N.D. Cent. Code § 43-39-02 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-02
43-39-02. Board of athletic trainers
Status: in_force

43-39-02. Board of athletic trainers

1. The North Dakota board of athletic trainers shall consist of five members, comprising

one licensed physician, one layperson, and three athletic trainers. Each member must

be appointed by the governor. The members, other than the layperson, must be

appointed from lists submitted to the governor by the North Dakota athletic trainers

association for those members who are athletic trainers and from the North Dakota

medical association for the member who is a physician, for terms as provided in this

section. Each member of the board, except for the layperson, must be licensed in the

member's profession in this state and a resident of this state, must have not less than

two years' experience as a physician or athletic trainer immediately preceding

appointment, and must be actively employed in the member's profession during the

member's tenure on the board. The layperson may not be licensed in any health care

field.

2. Members must be appointed to serve four-year staggered terms to commence on July

first in the respective years of appointment and shall continue to serve until their

successors are appointed. If a vacancy occurs during a term, the governor shall

appoint a successor for the remainder of the unexpired term. No member may serve

for more than two successive four-year terms. On the initial board, one physician and

one athletic trainer must be appointed for a one-year term; the laymember and one

athletic trainer must be appointed for a two-year term; and one athletic trainer must be

appointed for a three-year term. Thereafter, their successors must be appointed for

four-year terms.

3. The board each year shall elect one of its members as chairman and one as

secretary-treasurer to the board. The board may make rules, in accordance with

chapter 28-32 and not inconsistent with law, which may be necessary for the

performance of its duties. The board may prescribe reasonable fees for application

and examinations and for certificates of licensure. License fees must be used for the

purpose of paying the costs of per diem compensation and travel reimbursement to

the board. In addition, fees and other moneys collected and received by the board

must be used for the purpose of implementing this chapter and may be used for

continuing education purposes. The financial records of the board must be audited

once every two years. The audit is to be paid for out of the funds of the board.

4. The board shall meet at least once each year. Additional meetings may be held on the

call of the chairman or at the written request of any three members of the board. Three

members constitute a quorum of the board. No action by the board or its members has

any effect unless a quorum of the board is present.

5. The athletic trainer members of the initial board are not required to be licensed for the

first one hundred eighty days of their membership on the board.
N.D. Cent. Code § 43-15-30 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-30
43-15-30. Licensed pharmacist member of North Dakota pharmaceutical association
Status: repealed

43-15-30. Licensed pharmacist member of North Dakota pharmaceutical association

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-17.1-03 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-03
43-17.1-03. Compensation
Status: repealed

43-17.1-03. Compensation

Repealed by S.L. 1999, ch. 381, § 11.
N.D. Cent. Code § 43-39-08 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-08
43-39-08. Examination required
Status: in_force

43-39-08. Examination required

All license applicants must have previously passed the board of certification, incorporated,

examination.
N.D. Cent. Code § 43-37-05 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-05
43-37-05. Board of examiners on audiology and speech-language pathology
Status: in_force

43-37-05. Board of examiners on audiology and speech-language pathology

1. The board of examiners on audiology and speech-language pathology is hereby

established.

2. The board is composed of eight members appointed by the governor. Appointees must

be residents of this state for at least one year immediately preceding appointment and,

except for the consumer member, must be engaged in rendering services to the public,

teaching, or research in audiology or speech-language pathology for at least three

years preceding appointment. Two board members must be audiologists, four must be

speech-language pathologists, one must be an otolaryngologist, and one must be a

consumer.

3. Each board member shall hold office for three years and until a successor is appointed

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

first of each year. The governor shall fill vacancies for an unexpired term. An individual

may not serve more than two successive terms.

4. The board shall meet at least twice each calendar year. Special meetings may be

convened at the call of the chairman or at the written request of any three board

members.

5. Five members of the board constitute a quorum. When an application for licensure is

received, one member of the quorum must be engaged in the profession for which a

license is sought. In the case of an application for licensure as a speech-language

pathology assistant, a speech-language pathologist must be a member of the quorum.
N.D. Cent. Code § 43-30-12 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-12
43-30-12. Disciplinary action
Status: in_force

43-30-12. Disciplinary action

The board may refuse to renew, suspend, or revoke a license, or place on probationary

status any licensee, or issue a letter of reprimand to any licensee, for any one or any

combination of the following causes:

1. Fraud in obtaining a license.

2. Violation of this chapter or rules adopted which implement section 43-30-04.

3. If the holder of any license or a member of any copartnership, an officer of any

corporation, or a manager of any limited liability company has been adjudged guilty of

the commission of an offense determined by the board to have a direct bearing upon a

holder's ability to serve the public as a private investigative or security agency, or if the

board determines that, following conviction of any offense, the holder is not sufficiently

rehabilitated under section 12.1-33-02.1.

4. Upon the disqualification or insolvency of the surety of the licenseholder.

5. Any person licensed, certified, or registered by the board pursuant to this chapter who

violates any statute or board regulation and who is not criminally prosecuted is subject

to a monetary penalty, which may be assessed at a hearing under the procedures

contained in chapter 28-32. If the board determines that a respondent is guilty of the

violation complained of, the board shall determine the amount of the monetary penalty

for the violation, which may not exceed two thousand five hundred dollars for each

violation. The penalty may be sued for and recovered in the name of the board. The

monetary penalty must be paid into the board's general fund.

The board may impose a fee on any person subject to regulation under this chapter to

reimburse the board for all or part of the costs of administrative actions resulting in disciplinary

action, including the amount paid by the board for services from the office of administrative

hearings, attorney's fees, court costs, witness fees, staff time, and other expenses.
N.D. Cent. Code § 43-26.1-05.1 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-05.1
43-26.1-05.1. Use of criminal history record checks
Status: in_force

43-26.1-05.1. Use of criminal history record checks

The board may require a physical therapy or physical therapy assistant applicant, or a

licensee under investigation, to submit to a statewide and nationwide criminal history record

check, including a fingerprint-based criminal history background check. The criminal history

record check must be conducted in the manner provided by section 12-60-24. The criminal

history record check is an exempt record but may not be disseminated by the board to the

physical therapy compact commission or a similar entity. All costs associated with a criminal

history record check performed under this section are the responsibility of the applicant or

licensee.
N.D. Cent. Code § 43-04-29 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-29
43-04-29. Apprenticeship in other state applied to apprenticeship required for registration
Status: repealed

43-04-29. Apprenticeship in other state applied to apprenticeship required for

registration.

Repealed by S.L. 2017, ch. 285, § 10.
N.D. Cent. Code § 43-06-19 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-19
43-06-19. Penalty
Status: in_force

43-06-19. Penalty

1. It is a class B misdemeanor for any person who fraudulently procures a license to

practice chiropractic or who, without complying with the provisions of this chapter:

a. Practices or attempts to practice chiropractic;

b. Advertises as a chiropractor; or

c. Uses the terms or letters, doctor of chiropractic, chiropractor, D.C., chiropractic

physician, or any other title that will induce the belief that the person is engaged

in the practice of chiropractic.

2. It is an infraction for any person that fraudulently procures a certification to practice as

a certified chiropractic clinical assistant or that, without complying with the provisions

of this chapter:

a. Practices or attempts to practice as a certified chiropractic clinical assistant;

b. Advertises as a certified chiropractic clinical assistant; or

c. Uses the terms or letters certified chiropractic clinical assistant, certified

chiropractic clinical assistant, or any other title that will induce the belief the

person is engaged in the practice of chiropractic as a certified chiropractic

assistant.
N.D. Cent. Code § 43-25-19 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-19
43-25-19. Penalty for violation
Status: in_force

43-25-19. Penalty for violation

Any person violating section 43-25-03 without being exempt under section 43-25-04 is guilty

of a class B misdemeanor. In addition to the criminal penalties provided, the board may initiate a

civil action in a court of competent jurisdiction as necessary to enforce this chapter or any rule

adopted under this chapter, including an injunction to restrain a violation, without proof of actual

damages sustained by any person.
N.D. Cent. Code § 43-15-28.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-28.1
43-15-28.1. Temporary suspension - Appeal
Status: in_force

43-15-28.1. Temporary suspension - Appeal

1. If the board has verified evidence that probable cause or grounds for discipline

requires the suspension of a pharmacy permit or license of a pharmacist and if harm to

the public is so imminent and critical that substantial harm could or would likely result if

the permit or license is not suspended prior to a hearing, the board may order a

temporary suspension ex parte.

2. An ex parte temporary suspension remains in effect for not more than sixty days,

unless otherwise terminated by the board.

3. The board shall set the date of a full hearing on the cause and grounds for discipline

regarding the permit or license for not later than sixty days from the issuance of the ex

parte temporary suspension order. Within three days after the issuance of the ex parte

suspension order, the board shall serve the pharmacy or pharmacist with a copy of the

order along with a copy of the complaint and notice of the date set for the full hearing.

4. The pharmacy or pharmacist may appeal the ex parte temporary suspension order

prior to the full hearing. For purposes of appeal, the district court shall decide whether

probable cause or grounds for discipline reasonably requires the temporary

suspension to adequately protect the public interest. The court shall give priority to the

appeal for prompt disposition.
N.D. Cent. Code § 43-11-15.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-15.1
43-11-15.1. Exemption from licensing requirement - Licensed nursing homes, basic care facilities, and assisted living centers
Status: in_force

43-11-15.1. Exemption from licensing requirement - Licensed nursing homes, basic

care facilities, and assisted living centers.

Any licensed nursing home, basic care facility, or licensed assisted living center that permits

licensed cosmetologists to perform services to residents only, and does not advertise as an

establishment, is not required to have an establishment license. A licensed cosmetologist

located within a licensed nursing home, basic care facility, or assisted living center who

performs cosmetology services on nonresidents of the facility must obtain an establishment

license.
N.D. Cent. Code § 43-19.1-16.1 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-16.1
43-19.1-16.1. Qualifications of land surveyor interns (Effective through June 30, 2028)
Status: in_force

43-19.1-16.1. Qualifications of land surveyor interns. (Effective through June 30, 2028)

1. Before July 1, 2028, an applicant for certification as a land surveyor intern may qualify

for certification by meeting the requirements of this section or section 43-19.1-16.2.

After June 30, 2028, a qualified applicant for certification as a land surveyor intern

must meet the requirements of section 43-19.1-16.2.

2. An applicant for certification as a land surveyor intern who has at least four years of

qualifying land surveying experience of a character satisfactory to the board, of which

a formal education in an accredited engineering or land surveying curriculum may

constitute a part, may receive from the board, upon passing a written examination on

the fundamentals of mathematics and the basic principles of land surveying, a

certificate stating the applicant has passed the examination and been recorded as a

land surveyor intern.
N.D. Cent. Code § 43-11-26 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-26
43-11-26. Master cosmetologist, master esthetician, and master manicurist - License - Qualifications
Status: in_force

43-11-26. Master cosmetologist, master esthetician, and master manicurist - License -

Qualifications.

An individual may obtain a master cosmetologist, master esthetician, or master manicurist

license upon meeting all the following requirements:

1. Furnishing to the board evidence of having practiced as a cosmetologist, esthetician,

or manicurist for at least one thousand hours. Cosmetologists may obtain hours under

the direction and control of a master cosmetologist. Estheticians may obtain hours

under the direction and control of a master cosmetologist or master esthetician.

