceeding

and must have standing to intervene in the 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 promulgated rules.

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

obligations or responsibilities under this compact or the promulgated rules, the

commission shall:

a. Provide written notice to the defaulting state and other member states of the

nature of the default, the proposed means of curing the default or any other

action to be taken by the commission, or any combination of these requirements;

and

b. Provide remedial training and specific technical assistance regarding the default.

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

the compact upon an affirmative vote of a majority of the 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.

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

of securing compliance have been exhausted. Notice of intent to suspend or terminate

must be given by the commission to the governor, the majority and minority leaders of

the defaulting state's legislature, and each of the member states.

5. 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.

6. The commission may not pay any costs related to a state that is found to be in default

or that has been terminated from the compact, unless agreed upon in writing between

the commission and the defaulting state.

7. 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 the litigation, including reasonable attorney's fees.

8. Dispute resolution.

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

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

member and nonmember states.

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

dispute resolution for disputes as appropriate.

9. 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 promulgated rules and

bylaws. The relief sought may include both injunctive relief and damages. In the

event judicial enforcement is necessary, the prevailing member must be awarded

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

c. The remedies provided under the compact are not the exclusive remedies of the

commission. The commission may pursue any other remedies available under

federal or state law.

ARTICLE XIII - DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT

COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

1. The compact becomes effective on the date on which 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

promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking

powers necessary to implement and administer the compact.

2. Any state that joins the compact subsequent to the commission's initial adoption of the

rules must be subject to the rules existing on the date on which the compact becomes

law in that state. Any rule 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 does not affect the continuing requirement of the withdrawing state's

professional counseling licensing board to comply with the investigative and

adverse action reporting requirements of this compact before the effective date of

withdrawal.

4. This compact may not be construed to invalidate or prevent any professional

counseling 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 upon any member state until the amendment is

enacted into the laws of all member states.

ARTICLE XIV - CONSTRUCTION AND SEVERABILITY

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

The provisions of this compact must be 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 of America or the applicability thereof to any government, agency, person, or

circumstance is held invalid, the validity of the remainder of this compact and the applicability of

the compact to any government, agency, person, or circumstance may not be affected thereby.

If this compact is held contrary to the constitution of any member state, the compact must

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

affected as to all severable matters.

ARTICLE XV - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. A licensee providing professional counseling services in a remote state under the

privilege to practice shall adhere to the laws and regulations, including scope of

practice, of the remote state.

2. Nothing herein prevents the enforcement of any other law of a member state that is

not inconsistent with the compact.

3. Any laws in a member state in conflict with the compact are superseded to the extent

of the conflict.

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

promulgated by the commission, are binding upon the member states.

5. All permissible agreements between the commission and the member states are

binding in accordance with the terms of the agreements.

6. In the event any provision of the compact exceeds the constitutional limits imposed on

the legislature of any member state, the provision must be ineffective to the extent of

the conflict with the constitutional provision in question in that member state.
N.D. Cent. Code § 43-02.2-12 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-12
43-02.2-12. Unlawful acts
Status: in_force

43-02.2-12. Unlawful acts

1. A person or firm that is not a licensee or otherwise authorized to practice in this state

under subsection 1 of section 43-02.2-04.1 or subdivision b of subsection 1 of section

43-02.2-06 may not practice or offer to practice public accountancy or issue a report

on financial statements of any other person, firm, organization, or governmental unit.

Individual licensees may not practice public accountancy unless they do so within a

firm that holds a permit issued under this chapter or is otherwise exempt from the firm

permit requirement. These prohibitions do not apply to an officer, partner, or employee

of any firm or organization affixing the person's name or signature to any statement or

report in reference to the financial affairs of such firm or organization with any wording

designating the position, title, or office that the signer holds therein, does not prohibit

any act of a public official or employee in the performance of duties as such, and does

not prohibit the performance by any persons of other services involving the use of

accounting skills, including the preparation of tax returns, management advisory

services, and the preparation of financial statements without the issuance of reports

thereon. This prohibition does not apply to transactions between manufacturing and

sales organizations and their customers when accounting services accompany the

sale of products provided that such accounting services are incidental and that any

financial report made is clearly titled "unaudited financial report".

2. A person not holding a valid certificate or practice privilege issued under this chapter

may not use or assume the title or designation "certified public accountant", or the

abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign,

card, or device tending to indicate that the person is a certified public accountant.

3. A firm may not practice public accountancy or assume or use the title or designation

"certified public accountant", or the abbreviation "CPA", or any other title, designation,

words, letters, abbreviation, sign, card, or device tending to indicate that the firm is a

certified public accountant firm unless the firm holds a valid permit issued under this

chapter or is otherwise exempt from the firm permit requirement.

4. A person may not assume or use the title or designation "licensed public accountant"

or the abbreviation "LPA", or any other title, designation, words, letters, abbreviation,

sign, card, or device tending to indicate that the person is a licensed public accountant

unless the person is registered as provided in section 43-02.2-07.

5. A firm may not practice public accountancy, or assume or use the title or designation

"licensed public accountant", the abbreviation "LPA", or any other title, designation,

words, letters, abbreviation, sign, card, or device tending to indicate that the firm is a

licensed public accountant firm unless the firm holds a valid permit issued under this

chapter or is otherwise exempt from the firm permit requirement.

6. A person or firm not holding a valid certificate, license, practice privilege, or permit

issued under this chapter or otherwise exempt from the firm permit requirement may

not assume or use the title or designation "certified accountant", "chartered

accountant", "enrolled accountant", "licensed accountant", "public accountant",

"registered accountant", "accredited accountant", or any other title or designation likely

to be confused with the titles "certified public accountant" or "licensed public

accountant", or use any of the abbreviations "CA", "LA", "PA", "RA", "AA", or similar

abbreviation likely to be confused with the abbreviations "CPA" or "LPA".

7. A person or firm not holding a valid certificate, license, practice privilege, or permit

issued under this chapter or otherwise exempt from such requirement may not assume

or use any title or designation that includes the words "accountant", "auditor", or

"accounting", or other terms in any manner that implies such person or firm holds such

a certificate, license, or permit or has special competence as an accountant or auditor.

This subsection does not prohibit any officer, partner, or employee of any firm or

organization from affixing the person's name or signature to any reference to the

financial affairs of such firm or organization with any wording designating the position,

title, or office that the person holds and does not prohibit any act of a public official or

employee in the performance of duties.

8. A licensee may not use a professional or firm name or designation that is misleading.

Names of one or more former partners or shareholders may be included in the name

of a firm or its successor.

9. This section does not apply to a person or firm holding a certification, designation,

degree, or license granted in a foreign country entitling the holder to engage in the

practice of public accountancy or its equivalent in that country, whose activities in this

state are limited to the provision of professional services to persons or firms who are

residents of, governments of, or business entities of the country in which the person or

firm holds such entitlement. This subsection does not authorize issuing reports with

respect to the financial statements of any other persons, firms, or governmental units

in this state. A person or firm acting under the authority of this subsection may not use

in this state any title or designation other than the one under which the person or firm

practices in such country, followed by a translation of such title or designation into the

English language, if it is in a different language, and by the name of such country.