Manicurists may obtain hours under the direction and control of a master

cosmetologist or master manicurist. Cosmetologists and estheticians may obtain a

master license under the direction, control, and responsibility of a licensed advanced

esthetician, a physician, or a physician assistant practicing within the scope of

licensure under chapter 43-17 or a nurse practicing within the scope of the nurse's

license under chapter 43-12.1.

2. Paying an original licensure fee as set forth in section 43-11-28.

3. Complying with the other requirements under this chapter applicable to a master

license.
N.D. Cent. Code § 43-06-13 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-13
43-06-13. Term of license - Renewal - Fee - Requirements
Status: in_force

43-06-13. Term of license - Renewal - Fee - Requirements

1. A license to practice chiropractic in this state is valid for one year and must be

renewed on or before the first day of September of each year.

2. A renewal applicant shall pay a fee for renewal of a license. The fee for renewal of a

license must be determined by the board from time to time, but may not exceed five

hundred dollars.

3. The board shall establish by rule the number of hours necessary for annual continuing

education.

4. The board shall establish by rule the accepted programs for the annual continuing

education requirement.

5. A license that has not been renewed, as a result of nonpayment of annual registration

fees required by this chapter or as a result of the failure by the licensee to attend the

required annual continuing education, may be reinstated by procedure adopted by the

board in administrative rules. In either case, the board may charge an additional

administrative fee to be fixed by the board at the time of consideration of the

reinstatement, not to exceed four hundred dollars.

6. In addition to the payment of fees, the board, after an investigation, may require a

chiropractor whose license has not been renewed to submit to a re-examination as to

the applicant's qualifications to practice chiropractic before the applicant is reinstated,

if the board in the exercise of the board's discretion finds and determines the best

interests of the public and the applicant will be served thereby.
N.D. Cent. Code § 43-28.1-02 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-02
43-28.1-02. Loan repayment program - Dentists - Powers of state health council
Status: repealed

43-28.1-02. Loan repayment program - Dentists - Powers of state health council

Repealed by S.L. 2015, ch. 303, § 6.
N.D. Cent. Code § 43-15.1-01 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-01
43-15.1-01. Definitions
Status: in_force

43-15.1-01. Definitions

As used in this chapter:

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

2. "Manufacturer" means any person engaged in manufacturing, preparing, propagating,

compounding, processing, packaging, repackaging, or labeling of a prescription drug.

3. "Pharmacy distributor" means any pharmacy licensed in this state or hospital

pharmacy that is engaged in the delivery or distribution of prescription drugs either to

any other pharmacy licensed in this state or to any other person or entity, including a

wholesale drug distributor, engaged in the delivery or distribution of prescription drugs

and involved in the actual, constructive, or attempted transfer of a drug in this state to

other than the ultimate consumer, if the financial value of the drugs is equivalent to at

least five percent of the total gross sales of the pharmacy distributor.

4. "Prescription drug" means any drug required by federal or state law or regulation to be

dispensed only by a prescription, including finished dosage forms and active

ingredients subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act.

5. "Wholesale drug distribution" means sale of prescription drugs to persons other than a

consumer or patient. The term does not include:

a. Intracompany sale, which is a sale between any division, subsidiary, parent, or

affiliated or related company under the common ownership and control of a

corporate entity.

b. The purchase or other acquisition by a hospital pharmacy or other health care

entity that is a member of a group purchasing organization of a drug for its own

use from the group purchasing organization or from other hospital pharmacies or

health care entities that are members of such organizations.

c. The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a

drug, by a charitable organization described in section 501(c)(3) of the Internal

Revenue Code of 1954 to a nonprofit affiliate of the organization to the extent

otherwise permitted by law.

d. The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a

drug, among hospital pharmacies or other health care entities that are under

common control.

e. The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a

drug, for emergency medical reasons.

f. The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug,

or the dispensing of a drug pursuant to a prescription.

g. A transfer of prescription drugs by a retail pharmacy to another retail pharmacy to

alleviate a temporary shortage.

h. A manufacturer or a manufacturer's sales representative or agent.

6. "Wholesale drug distributor" means any person engaged in the wholesale drug

distribution, including manufacturers; repackers; own-label distributors; jobbers;

brokers; warehouses, including manufacturers' and distributors' warehouses, chain

drug warehouses, and wholesale drug warehouses; independent wholesale drug

traders; sales agents; prescription drug repackagers; physicians; dentists;

veterinarians; birth control and other clinics; individuals; hospital pharmacies; nursing

home pharmacies or their providers; health maintenance organizations and other

health care providers; and retail and hospital pharmacies that conduct wholesale

distributions. The term does not include any common carrier or individual hired solely

to transport prescription drugs.
N.D. Cent. Code § 43-61-08 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-08
43-61-08. Practice of acupuncture
Status: in_force

43-61-08. Practice of acupuncture

1. An acupuncturist may practice acupuncture as a limited practice of the healing arts as

exempted under section 43-17-02. An acupuncturist may not:

a. Prescribe, dispense, or administer any prescription drug; or

b. Claim to practice any licensed health care profession or system of treatment

other than acupuncture unless holding a separate license in that profession.

2. An acupuncturist may prescribe and administer for preventive and therapeutic

purposes the following therapeutic substances and methods:

a. Patient education, botanical medicine, qi gong, and tai qi; and

b. The stimulation of a certain point or points on or below the surface of the body,

including traditional meridian points and ashi trigger points by the insertion of

presterilized, filiform, or disposable needles with or without electronic stimulation

or by utilizing manual or thermal techniques.
N.D. Cent. Code § 43-62-02 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-02
43-62-02. License required
Status: in_force

43-62-02. License required

An individual may not perform or offer to perform medical imaging or radiation therapy on

humans for diagnostic or therapeutic purposes or otherwise indicate or imply that the individual

is licensed to perform medical imaging or radiation therapy unless that individual is licensed

under this chapter.
N.D. Cent. Code § 43-32-20.1 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-20.1
43-32-20.1. Postdoctoral supervised psychological employment
Status: in_force

43-32-20.1. Postdoctoral supervised psychological employment

1. This section applies to postdoctoral supervised employment in the practice of

psychology and industrial-organizational psychology.

2. Before starting supervised employment, a psychologist with at least three years of

post-license practice experience must be identified as the primary supervisor. The

primary supervisor must have a competency in supervision in professional psychology

in the general area of practice being supervised.

3. Supervision must occur weekly and consist of at least one hundred hours of direct

supervision, either face-to-face or through distance communications. At least fifty of

the hours of supervision must be with the primary supervisor. Additional hours of

supervision may be with other professionals designated by the supervisor and

competent in the area of practice being supervised. The board may adopt rules to

prorate supervision for individuals preparing for licensure on a part-time basis.

4. a. An applicant seeking registration as a resident shall submit the following to the

board:

(1) A supervision relationship form;

(2) An application initiation form and fee; and

(3) A completed online licensure application.

b. The board shall register an applicant as a resident if the documentation submitted

by the applicant confirms the applicant meets the standards required by law.

c. The board shall adopt rules setting forth the requirements necessary to maintain

a residency, including rules related to the supervision requirements for residents.

5. The board may adopt rules regarding postdoctoral psychology and

industrial-organizational psychology supervision requirements and reporting.
N.D. Cent. Code § 43-32-08 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-08
43-32-08. Rules
Status: in_force

43-32-08. Rules

The board may adopt rules as necessary to enable the board to carry into effect the

provisions of this chapter. The rules may include a code of ethics for licensees. The board shall

adopt rules defining what programs of study are substantially psychological in nature and what

educational programs are acceptable for the licensing of psychologists and

industrial-organizational psychologists.
N.D. Cent. Code § 43-01-07 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-07
43-01-07. Moneys of board - How disbursed
Status: in_force

43-01-07. Moneys of board - How disbursed

Moneys collected for the board under this chapter must be kept by the secretary-treasurer

and disbursed only on warrants signed by the president and the secretary-treasurer. All

expenses incident to the examinations required under this chapter, the expenses of preparing

and issuing certificates and licenses, the reimbursement of board members' expenses, and

stationery, printing, clerk hire, and incidental 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. No part of the funds administered by the board revert to the general fund of

this state. At the end of the person's term, the secretary-treasurer shall account to the person's

successor for any moneys remaining in the person's hands.
N.D. Cent. Code § 43-10-22 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-22
43-10-22. Licensure of funeral establishments
Status: in_force

43-10-22. Licensure of funeral establishments

A person may not operate or manage a funeral establishment without a funeral

establishment license issued by the board for each place of business. Except for on tribal land,

a funeral establishment may not be located on tax-exempt property. A person desiring to

operate a funeral establishment shall submit an application for an annual license for each

funeral establishment to the secretary or executive secretary of the board accompanied by a

license fee for each establishment of not more than one hundred dollars, as established by the

board. A person operating or managing a funeral establishment shall annually, on or before

December first, submit an application for renewal of a license with a renewal fee of not more

than one hundred twenty-five dollars, as established by the board. A license is valid until the

following January first, unless sooner revoked. An application must show that the funeral

establishment has complied with all rules adopted by the board in regard to safety and

sanitation and will be under the supervision of an individual licensed to practice funeral service.

An applicant who has met these standards must be issued a license. In case of the death of an

owner of a funeral establishment who leaves an established business as part or all of an estate,

the board may issue a special renewable temporary license to the personal representative of

the deceased person for the duration of the administration of the estate, but which may not

exceed two years. The fee for the temporary license is the same as required for regular

licenses.
N.D. Cent. Code § 43-13-10 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-10
43-13-10. Meetings of board - Quorum - What constitutes
Status: in_force

43-13-10. Meetings of board - Quorum - What constitutes

The board shall meet at least once in each year at a place it designates, and in addition

thereto whenever and wherever the president and the secretary, for proper cause, call a

meeting. Four members of the board in actual attendance at any meeting constitute a quorum

for the transaction of business.
N.D. Cent. Code § 43-41-04.1 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-04.1
43-41-04.1. Fees
Status: in_force

43-41-04.1. Fees

The board shall set by rule the following fees:

1. Application fee.

2. License fee.

3. Renewal fee.

4. Late fee.

5. Administrative fees.

6. Continuing education fees.
N.D. Cent. Code § 43-17-40 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-40
43-17-40. Limitation of liability - Legislative intent
Status: in_force

43-17-40. Limitation of liability - Legislative intent

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who

donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who

assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring

any tissue, organ, blood, or component thereof from one or more human beings, living or dead,

to another human being, may be liable as the result of any such activity, save and except that

each such person or entity remains liable for the person's or entity's own negligence or willful

misconduct only.

The availability of scientific knowledge, skills, and materials for the transplantation, injection,

transfusion, or transfer of human tissue, organs, blood, and components thereof is important to

the health and welfare of the people of this state. The imposition of legal liability without fault

upon the persons and organizations engaged in such scientific procedures inhibits the exercise

of sound medical judgment and restricts the availability of important scientific knowledge, skills,

and materials. It is therefore the public policy of this state to promote the health and welfare of

the people by limiting the legal liability arising out of such scientific procedures to instances of

negligence or willful misconduct.
N.D. Cent. Code § 43-15-03 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-03
43-15-03. Board of pharmacy - Appointment
Status: in_force

43-15-03. Board of pharmacy - Appointment

The state board of pharmacy consists of seven members appointed by the governor. Five

members of the board must be licensed pharmacists, one member must be a registered

pharmacy technician, and one member must represent the public and may not be affiliated with

any group or profession that provides or regulates any type of health care.
N.D. Cent. Code § 43-15-41 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-41
43-15-41. Board to give notice of refusal or revocation of permits - Appeal
Status: in_force

43-15-41. Board to give notice of refusal or revocation of permits - Appeal

If an application for a permit or for a renewal thereof is refused, or a permit or a renewal of

permit is revoked, the board shall notify the applicant or permittee by registered or certified mail

of such refusal or revocation, with its reasons therefor. The applicant or permittee aggrieved by

the refusal or revocation may appeal from the decision or order of the board to the district court

of Burleigh County, at any time within thirty days after the receipt of the decision or order

appealed from. The appellant shall give bond in the penal sum of two hundred fifty dollars, to be

approved by the clerk of the district court, conditioned that appellant will pay all costs if the order

or decision of the board is affirmed. With the perfecting of the appeal and the filing of the bond,

the decision or order of the board must be stayed pending the determination of the appeal.
N.D. Cent. Code § 43-23.3-18.1 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-18.1
43-23.3-18.1. Evaluation by appraiser
Status: in_force

43-23.3-18.1. Evaluation by appraiser

1. An apprentice, licensed, or certified appraiser may provide an evaluation if the

evaluation is permitted by law, regulation, or regulatory guidelines. An evaluation

performed by an appraiser under this section must be conducted in accordance with

federal and state laws and rules, regulatory guidelines, and title XI of the Financial

Institutions Reform, Recovery, and Enforcement Act of 1989 [Pub. L. 101-73,

103 Stat.183].

2. An evaluation prepared or provided by an appraiser under this section must be

identified conspicuously as an evaluation and not an appraisal.
N.D. Cent. Code § 43-23.2-01 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-01
43-23.2-01. Real estate education, research, and recovery fund - Purposes - Administration
Status: in_force

43-23.2-01. Real estate education, research, and recovery fund - Purposes -

Administration.

There is hereby created a real estate education, research, and recovery fund, which must

be used to provide a fund whereby aggrieved persons may make application for the payment of

unsatisfied judgments, and for the furnishing of education and research in the field of real estate

for the benefit of licensees, all in accordance with the provisions and limitations contained within

this chapter. The fund must be administered by the state real estate commission as provided

within this chapter.
N.D. Cent. Code § 43-05-14 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-14
43-05-14. When license issued without examination
Status: in_force

43-05-14. When license issued without examination

The board may issue a license without examination to a podiatrist of another state or

Canadian province if:

1. The other state or Canadian province grants like privileges to podiatrists of this state;

2. The other state or Canadian province maintains equal statutory requirements for

practicing podiatric medicine;

3. The applicant pays a fee of not more than five hundred dollars as determined by the

board;

4. The applicant has been engaged legally in the active practice of podiatric medicine for

at least two years immediately preceding the date of application;

5. The applicant presents satisfactory evidence to the board indicating the current status

of a license to practice podiatric medicine which has been issued by the proper agency

in another state or Canadian province;

6. The applicant has not had a license suspended or revoked, or has not engaged in

conduct warranting or which would have warranted disciplinary action against a

licensee if the conduct was committed in this state or elsewhere, or has not been

subjected to disciplinary action in another state or Canadian province. If an applicant

does not satisfy the requirements of this subsection, the board shall refuse to issue a

license unless the board determines that the public will be protected through issuance

of a license with conditions or limitations considered appropriate by the board; and

7. The applicant submits with the application the following information for the five-year

period before the date of filing the application:

a. The name and address of the applicant's professional liability insurance carrier in

the other state or Canadian province; and

b. The number, date, and disposition of any podiatric medical malpractice settlement

or award made to the plaintiff relating to the quality of podiatric medical treatment.
N.D. Cent. Code § 43-04-41 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-41
43-04-41. Revocation of, suspension of, or refusal to issue certificate - Hearing
Status: in_force

43-04-41. Revocation of, suspension of, or refusal to issue certificate - Hearing

The board may not refuse to issue, refuse to renew, suspend, or revoke any certificate of

registration to practice barbering for any of the causes set forth in section 43-04-40 unless the

person accused has been given a public hearing by the board. A hearing under this section

must be conducted pursuant to chapter 28-32. For purposes of the hearing, section 28-32-21

applies only to the licensee. The person must be notified in writing of the charges against the

person and of the time set for the hearing, which must be not less than twenty days after serving

the notice. Upon the hearing of any such proceedings, the board may administer oaths and may

procure by its subpoena the attendance of witnesses and the production of relevant books and

papers. Any court in this state, upon application of the accused or the board, by order duly

entered, may require the attendance of witnesses and the production of relevant books and

papers at such hearing.
N.D. Cent. Code § 43-12.1-08.1 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-08.1
43-12.1-08.1. Prescriptive practices for registered nurses with advanced licenses
Status: repealed

43-12.1-08.1. Prescriptive practices for registered nurses with advanced licenses

Repealed by S.L. 1995, ch. 403, § 17.
N.D. Cent. Code § 43-54-01 — ND Code / Title 43 / Chapter 43-54 / Section 43-54-01
43-54-01. Definitions
Status: in_force

43-54-01. Definitions

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

1. "Client" means a person that engages or seeks to engage the services of a home

inspector for a home inspection.

2. "Home inspection" means the process by which a home inspector provides a

nonintrusive, visual examination and written evaluation of the heating system, cooling

system, plumbing system, electrical system, structural components, foundation, roof,

masonry structure, and exterior and interior components of a residential building. The

term does not include an examination of items that are concealed or not readily

accessible or identification of concealed conditions or defects.

3. "Home inspector" means an individual registered under this chapter to conduct home

inspections.

4. "Registrar" means the secretary of state.

5. "Residential building" means a structure consisting of not more than four family

dwelling units.
N.D. Cent. Code § 43-34-08 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-08
43-34-08. Exclusive jurisdiction of board
Status: in_force

43-34-08. Exclusive jurisdiction of board

The board shall have sole and exclusive authority to determine the qualifications,

competence, and fitness of any person to serve as an administrator of a nursing home under

the provisions of this chapter, and the holder of a license under the provisions of this chapter

must be deemed qualified to serve as the administrator of a nursing home.
N.D. Cent. Code § 43-28-16 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-16
43-28-16. Certificate - Displayed in place of business
Status: in_force

43-28-16. Certificate - Displayed in place of business

The holder of a license and certificate of registration shall display the license and certificate

conspicuously in the holder's place of business.
N.D. Cent. Code § 43-07-14 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-14
43-07-14. Complaint for license revocation - Consumer fraud action
Status: in_force

43-07-14. Complaint for license revocation - Consumer fraud action

1. Any person may file a duly verified complaint with the registrar charging that the

licensee is guilty of any of the following acts or omissions:

a. Abandonment of any contract without legal excuse after a deposit of money or

other consideration has been provided to the licensee. A rebuttable presumption

of abandonment arises if:

(1) A contractor fails substantially to commence any work agreed upon, unless

the failure is due to circumstances beyond the control of the contractor:

(a) Within sixty days of a starting date agreed upon in writing; or

(b) Within ninety days of the contract date if no starting date is agreed

upon in writing; or

(2) A contractor fails to complete any work agreed upon in writing within ninety

days of a completion date agreed upon in writing, or within one hundred

eighty days of the contract date if no completion date is agreed upon in

writing, unless the failure is due to circumstances beyond the control of the

contractor.

b. Diversion of funds or property received under express agreement for the

prosecution or completion of a specific contract under this chapter, or for a

specified purpose in the prosecution or completion of any contract, and their

application or use for any other contract obligation or purpose to defraud or

deceive creditors or the owner.

c. Engaging in any fraudulent or deceptive acts or practices or misrepresentation as

a contractor in consequence of which one or more persons is injured in a total

amount exceeding three thousand dollars.

d. The making of any false or misleading statement in any application for a license

or renewal or by violating this chapter or being convicted of an offense the

registrar determines has a direct bearing on the applicant's or licensee's ability to

serve the public as a contractor as set out in section 12.1-33-02.1.

e. Engaging in work without any trade or professional license as required for the

work pursuant to local, state, or federal law.

f. Failure to refund fully the contracting party's advance payment if a rebuttable

presumption of abandonment has arisen and the contracting party has made a

request to the licensee for a refund.

2. The complaint must be on a form approved by the registrar and must set forth

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

or omissions in subsection 1 has been committed.

3. Any act or omission under this section may also constitute grounds for the attorney

general to bring an action under chapter 51-15 against the licensee or any unlicensed

person engaging in the business or acting in the capacity of a contractor in violation of

section 43-07-02 and subjects the licensee or any such unlicensed person to all

provisions, procedures, remedies, and penalties provided for in chapter 51-15.
N.D. Cent. Code § 43-32-28 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-28
43-32-28. Notice - Hearing - Findings of fact and order
Status: repealed

43-32-28. Notice - Hearing - Findings of fact and order

Repealed by S.L. 1997, ch. 378, § 20.
N.D. Cent. Code § 43-15-18 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-18
43-15-18. License of pharmacy intern
Status: in_force

43-15-18. License of pharmacy intern

To register in this state a pharmacy intern must have completed one year of college, be

registered in a prepharmacy program, and must be employed by a licensed pharmacist. At the

date of entering into internship, an intern shall file with the executive director of the board the

following certificates accompanied by a fee set by the board:

1. An application stating the applicant has entered into an internship giving the intern's

name, residence, and educational qualifications.

2. A statement from the intern's employer stating that the applicant will be employed by

the pharmacist, as a pharmacy intern, that to the employer's knowledge the applicant

possesses the required education and qualifications.

The executive director of the board shall file the application and license the applicant as a

pharmacy intern.
N.D. Cent. Code § 43-19.1-13 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-13
43-19.1-13. Registration without examination - Professional engineers
Status: in_force

43-19.1-13. Registration without examination - Professional engineers

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

without examination if the applicant is:

1. An individual holding a certificate of registration to engage in the practice of

engineering, on the basis of comparable qualifications, issued to that applicant by a

proper authority of a state, territory, or possession of the United States, the District of

Columbia, or any foreign country and who, in the opinion of the board, based upon

verified evidence, meets the requirements of this chapter; or

2. An individual registered as a professional engineer by the state of North Dakota under

chapter 43-19, on the thirtieth day of June 1967.
N.D. Cent. Code § 43-10-08 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-08
43-10-08. Biennial report
Status: in_force

43-10-08. Biennial report

The board may submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 43-45-02 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-02
43-45-02. Board of addiction counseling examiners - Composition
Status: in_force

43-45-02. Board of addiction counseling examiners - Composition

The governor shall appoint a seven-member board of addiction counseling examiners. The

membership must include:

1. Five members who are licensees actively engaged in the practice of addiction

counseling, one of whom must be actively engaged in the private practice of addiction

counseling.

2. Two members who are laypersons.
N.D. Cent. Code § 43-25-14 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-14
43-25-14. Compensation of board members - Clerks
Status: in_force

43-25-14. Compensation of board members - Clerks

The board members are entitled to receive compensation in an amount to be established by

rule not to exceed one hundred dollars per day or prorated for partial days the member is

actually engaged in the performance of other meetings and official duties and payment for

mileage and travel expenses as provided in sections 44-08-04 and 54-06-09.
N.D. Cent. Code § 43-15-29 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-29
43-15-29. False registration - Penalty
Status: in_force

43-15-29. False registration - Penalty

Any person who procures or attempts to procure license as a pharmacist, for that person or

any other person under this chapter, by making or causing to be made any false

representations, or who falsely or fraudulently represents that the person is licensed, is guilty of

a class A misdemeanor, and in addition to the penalty imposed by the court, shall, if a licensed

pharmacist, have the license canceled by the board.
N.D. Cent. Code § 43-15.1-05 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-05
43-15.1-05. Out-of-state wholesale drug distributor and pharmacy distributor licensing requirements - Penalty
Status: in_force

43-15.1-05. Out-of-state wholesale drug distributor and pharmacy distributor

licensing requirements - Penalty.

1. An out-of-state wholesale drug distributor or pharmacy distributor or a principal or

agent of the distributor may not conduct any business in this state unless the

distributor has obtained a license to do so from the board and paid the fee required by

the board.

2. Application for a license under this section must be made on a form furnished by the

board.

3. The issuance of a license under this section does not change or affect tax liability

imposed by this state on any out-of-state wholesale drug distributor or pharmacy

distributor.

4. The board, by rule, may license out-of-state wholesale drug distributors or pharmacy

distributors on the basis of reciprocity to the extent that an out-of-state wholesale drug

distributor or pharmacy distributor:

a. Possesses a valid license granted by another state pursuant to legal standards

comparable to those of this state which must be met for obtaining a license under

the laws of this state; and

b. Shows that the other state would extend reciprocal treatment under its own laws

to a wholesale drug distributor or pharmacy distributor of this state.

5. A person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 43-04-28 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-28
43-04-28. Apprentice - Permit to practice
Status: repealed

43-04-28. Apprentice - Permit to practice

Repealed by S.L. 2017, ch. 285, § 10.
N.D. Cent. Code § 43-03-14 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-14
43-03-14. Examination
Status: in_force

43-03-14. Examination

1. Before an applicant may be registered as an architect, the applicant shall pass

satisfactorily an examination established by the board.

2. Before an applicant may be registered as a landscape architect, the applicant shall

pass satisfactorily an examination established by the board.

3. The board may administer an examination or may recognize a board-approved

examination of a nationally recognized entity.
N.D. Cent. Code § 43-32-35 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-35
43-32-35. Predoctoral supervised psychological internship
Status: in_force

43-32-35. Predoctoral supervised psychological internship

The board may adopt rules and standards to establish a predoctoral supervised

psychological internship program.
N.D. Cent. Code § 43-46-02 — ND Code / Title 43 / Chapter 43-46 / Section 43-46-02
43-46-02. Agreements with peer assistance entities
Status: in_force

43-46-02. Agreements with peer assistance entities

1. The board may enter into agreements with peer assistance entities to undertake those

functions and responsibilities specified in the agreements which assist the board in

performing its duties, implementing disciplinary actions or sanctions, and in otherwise

addressing potential or confirmed problems of alcohol or drug abuse and impairment

regarding board licentiates.

2. To fund the activities of a peer assistance entity as specified and undertaken under an

agreement, the board may annually allocate to the entity a fixed portion of each

licentiate registration or licensure fee, or any portion of additional funds available to the

board from other sources.
N.D. Cent. Code § 43-31-10 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-10
43-31-10. Revocation or suspension
Status: in_force

43-31-10. Revocation or suspension

The attorney general may refuse to issue or renew or may suspend or revoke a license for

any one of the following grounds:

1. Material misstatement in the application for original license or in the application for any

renewal license under this chapter.

2. Willful disregard or violation of this chapter or of any regulation or rule issued pursuant

thereto.

3. Conviction of an offense determined by the attorney general to have a direct bearing

upon a person's ability to serve the public as an examiner, or when the attorney

general determines, following a person's conviction of any offense, that the person is

not sufficiently rehabilitated under section 12.1-33-02.1.

4. Making any willful misrepresentation or false promises or causing to be printed any

false or misleading advertisement for the purpose of directly or indirectly obtaining

business or trainees.

5. Allowing one's license under this chapter to be used by an unlicensed person in

violation of the provisions of this chapter.

6. Willfully aiding or abetting another in the violation of this chapter or of any rule issued

by the attorney general pursuant thereto.

7. The licenseholder has been adjudged mentally ill, mentally deficient, or in need of

mental treatment.

8. Failing, within a reasonable time, to provide information requested by the attorney

general as the result of a formal or informal complaint to the attorney general, which

would indicate a violation of this chapter.
N.D. Cent. Code § 43-04-01 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-01
43-04-01. Definitions
Status: in_force

43-04-01. Definitions

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

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

2. "Licensed barber" means a licensee who has:

a. Met the requirements defined in sections 43-04-31 and 43-04-32; and

b. Passed the examination required in section 43-04-33.

3. "Mobile barbershop" means a barbershop operated in a mobile vehicle, trailer, or

mobile structure for the exclusive use of practicing barbering services performed by a

licensed barber.

4. "Practice of barbering" includes any one or any combination of the following practices

when done upon the upper part of the human body for cosmetic purposes and not for

the treatment of diseases or physical or mental ailments, and when done for payment

either directly or indirectly:

a. Shaving or trimming the beard or cutting the hair.

b. Giving facial or scalp massages or treatments with oils, creams, lotions, or other

preparations either by hand or mechanical appliances.

c. Singeing, shampooing, or dyeing the hair or applying hair tonics.

d. Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to

scalp, face, neck, or upper part of the body.

5. "Restricted barber" means a licensee, limited in practice to specific areas in which

competence has been demonstrated, and allowed to work in a licensed host shop.

6. "Retired barber" means a licensee who meets the requirements of section 43-04-31.4.

7. "Temporary barber" means an eligible licensee who is permitted to practice under the

supervision of a licensed barber until results are available from the next scheduled

examination.
N.D. Cent. Code § 43-40-17 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-17
43-40-17. Occupational therapist - Consultation and evaluation - Order from physician
Status: repealed

43-40-17. Occupational therapist - Consultation and evaluation - Order from

physician.

Repealed by S.L. 2003, ch. 375, § 2.
N.D. Cent. Code § 43-11-24 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-24
43-11-24. Cosmetologist, esthetician, advanced esthetician, or manicurist license - When issued - Failure to pass examination - Re-examination
Status: in_force

43-11-24. Cosmetologist, esthetician, advanced esthetician, or manicurist license -

When issued - Failure to pass examination - Re-examination.

1. A cosmetologist, esthetician, advanced esthetician, or manicurist license must be

issued to any individual who has met all the following requirements:

a. Complied with section 43-11-21.

b. Passed to the satisfaction of the board the examination of applicants for a license

to practice under this chapter.

2. If the applicant fails to pass the examination, the examination fee may not be returned.

If an applicant fails to pass an examination, the applicant may be examined again with

the payment of a re-examination fee as set forth in section 43-11-28.
N.D. Cent. Code § 43-58-09 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-09
43-58-09. Public health duties
Status: in_force

43-58-09. Public health duties

A naturopath has the same powers and duties as a licensed physician with regard to public

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

recording of vital statistics, health and physical examinations, and local boards of health, except

that the authority and responsibility are limited to activities consistent with the scope of practice

established under this chapter.
N.D. Cent. Code § 43-18.1-05 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-05
43-18.1-05. Temporary licenses - Issuance
Status: in_force

43-18.1-05. Temporary licenses - Issuance

The board, upon payment of the fees provided in this chapter, shall issue special temporary

permits to engage in water conditioning installation and repair as provided in this chapter to

those applicants who furnish sufficient proof that they were engaged in such business on

January 1, 1973. Such special temporary permits are retroactive to January 1, 1973, and expire

thirty days after the date the second examination as provided under section 43-18.1-04 is given,

but no later than July 1, 1974. The board may prescribe rules and regulations under which

regular temporary permits may be issued which must be generally in accordance with section

43-18-15.
N.D. Cent. Code § 43-28-06 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-06
43-28-06. Powers of board
Status: in_force

43-28-06. Powers of board

The board may:

1. Adopt and enforce reasonable rules to govern its proceedings and to carry out this

chapter.

2. Examine applicants for licenses, or registration to practice dentistry, dental hygiene, or

dental assisting in this state, either by direct examination or by accepting the results of

national or regional dental testing services in which the board participates or which the

board recognizes.

3. Issue, suspend, revoke, limit, cancel, restrict, and reinstate licenses registrations,

permits, credentials, or endorsements related to the practice of dentistry, dental

assisting, or dental hygiene and the biennial certificates of registration upon any

grounds authorized by this chapter or rules adopted by the board.

4. Issue subpoenas to require the attendance of witnesses and the production of

documentary evidence and may administer oaths. Any member or executive officer of

the board may administer oaths to witnesses, or issue subpoenas.

5. Employ and compensate an executive director, attorneys, investigative staff, and

clerical assistants and may perform any other duties imposed upon the board by this

chapter.

6. Establish minimum continuing professional education requirements for dentists, dental

hygienists, and dental assistants.

7. Enter an agreement with the same professional organization with which the North

Dakota board of medicine has entered an agreement under subsection 6 of section

43-17-07.1 and adopt rules to establish an alternative to discipline program through

that contract. Records of an alternative to discipline program, including the identity of a

licensee participating in the alternative to discipline program, are exempt records

under section 44-04-17.1. Records of an alternative to discipline program may be

disclosed by the board if the board determines disclosure of the records is necessary

to protect health, safety, and welfare of the public, if ordered by a court of competent

jurisdiction, or if otherwise determined by the board. Fees assessed by rule for this

program are not new fees as contemplated by subsection 7 of section 54-35-27.

8. Impose fines, not to exceed five thousand dollars for each violation of section
N.D. Cent. Code § 43-18-03 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-03
43-18-03. State board of plumbing - Members - Terms of office - Vacancies - How filled
Status: in_force

43-18-03. State board of plumbing - Members - Terms of office - Vacancies - How

filled.

Each appointed member of the board shall qualify by taking the oath of office required of

civil officers and shall hold office for a term of four years and until a successor is appointed and

qualified. The terms of office of the appointed members must be so arranged that one term only

expires on the thirtieth day of June of each year. The four members appointed by the governor

to the first board must be appointed within thirty days after July 1, 1975, to serve for the

following terms: one master plumber for one year, one journeyman plumber for two years, one

mechanical engineer for three years, and a representative of the consuming public for four

years. A vacancy on the board caused by the death, resignation, or expiration of the term of any

appointed member must be filled for the unexpired term by appointment by the governor from

the class of members to which the deceased or retiring member belonged.
N.D. Cent. Code § 43-29-17.2 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-17.2
43-29-17.2. Immunity from liability
Status: in_force

43-29-17.2. Immunity from liability

The following individuals are immune from liability in any civil or criminal proceeding brought

against the individual for any action occurring while the individual was acting in good faith within

the scope of the individual's respective capacity:

1. A member of the board;

2. A member of a peer review committee;

3. A witness testifying in a proceeding or hearing authorized under this chapter or

administrative proceeding held under chapter 28-32;

4. A treating professional;

5. An individual who files a complaint pursuant to this Act; and

6. An individual reporting an impaired veterinarian or impaired veterinary technician as

defined by section 43-29-01.1.
N.D. Cent. Code § 43-58-08 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-08
43-58-08. Practice of naturopathic health care
Status: in_force

43-58-08. Practice of naturopathic health care

1. A naturopath may practice naturopathic medicine as a limited practice of the healing

arts as exempted under section 43-17-02. A naturopath may not:

a. Prescribe, dispense, or administer any prescription drug without obtaining a

license endorsement under this chapter;

b. Administer ionizing radioactive substances for therapeutic purposes;

c. Perform a surgical procedure; or

d. Claim to practice any licensed health care profession or system of treatment

other than naturopathic medicine unless holding a separate license in that

profession. A naturopath may not hold out to the public that the naturopath is a

primary care provider.

2. A naturopath may prescribe and administer for preventive and therapeutic purposes a

prescriptive device and the following nonprescriptive natural therapeutic substances,

drugs, and therapies:

a. Food, vitamins, minerals, dietary supplements, enzymes, botanical medicines,

and homeopathic preparations;

b. Topical drugs, health care counseling, nutritional counseling and dietary therapy,

naturopathic physical applications, and therapeutic devices; and

c. Barrier devices for contraception.

3. A naturopath:

a. May prescribe, dispense, administer, and procure drugs and medical devices as

authorized under this chapter.

b. May plan and initiate a therapeutic regimen of ordering and prescribing

nonpharmacological interventions.

c. May not prescribe or dispense schedule I through V substances as designated by

the federal drug enforcement administration except for testosterone and may

prescribe and dispense all other legend drugs authorized by a formulary

approved by the board and set forth in rule.

d. May not dispense a drug as authorized under this chapter unless pharmacy

services are not available or if an emergency exists.

e. May request, receive, and sign for a professional sample of a drug authorized to

be prescribed under this chapter and may distribute the sample to a patient.

f. If prescribing or dispensing a drug as authorized by this chapter, shall register, if

appropriate, with the federal drug enforcement administration and shall comply

with appropriate state and federal laws, including participating in the prescription

drug monitoring program under chapter 19-03.5.

4. A naturopath may perform or order for diagnostic purposes a physical or orificial

examination, ultrasound, phlebotomy, clinical laboratory test or examination,

physiological function test, and any other noninvasive diagnostic procedure commonly

used by physicians in general practice and as authorized by the board.
N.D. Cent. Code § 43-06-12 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-12
43-06-12. Re-examination - Fee
Status: repealed

43-06-12. Re-examination - Fee

Repealed by S.L. 2021, ch. 307, § 14.
N.D. Cent. Code § 43-40-07 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-07
43-40-07. Fees
Status: in_force

43-40-07. Fees

The board shall prescribe by rule the fee for application for examination, the initial license

fee, the renewal of license fee, the late renewal fee, and the limited permit fee. These fees must

be set in such an amount as to reimburse the board, to the extent feasible, for the cost of the

services rendered.
N.D. Cent. Code § 43-15-43 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-43
43-15-43. Pharmacist negligently endangering life - Penalty
Status: in_force

43-15-43. Pharmacist negligently endangering life - Penalty

Any pharmacist in this state, who in putting up any drug or medicine, willfully or negligently:

1. Omits to label the drug or medicine;

2. Puts an untrue label, stamp, or other designation of contents upon the box, bottle, or

package containing the drug or medicine;

3. Substitutes a different article for an article prescribed or ordered;

4. Puts up a greater or less quantity of an article than that prescribed or ordered; or

5. Deviates from the terms of the prescription or order in any manner,

in consequence of which human life is endangered, is guilty of a class A misdemeanor.
N.D. Cent. Code § 43-28-25.1 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-25.1
43-28-25.1. Prohibition - Waivers
Status: in_force

43-28-25.1. Prohibition - Waivers

A dentist practicing dentistry may not require a patient to sign a form or statement waiving

the patient's right to file a complaint against the dentist with an appropriate state entity or

shielding the dentist from liability for injury resulting from a dental encounter.
N.D. Cent. Code § 43-36-25 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-25
43-36-25. Violation - Penalty
Status: in_force

43-36-25. Violation - Penalty

Any person who practices or offers to practice professional soil classifying in this state

without being registered in accordance with the provisions of this chapter, or any person using

or employing the words "soil classifier" or "professional soil classifier" or any modification or

derivative thereof in its name or form of business or activity except as authorized in this chapter,

or any person presenting the certificate of registration of another, or any person who falsely

impersonates any other registrant of like or different name, or any person who attempts to use

an expired or revoked or nonexistent certificate of registration, or who practices or offers to

practice when not qualified, or any person who falsely claims that that person is registered

under this chapter, or any person who violates any of the other provisions of this chapter is

guilty of a class B misdemeanor.
N.D. Cent. Code § 43-29-20 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-20
43-29-20. Veterinary telemedicine - Teleadvice and teletriage - Rules
Status: in_force

43-29-20. Veterinary telemedicine - Teleadvice and teletriage - Rules

1. A veterinarian shall establish a veterinarian-client-patient relationship by virtue of a

medically appropriate and timely in-person examination of a patient by the

veterinarian, or by a timely in-person visit to the premises where the patient is

managed or resides before the provision of veterinary telemedicine services.

2. The provision of teleadvice or teletriage by a veterinarian does not require the prior

establishment of a veterinarian-client-patient relationship.

3. A veterinary technician may perform teleadvice and teletriage without instructions from

a veterinarian.

4. The board may adopt rules as necessary to carry out this section.
N.D. Cent. Code § 43-29-16.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-16.1
43-29-16.1. Abandonment of animals by client - Disposal of remains
Status: in_force

43-29-16.1. Abandonment of animals by client - Disposal of remains

1. Any animal placed in the custody of a veterinarian for treatment, boarding, or other

care, which is abandoned by the client for a period of more than ten days after a

written notice, by registered or certified letter, return receipt requested, is mailed to the

client at the last-known address, may be turned over to the custody of the nearest

humane society or pound in the area or disposed of as such custodian may deem

proper.

2. The service of notice to the client, of such animal by the veterinarian, as provided in

subsection 1, shall relieve the veterinarian and any custodian to whom such animal

may be given of any further liability for disposal. Such procedure by the veterinarian

does not constitute grounds for disciplinary procedure under this chapter.

3. For the purpose of this section, the term "abandoned" means to forsake entirely or to

neglect or refuse to provide or perform the care and support of an animal by the client;

such abandonment constitutes the relinquishment of all rights and claim by the owner

of such animal.

4. Any animal remains that are left in the possession of a veterinarian and have not been

claimed by the client for a period of more than ten days after a written notice, by

registered or certified letter, return receipt requested, is mailed to the client at the last-

known address, may be disposed of by the veterinarian as deemed proper.
N.D. Cent. Code § 43-58-05 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-05
43-58-05. Application for licensure
Status: in_force

43-58-05. Application for licensure

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

the board showing to the board's satisfaction that the applicant has satisfied all the

requirements of this chapter and set by rule of the board, including:

a. Successful graduation of an approved naturopathic medical college;

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

such as part I and part II of the naturopathic physicians licensing examinations;

c. Physical, mental, and professional capability for the practice of naturopathic

medicine in a manner acceptable to the board; and

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

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

grounds for disciplinary action under this chapter and set by rule of the board.

The board may modify this restriction for cause.

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

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

establish that the applicant possesses the necessary qualifications.
N.D. Cent. Code § 43-11-20.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-20.1
43-11-20.1. Refund of student tuition fees upon cancellation of course
Status: in_force

43-11-20.1. Refund of student tuition fees upon cancellation of course

Schools of cosmetology shall refund tuition and other charges paid by or on behalf of a

student when written notice of cancellation is given by the student. Refunds must be made in

accordance with the following schedule:

Tuition

Hours Retained

Enrolled By School

0.0% - 4.9% 20%

5% - 9.9% 30%

10% - 14.9% 40%

15% - 24.9% 45%

25% - 49.9% 70%

Over 50% 100%

Notice of this section and of sections 43-11-20.2 and 43-11-20.3 must be posted in clear view to

the public where services are being provided in each school of cosmetology. The notice must be

in a form and contain information as prescribed by the board. The board shall take action

necessary to enforce this section and sections 43-11-20.2 and 43-11-20.3, including revocation

of the license issued pursuant to section 43-11-17. This section does not prejudice the right of

any student to commence a civil action against any school of cosmetology for breach of contract

or fraud.
N.D. Cent. Code § 43-23.5-14 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-14
43-23.5-14. Appraisal management company certification of appraisal review system
Status: in_force

43-23.5-14. Appraisal management company certification of appraisal review system

Each appraisal management company seeking to be registered or to renew a registration in

this state shall certify to the board on a form prescribed by the board that the company has a

system in place to perform an appraisal review of the work product of a statistically significant

number of appraisal reports submitted by independent appraisers performing appraisals for the

appraisal management company on a periodic basis to validate that the appraisals are being

conducted in accordance with the uniform standards of professional appraisal practice, and

chapter 43-23.3, and the rules adopted under this chapter. An appraisal management company

shall report to the board the results of any appraisal reviews in which an appraisal is found to be

substantially noncompliant with the uniform standards of professional appraisal practice.
N.D. Cent. Code § 43-51-09 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-09
43-51-09. Jurisdiction - Service of process
Status: in_force

43-51-09. Jurisdiction - Service of process

A foreign practitioner who provides services in this state without a license as permitted in

this chapter shall be deemed to have consented to the jurisdiction of this state and the

appropriate board, to be bound by the laws of this state and the rules established by the

appropriate board, and to have appointed the secretary of state as the foreign practitioner's

agent upon whom process may be served in any action or proceeding against the practitioner

arising out of the practitioner's activities in this state.

Service on the secretary of state of any process, notice, or demand is deemed personal

service upon the foreign practitioner and must be made by filing with the secretary of state an

original and two copies of the process, notice, or demand, with the filing fee of twenty-five

dollars. A member of the legislative assembly or a state or county officer may not be charged for

filing any process, notice, or demand for service. The secretary of state shall immediately

forward a copy of the process, notice, or demand by registered mail, addressed to the foreign

practitioner at the address provided by the filer.
N.D. Cent. Code § 43-04-19 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-19
43-04-19. Biennial report
Status: in_force

43-04-19. Biennial report

The board may submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 43-03-11 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-11
43-03-11. Application for examination - Fee
Status: in_force

43-03-11. Application for examination - Fee

Before an individual may take the examination for registration as an architect or a

landscape architect, that individual shall make an application to the board submitting

satisfactory evidence of having the required qualifications and shall pay an examination fee of

not more than one hundred dollars. If an applicant fails to pass the examination, at the next

regularly scheduled examination the applicant may take a partial or entire re-examination as

determined appropriate by the board. An applicant shall pay a re-examination fee of not more

than one hundred dollars for a re-examination. The fee for re-examination may be waived in

whole or in part by the board.
N.D. Cent. Code § 43-19.1-01 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-01
43-19.1-01. General provisions
Status: in_force

43-19.1-01. General provisions

In order to safeguard life, health, and property, and to promote the public welfare, the

practice of engineering and land surveying in this state is hereby declared to be subject to

regulation in the public interest, and it hereby is declared necessary that a state board of

registration for professional engineers and land surveyors be established, which in the exercise

of its powers is deemed to be an administrative agency within the purview of chapter 28-32. It is

unlawful for any person to practice, or to offer to practice, professional engineering or land

surveying in this state, as defined in the provisions of this chapter, or to use in connection with

the person's name or otherwise assume, or advertise any title or description tending to convey

the impression that the person is an engineer or land surveyor, unless such person has been

duly registered or exempted under the provisions of this chapter. The right to engage in the

practice of engineering or land surveying is deemed a personal right, based on the qualifications

of the individual as evidenced by the individual's certificate of registration, which is not

transferable.
N.D. Cent. Code § 43-23.2-13 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-13
43-23.2-13. Disciplinary action by commission
Status: in_force

43-23.2-13. Disciplinary action by commission

Nothing contained in this chapter limits the authority of the commission to take disciplinary

action against any licensee under other provisions of chapter 43-23, nor does the repayment in

full of all obligations to the fund by any licensee nullify or modify the effect of any other

disciplinary proceeding brought pursuant to the provisions of chapter 43-23.
N.D. Cent. Code § 43-07-09.1 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-09.1
43-07-09.1. Name changes
Status: in_force

43-07-09.1. Name changes

Not later than ten days after the date of a change in a contractor's name, the licensee shall

notify the registrar of the name change on a form provided by the registrar. A name change must

be accompanied by a ten dollar fee. A licensee may not change the name of the licensee if the

change is associated with a change in the legal status other than a change in marital status. A

corporation, limited liability company, limited liability partnership, or limited partnership

registered with the registrar is not subject to this section.
N.D. Cent. Code § 43-28-18.2 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-18.2
43-28-18.2. Disciplinary procedure
Status: in_force

43-28-18.2. Disciplinary procedure

1. A person may file a written and signed complaint with the board alleging a dentist

engaged in conduct identified as grounds for disciplinary action under section
N.D. Cent. Code § 43-42-04 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-04
43-42-04. Respiratory care practice
Status: in_force

43-42-04. Respiratory care practice

The practice of respiratory care may be performed in hospitals, as ambulatory or in-home

care, and in other settings where respiratory care is provided in accordance with a prescription

of a licensed physician, certified nurse practitioner, or physician's assistant. In addition,

respiratory care may be provided during the transportation of a patient, and under any

circumstances in which an epidemic or public disaster necessitates respiratory care. A person

may not practice, nor represent that the person is able to practice, as a registered respiratory

therapist without being licensed as a registered respiratory therapist, or as a certified respiratory

therapist without being licensed as a certified respiratory therapist, in accordance with this

chapter.
N.D. Cent. Code § 43-15.4-08 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-08
43-15.4-08. Penalties for violation of rule regulating veterinary dispensing technicians
Status: in_force

43-15.4-08. Penalties for violation of rule regulating veterinary dispensing

technicians.

1. The registration of a veterinary dispensing technician violating drug laws or rules may

be revoked by the state board of pharmacy, and the veterinary dispensing technician

may be subject to the penalties of section 43-15-42.1.

2. The license of a veterinary retail facility violating drug laws or rules may be revoked by

the state board of pharmacy and the veterinary retail facility may be subject to the

penalties of section 43-15-42.1.
N.D. Cent. Code § 43-30-10.1 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-10.1
43-30-10.1. Issuance of citations for unauthorized practice - Administrative fee - Appeal
Status: in_force

43-30-10.1. Issuance of citations for unauthorized practice - Administrative fee -

Appeal.

1. The board may issue a citation to a person who the board finds probable cause to

believe has violated section 43-30-10.

2. A citation must be in writing and describe with particularity the nature of the violation.

The citation must also inform the person of the provisions of subsection 5. A separate

citation must be issued for each violation.

3. If appropriate, the citation must contain an order of abatement fixing a reasonable time

for abatement of the violation.

4. The board may assess an administrative fee of:

a. For the first violation, up to two hundred fifty dollars.

b. For the second violation, up to five hundred dollars.

c. For the third or subsequent violation, up to one thousand dollars.

5. To appeal the finding of a violation, the person must request a hearing by written

notice of appeal to the board within thirty days after the date of issuance of the citation.

6. An appeal must be heard under the procedures contained in chapter 28-32, unless the

citation is brought in district court.

7. A citation does not preclude a civil injunction or the criminal prosecution and

punishment of a violator.
N.D. Cent. Code § 43-09-15 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-15
43-09-15. Renewal of license - Denial, suspension, or revocation of licenses
Status: in_force

43-09-15. Renewal of license - Denial, suspension, or revocation of licenses

1. An electrician's license may be issued for a term of only one year, but may be renewed

without examination upon the payment of the proper fee. If the licensee fails to renew

the license for a period of three consecutive years or more, the licensee is required to

appear for re-examination. The state electrical board may deny, suspend, revoke, or

refuse to renew any license issued or applied for under this chapter for any of the

following reasons:

a. Failure or refusal to maintain or adhere to the minimum standards set forth in the

electrical code referred to in section 43-09-21.

b. Any cause for which the issuance of the license could have been refused had that

information then existed and been known to the board.

c. Commitment of any act of gross negligence, incompetency, or misconduct in the

practice of the profession regulated under this chapter.

d. Material misstatement, misrepresentation, or fraud in obtaining the license.

e. After due notice, failed or refused to correct, within the specified time, any

installation not in compliance with this chapter.

f. Failure or refusal to make a deposit or acquire public liability insurance as

required by section 43-09-20.

g. Failure to pay or enter a written contract for repayment, under a payment

schedule acceptable to the board, any financial obligation to the board.

h. Failure to furnish certification of completion of education as required under

section 43-09-15.1.

2. If an individual's license is denied, suspended, or revoked by the board, or that

individual is refused a license by the board, that individual may appeal to the

appropriate court.
N.D. Cent. Code § 43-17-26.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-26.1
43-17-26.1. Physician license renewals - Late fees
Status: in_force

43-17-26.1. Physician license renewals - Late fees

A physician seeking to renew the physician's license who has failed to complete the renewal

application within the time specified by the board must be assessed a fee up to three times the

normal licensure fee, in addition to such other penalties as are authorized by law, if that

physician is found to have been practicing medicine in this state after the physician's license

expired. A physician who is not found to have been practicing medicine in this state may renew

a license upon payment of the arrearage and meeting the other requirements of the board.

However, a physician whose license lapsed more than three years before that physician

petitioned the board for reinstatement must submit a new application for licensure, whether or

not that physician has practiced medicine in this state since the physician's license was last

current.
N.D. Cent. Code § 43-15.4-05 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-05
43-15.4-05. Veterinary dispensing technicians - Educational requirements
Status: in_force

43-15.4-05. Veterinary dispensing technicians - Educational requirements

To be eligible to be registered by the board as a veterinary dispensing technician, an

individual must meet one of the following requirements:

1. Successful completion of an academic program approved by the state board of

pharmacy;

2. Successful completion of a certification program approved by the state board of

pharmacy; or

3. Be licensed as a veterinary technician by the state board of veterinary medical

examiners.
N.D. Cent. Code § 43-41-09 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-09
43-41-09. Duties and responsibilities of board
Status: in_force

43-41-09. Duties and responsibilities of board

In addition to the duties set forth elsewhere in this chapter, the board shall:

1. Adopt rules to administer and carry out the provisions of this chapter.

2. Produce an annual list of the names and level of licensure of all persons licensed

under this chapter and make the list available upon request.

3. At its discretion, employ staff and provide for staff compensation.

4. License social workers. The board may:

a. Suspend the use of an examination for licensure.

b. Waive examination requirements and create a process under which an applicant

may apply for a waiver to licensure examination requirements.

c. Create alternative requirements that do not require an examination to ascertain

the qualifications and fitness of a candidate for a license to engage in the practice

of social work.

5. Establish fees and receive all moneys collected under this chapter.

6. Deposit and disburse all fees and moneys collected by the board in accordance with

section 54-44-12.

7. Recommend prosecution for violations of this chapter to the appropriate state's

attorney.

8. Recommend the attorney general bring civil actions to seek injunctive and other relief

against violations of this chapter.

9. Establish continuing education requirements for license renewal.

10. Adopt a code of social work ethics.
N.D. Cent. Code § 43-07-11 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-11
43-07-11. Contractor's bond - Requirements
Status: repealed

43-07-11. Contractor's bond - Requirements

Repealed by S.L. 1995, ch. 397, § 9.
N.D. Cent. Code § 43-18-23 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-23
43-18-23. Working as plumber without license
Status: in_force

43-18-23. Working as plumber without license

It is unlawful for any person to work, for compensation, as a master plumber, journeyman

plumber, or plumber's apprentice without being registered and licensed as a plumber in such

classification.
N.D. Cent. Code § 43-40.1-07 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-07
43-40.1-07. Adverse actions
Status: in_force

43-40.1-07. Adverse actions

1. A home state has exclusive power to impose adverse action against an occupational

therapist's or occupational therapy assistant's license issued by the home state.

2. In addition to the other powers conferred by state law, a remote state may:

a. Take adverse action against an occupational therapist's or occupational therapy

assistant's compact privilege within that member state.

b. Issue a subpoena for hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. A subpoena 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.

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 investigation of an occupational therapist

or occupational therapy assistant who changes primary state of residence during the

course of the investigation. The home state, where the investigation was initiated may

take appropriate action and shall promptly report the conclusion of the investigation to

the occupational therapy compact commission data system. The occupational therapy

compact commission data system administrator shall promptly notify the new home

state of any adverse action.

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

occupational therapist or occupational therapy assistant the cost of an investigation

and disposition of a case resulting from any adverse action taken against that

occupational therapist or occupational therapy assistant.

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

state, provided 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

occupational therapy laws and regulations 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 an adverse action is taken by the home state against an occupational therapist's or

occupational therapy assistant's license, the occupational therapist's or occupational

therapy assistant's compact privilege 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 an occupational therapist's or

occupational therapy assistant's license must include a statement that the

occupational therapist's or occupational therapy assistant's compact privilege is

deactivated in all member states during the pendency of the order.

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

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

notify the home state of any adverse action by a remote state.

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.
N.D. Cent. Code § 43-29-01 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-01
43-29-01. Purpose of the chapter
Status: repealed

43-29-01. Purpose of the chapter

Repealed by S.L. 2007, ch. 376, § 1.
N.D. Cent. Code § 43-04-15 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-15
43-04-15. Information obtained by board confidential
Status: in_force

43-04-15. Information obtained by board confidential

No member of said board, nor any officer, agent, or employee thereof, shall divulge to any

person, firm, corporation, or limited liability company the contents of any document, paper, or

record, examined by the person in the performance of the person's duties hereunder, or any

information obtained by the person in the course of the person's investigation, except as may be

required to carry out the purpose of this chapter.
N.D. Cent. Code § 43-29-05.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-05.1
43-29-05.1. Executive director
Status: in_force

43-29-05.1. Executive director

The board may employ an executive director and other individuals as necessary to carry out

the purpose of this chapter at such salaries as it may determine.
N.D. Cent. Code § 43-15.2-02 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-02
43-15.2-02. Administration
Status: in_force

43-15.2-02. Administration

1. The state board of pharmacy shall establish and contract with a third party to

administer a legend drug donation and repository program.

2. The board may develop and maintain a participant registry for the program. A

participant registry created under this subsection must include the name, address, and

telephone number of the participants. A participant registry created under this

subsection must be available through the board or on the board's website.

3. The board may cooperate with nongovernmental organizations to maintain a

web-based list of legend drugs, devices, or supplies that have been donated and are

available through the program and the participants from which the donated items may

be available.
N.D. Cent. Code § 43-12.1-13.1 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-13.1
43-12.1-13.1. Emergency treatment by nurses
Status: repealed

43-12.1-13.1. Emergency treatment by nurses

Repealed by S.L. 1995, ch. 403, § 17.
N.D. Cent. Code § 43-10-07 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-07
43-10-07. Records of board - Admissible evidence
Status: in_force

43-10-07. Records of board - Admissible evidence

A transcript of any matter of record in the office of the board, with the certificate of the

secretary thereof attached, under the seal of said board, is competent evidence of such matter

of record in any court in this state.
N.D. Cent. Code § 43-23-24 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-24
43-23-24. Wholesale buyers and sellers - Disclosure
Status: in_force

43-23-24. Wholesale buyers and sellers - Disclosure

1. As used in this section, "wholesaler" means a person that enters an agreement to

make income or profit from the transfer of or equitable interest in real property.

2. A wholesaler of real property shall disclose in writing to all parties to the agreement

that the wholesaler holds an equitable interest in the property, may not be able to

convey title to the property, and intends to make a profit or income from the transfer of

the equitable interest.

3. Notwithstanding any other provision contained in a contract for sale of real property, if

a wholesaler violates this section, the seller may cancel the contract for sale at any

time before the close of escrow without penalty and may retain any earnest money

paid by the wholesaler.

4. Notwithstanding any other provision contained in the contract for sale, if a wholesaler

violates this section, the buyer may cancel the contract for sale at any time before the

close of escrow without penalty and must be refunded all earnest money paid by the

buyer.
N.D. Cent. Code § 43-23.1-19 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-19
43-23.1-19. Jurisdiction
Status: in_force

43-23.1-19. Jurisdiction

Dispositions of subdivided lands are subject to this chapter, and the district courts of this

state have jurisdiction in claims for relief arising under this chapter if:

1. The subdivider's principal office is located in this state; or

2. Any offer or disposition of subdivided lands is made in this state, whether or not the

offeror or offeree is then present in this state, if the offer originates within this state or

is directed by the offeror to a person or place in this state and received by the person

or at the place to which it is directed.
N.D. Cent. Code § 43-19.1-16 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-16
43-19.1-16. Registration - Professional land surveyor
Status: in_force

43-19.1-16. Registration - Professional land surveyor

An individual who shows, to the satisfaction of the board, that the individual is otherwise

qualified and is over the age of eighteen years is eligible for registration as a professional land

surveyor, if the individual has passed a board-approved examination regarding state laws and

rules or other surveying issues specific to the state and:

1. Holds a certificate of registration to engage in the practice of land surveying issued by

proper authority of a state, territory, possession of the United States, the District of

Columbia, or any foreign country, based on requirements and qualifications as shown

by the individual's application which, in the opinion of the board, are equal to or higher

than the requirements of this chapter;

2. Holds a certificate as a land surveyor intern issued by the board and:

a. In addition to experience that may be required to qualify for certification as a land

surveyor intern, completed at least four years of land surveying experience of a

character satisfactory to the board; and

b. Passed a board-approved written examination in the principles and practice of

land surveying; or

3. Is registered as a land surveyor by the state of North Dakota, under the provisions of

former chapter 43-24, on the thirtieth day of June 1967.
N.D. Cent. Code § 43-25-03 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-03
43-25-03. Massage therapists to be licensed
Status: in_force

43-25-03. Massage therapists to be licensed

A person may not:

1. Practice massage, attempt to practice massage, or teach massage techniques, for a

fee or gratuity or as a free demonstration, without a license issued under this chapter;

2. Operate or conduct a massage establishment unless it meets the requirements

adopted by the board;

3. Employ an unlicensed person to perform a massage; or

4. Use the title "massage therapist" or the abbreviations "L.M.T." or "M.T." or terms of

similar meaning without a license issued by the board.
N.D. Cent. Code § 43-39-09 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-09
43-39-09. License renewal
Status: in_force

43-39-09. License renewal

1. A license issued pursuant to this chapter expires one year from the date of issuance.

2. Licenses must be renewed according to the procedures established by the board.

3. A previously licensed person who has requested license renewal must have active

status from the board of certification, incorporated.
N.D. Cent. Code § 43-32-10 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-10
43-32-10. Power of board to administer oaths - Conduct hearings - Summon witnesses - Take testimony
Status: in_force

43-32-10. Power of board to administer oaths - Conduct hearings - Summon

witnesses - Take testimony.

The members of the board and the secretary may administer oaths. The board may

summon witnesses as provided in chapter 28-32 and take testimony in all matters relating to its

duties, including the enforcement of the provisions and purposes of this chapter and the rules

adopted by the board.
N.D. Cent. Code § 43-10-24 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-24
43-10-24. Penalty
Status: in_force

43-10-24. Penalty

Any person operating or managing a funeral establishment without a funeral establishment

license in violation of section 43-10-22 is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-04-43.1 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-43.1
43-04-43.1. Mobile barbershop - Regulations - Requirements
Status: in_force

43-04-43.1. Mobile barbershop - Regulations - Requirements

1. An individual may operate a mobile barbershop if:

a. The individual is a licensed barber under section 43-04-32; and

b. The mobile barbershop is registered with the board.

2. The board shall adopt rules regulating mobile barbershops. The rules adopted by the

board must regulate water, wastewater, power, safety, sanitation, equipment, services,

location, reports, and any other requirements deemed necessary. The board may

prescribe reasonable penalties, fines, and fees necessary to enforce the regulation of

mobile barbershops.

3. To register a mobile barbershop with the board, the owner shall:

a. Pay the required registration fee;

b. Comply with all applicable laws, rules, and ordinances; and

c. Maintain a suitable motor vehicle or trailer that is:

(1) Self-contained, self-supporting, and enclosed; and

(2) At least sixteen feet [4.88 meters] in length.

4. Each motor vehicle or trailer used as a mobile barbershop must be registered with the

board.

5. An individual who holds a mobile barbershop registration shall:

a. Maintain a permanent address for receiving correspondence with the board;

b. Display the name and registration number of the mobile barbershop on a

conspicuous exterior surface;

c. Supply the board with the make, model, vehicle identification number, and license

plate number of the vehicle, trailer, or mobile structure used as a mobile

barbershop; and

d. Comply with all rules adopted by the board.
N.D. Cent. Code § 43-11-26.1 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-26.1
43-11-26.1. Advanced esthetician license - Grandfather provision
Status: in_force

43-11-26.1. Advanced esthetician license - Grandfather provision

1. A cosmetologist or esthetician licensed in this state with practical experience of at least

one year immediately preceding January 1, 2026, may apply for an advanced

esthetician license until December 31, 2027, if the applicant:

a. Completes a board-approved four-hour safety and infection control training;

b. Obtains an active occupational safety and health administration bloodborne

pathogens certification;

c. Obtains an active board-approved first aid and cardiopulmonary resuscitation

certification; and

d. Provides:

(1) A notarized affidavit from a supervising medical professional certifying the

applicant worked under the direct supervision and control of a licensed

physician or physician assistant practicing under chapter 43-17, or nurse

under chapter 43-12.1, for a minimum of three hundred hours of actual

service work within five years immediately preceding application; or

(2) Proof of completing one hundred fifty hours of advanced esthetic training

approved by the board.

2. A cosmetologist or esthetician licensed in this state who fails to meet the requirements

in subsection 1 or fails to apply by December 31, 2027, must complete five hundred

hours of training in advanced esthetics in a board-approved program.
N.D. Cent. Code § 43-11-33 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-33
43-11-33. Board may subpoena witnesses - Fees - How paid
Status: in_force

43-11-33. Board may subpoena witnesses - Fees - How paid

The board may require the attendance of witnesses and the production of books, records,

and papers at any hearing or with reference to any matter which the board has authority to

investigate and, for that purpose, may issue a subpoena for any witness or a subpoena duces

tecum to compel the production of any books, records, or papers. The fees and mileage of

witnesses must be the same as may be allowed in the court in criminal cases. Fees and

mileage must be paid in the same manner as expenses of the board.
N.D. Cent. Code § 43-18-15 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-15
43-18-15. Temporary license - When issued
Status: in_force

43-18-15. Temporary license - When issued

The board, upon the payment of the regular examination fee, may issue a temporary permit

to engage in the business of master plumber or journeyman plumber, or both, to any person

who furnishes satisfactory evidence of the person's qualifications. Such permits are revocable

permits and are effective to December thirty-first of the year in which they are issued. No person

may be issued such temporary permits for longer than four years.
N.D. Cent. Code § 43-25-18 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-18
43-25-18. Reciprocity
Status: in_force

43-25-18. Reciprocity

1. Any individual who has been duly licensed in another city, county, state, territory, or

jurisdiction of the United States, to practice massage, may upon paying a fee of one

hundred fifty dollars or a lesser fee set by the board be granted a license to practice in

this state without being required to take an examination, if the applicant provides

evidence satisfactory to the board:

a. The applicant is licensed in good standing in any other city, county, state, territory,

or jurisdiction of the United States;

b. The applicant actively practiced for at least two of the last three years;

c. The applicant graduated from a school of massage or massage therapy program

approved by the board which may be proven by presentation of a diploma or

credentials;

d. The applicant passed an examination acceptable to the board; and

e. A massage license granted to the applicant in any other city, county, state,

territory, or jurisdiction is not subject to suspension, revocation, or otherwise

restricted in any manner for disciplinary purposes.

2. To qualify for licensure under this section, an applicant shall submit to a statewide and

nationwide criminal history record check as required by section 43-25-08.1.
N.D. Cent. Code § 43-37-07 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-07
43-37-07. Administrative provisions
Status: repealed

43-37-07. Administrative provisions

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-01-02 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-02
43-01-02. Abstracters' board of examiners - Appointment - Term of office - Vacancies
Status: in_force

43-01-02. Abstracters' board of examiners - Appointment - Term of office - Vacancies

The abstracters' board of examiners shall consist of three members each of whom must be

appointed by the governor for a term of six years, with the terms of office so arranged that one

term and only one expires on March thirty-first of every odd-numbered year. One member of the

board must be an abstracter. Each member of the board shall qualify by taking the oath required

of civil officers and holds office until that member's successor is appointed and qualified. Any

vacancy on the board must be filled by appointment by the governor for the unexpired term.
N.D. Cent. Code § 43-64-04 — ND Code / Title 43 / Chapter 43-64 / Section 43-64-04
43-64-04. Application for licensure
Status: in_force

43-64-04. Application for licensure

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

showing to the board's satisfaction the applicant is of good moral character and has

satisfied the requirements of this chapter and chapter 43-57, including:

a. Successful completion of education, examination, and experience requirements

established by the board, such as certification from the behavior analyst

certification board or a certifying entity accredited by the national commission for

certifying entities or the American national standards institute;

b. Physical, mental, and professional capability for the practice of applied behavior

analysis in a manner acceptable to the board; and

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

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

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

may modify this restriction for cause.

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

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

establish the applicant possesses the necessary qualifications.

3. The board shall establish standards for licensed behavior analysts supervising

licensed assistant behavior analysts.
N.D. Cent. Code § 43-23.2-10 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-10
43-23.2-10. Claims satisfied in order of filing
Status: in_force

43-23.2-10. Claims satisfied in order of filing

If, at any time, the money deposited in the fund and allocated for purposes other than real

estate education and research is insufficient to satisfy any duly authorized claim or portion

thereof, the commission shall, when sufficient money has been deposited in the fund, satisfy

such unpaid claims or portions thereof, in the order that such claims or portions thereof were

originally filed, plus accumulated interest at the rate of four percent a year.
N.D. Cent. Code § 43-36-08 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-08
43-36-08. Receipts and disbursements
Status: in_force

43-36-08. Receipts and disbursements

The secretary of the board shall receive and account for all moneys derived under the

provisions of this chapter and shall deposit and disburse the same in accordance with section
N.D. Cent. Code § 43-25-07 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-07
43-25-07. Requisites for licensure and examination - Subjects - Minimum passing grade - Fee for re-examination
Status: in_force

43-25-07. Requisites for licensure and examination - Subjects - Minimum passing

grade - Fee for re-examination.

1. Any individual who is eighteen years of age or older is entitled to apply to the board.

An applicant may receive a license from the board as a massage therapist if the

applicant:

a. Presents a diploma or credentials issued by an approved massage therapy

education program that meets the standards set by the board;

b. Receives a passing score on an examination approved by the board;

c. Pays the required fees, which must accompany the application to the board; and

d. Meets any other requirements set by the board by rule.

2. Any applicant failing to obtain licensure within one year of the initial license or

relicense application is entitled to reapply within six months after notification that the

application was rejected, upon payment of a fee of fifty dollars or a lesser amount

established by the board. Two applications exhaust the privilege under the original

application.

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

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

serve the public as a massage therapist or the person is not sufficiently rehabilitated

under section 12.1-33-02.1.

4. The board may approve alternate educational methods or methodology for applicants

to complete educational requirements if the applicant has graduated from a school of

massage that is accredited by a national or regional accrediting agency recognized by

the United States department of education.
N.D. Cent. Code § 43-39-05 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-05
43-39-05. Qualifications
Status: in_force

43-39-05. Qualifications

To be eligible for an athletic trainer license, an applicant must meet all the requirements of

certification established by the board of certification, incorporated.
N.D. Cent. Code § 43-09-19 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-19
43-09-19. Report of work done by licensee
Status: in_force

43-09-19. Report of work done by licensee

Every person licensed under the provisions of this chapter and doing electrical work shall

report the same to the secretary of the board upon blanks furnished by the board for that

purpose.
N.D. Cent. Code § 43-28-25 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-25
43-28-25. Unlawful acts - Penalty
Status: in_force

43-28-25. Unlawful acts - Penalty

It is a class A misdemeanor:

1. For any unlicensed person to construct, alter, repair, or duplicate any denture, partial

denture, bridge, splint, or orthodontic or prosthetic appliance, except as provided by

rule adopted by the board.

2. For any person:

a. To falsely claim or pretend to be a graduate from any dental college or the holder

of any diploma or degree from such college;

b. To practice any fraud and deceit either in obtaining a license or a certificate of

registration;

c. To falsely claim or pretend to have or hold a license or certificate of registration

from the board to practice dentistry; or

d. To practice dentistry in this state without a license and certificate of registration.

3. For any person, except a dentist, to own more than forty-nine percent of an office

practice or business at which the practice of dentistry is performed. This provision

does not apply to a board-approved medical clinic, hospital, or public health setting

with which a dentist is associated; a board-approved nonprofit organization created to

serve the dental needs of an underserved population; or the heir or personal

representative of a deceased dentist. The board may inspect and approve a medical

clinic, hospital, public health setting, or nonprofit organization at which the practice of

dentistry is performed. The heir or personal representative may operate an office

under the name of the deceased dentist for a period of not longer than two years from

the date of the dentist's death.

The board may institute a civil action for an injunction prohibiting violations of this section

without proof that anyone suffered actual damages.
N.D. Cent. Code § 43-10-09 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-09
43-10-09. Use of fees - Funds kept by treasurer - How disbursed
Status: repealed

43-10-09. Use of fees - Funds kept by treasurer - How disbursed

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-23.1-23 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-23
43-23.1-23. Penalties
Status: in_force

43-23.1-23. Penalties

Any person who willfully violates any provision of this chapter or who willfully violates any

rule or regulation or order of the commission made pursuant to the provisions of this chapter, or

who engages in any act, practice, or transaction declared by any provision of this chapter to be

unlawful, is guilty of a class C felony.
N.D. Cent. Code § 43-37-08 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-08
43-37-08. Compensation of board members
Status: in_force

43-37-08. Compensation of board members

Board members are entitled to receive compensation per day in the amount provided for

members of the legislative management under section 54-35-10 and are entitled to be

reimbursed for mileage and travel expenses necessarily incurred in the conduct of board

business at the same rate as state employees.
N.D. Cent. Code § 43-29.1-05 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-05
43-29.1-05. Eligible loans
Status: in_force

43-29.1-05. Eligible loans

The department of health and human services may provide for loan repayment funds to a

veterinarian who has received an education loan. The department of health and human services

may not provide funds for the repayment of a loan that is in default at the time of the application.

The amount of the repayment must be related to the veterinarian's outstanding education loans.
N.D. Cent. Code § 43-57-05 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-05
43-57-05. Petition to the board - Inclusion as a board-regulated profession - Consideration of additional health care professions
Status: in_force

43-57-05. Petition to the board - Inclusion as a board-regulated profession -

Consideration of additional health care professions.

1. An existing occupational or professional board of this state or agency of this state

which regulates the practice of a health profession or a representative of a health

profession that is not regulated by this state may submit to the board a petition and

proposed bill draft requesting inclusion of that health profession as a profession

regulated by the board. Upon receipt of a petition and proposed bill draft submitted

under this section, the board shall review the petition and may work with the person

submitting the petition to provide assistance in accomplishing this requested inclusion.

2. If a committee of the legislative assembly considers a measure to regulate a health

care profession with fewer than fifty likely members, the committee shall consider

whether it is desirable and feasible to have the state board of integrative health, some

other existing board, or an existing state agency regulate that profession rather than

create a new board.

3. If the membership of a board-regulated profession increases to at least one hundred

licensees, the board may introduce legislation creating an independent board to

regulate that profession.
N.D. Cent. Code § 43-25-11 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-11
43-25-11. Provisions for hearing - Notice
Status: repealed

43-25-11. Provisions for hearing - Notice

Repealed by S.L. 2001, ch. 384, § 15.
N.D. Cent. Code § 43-49-08 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-08
43-49-08. Restriction on use of title
Status: in_force

43-49-08. Restriction on use of title

A reflexologist licensed by the board may be held out as a "licensed reflexologist" and may

use the abbreviation "L.R." as a part of or immediately following that individual's name, in

connection with the profession. No individual may use the title "licensed reflexologist" unless

licensed in accordance with this chapter.
N.D. Cent. Code § 43-15-37 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-37
43-15-37. Term of permit - Renewal - Fee - Application
Status: repealed

43-15-37. Term of permit - Renewal - Fee - Application

Repealed by omission from this code.
N.D. Cent. Code § 43-05-16.7 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.7
43-05-16.7. Costs of prosecution - Disciplinary proceedings
Status: in_force

43-05-16.7. Costs of prosecution - Disciplinary proceedings

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

which disciplinary action is imposed against a podiatrist, the board may direct the podiatrist to

pay the board a sum not to exceed the reasonable and actual costs, including attorney's fees,

incurred by the board in the investigation and prosecution of the case. When applicable, the

podiatrist's license may be suspended until the costs are paid to the board.
N.D. Cent. Code § 43-30-15 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-15
43-30-15. Application of chapter 28-32
Status: in_force

43-30-15. Application of chapter 28-32

Chapter 28-32 governs the procedures under this chapter. Any decision made by the board

under section 43-30-12 is governed by chapter 28-32.
N.D. Cent. Code § 43-41-14 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-14
43-41-14. Penalty
Status: in_force

43-41-14. Penalty

Any person who violates subsection 1 of section 43-41-04 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 43-17-36 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-36
43-17-36. Physician practicing medicine while intoxicated
Status: repealed

43-17-36. Physician practicing medicine while intoxicated

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-18.1-02 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-02
43-18.1-02. Administration
Status: in_force

43-18.1-02. Administration

All fees and money obtained by the board through the administration of this chapter must be

used for the regulation of the business of water conditioning installation and repair, through the

board, and all such fees and money are appropriated to the board for such purpose. This

appropriation is a continuing appropriation of all such sums. The handling and administration of

such fees and money must otherwise be in accordance with section 54-44-12.
N.D. Cent. Code § 43-32-19 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-19
43-32-19. Licensing applicants from other states
Status: repealed

43-32-19. Licensing applicants from other states

Repealed by S.L. 2009, ch. 376, § 11.
N.D. Cent. Code § 43-29.1-07 — ND Code / Title 43 / Chapter 43-29.1 / Section 43-29.1-07
43-29.1-07. Loan repayment
Status: in_force

43-29.1-07. Loan repayment

1. a. Upon completing six months of the first year of service, as required by the

contract, the veterinarian is eligible to receive a loan payment in an amount up to

fifteen thousand dollars.

b. Upon completing a second year of service, as required by the contract, the

veterinarian is eligible to receive a loan payment in an amount up to fifteen

thousand dollars.

c. Upon completing a third year of service, as required by the contract, the

veterinarian is eligible to receive a loan payment in an amount up to twenty-five

thousand dollars.

d. Upon completing a fourth year of service, as required by the contract, the

veterinarian is eligible to receive a loan payment in an amount up to twenty-five

thousand dollars.

2. All payments under this section must be made on the veterinarian's behalf to the

issuer of the student loan.

3. A veterinarian is not entitled to receive more than eighty thousand dollars under this

section.

4. If an individual fails to complete an entire year of service, the amount repayable under

this section for that year must be prorated.

5. If any moneys remain in the state veterinary loan repayment account after the

department of health and human services has met all statutory and contractual

obligations established under this chapter, the department of health and human

services may use the moneys to increase the number of veterinarians participating in

the loan repayment program.
N.D. Cent. Code § 43-29-19 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-19
43-29-19. Veterinary prescription drugs
Status: in_force

43-29-19. Veterinary prescription drugs

1. Except as provided under subsection 2, a veterinary prescription drug must be

dispensed, used, or prescribed within the context of a veterinarian-client-patient

relationship.

2. Other than a controlled substance, a veterinarian may dispense a veterinary

prescription drug without establishing a veterinarian-client-patient relationship if:

a. The drug is prescribed by a veterinarian or by a foreign practitioner who has

established a veterinarian-client-patient relationship;

b. The prescribing veterinarian or foreign practitioner has an inadequate supply of

the drug, failure to dispense the drug would interrupt a therapeutic regimen, or

failure to dispense the drug would cause an animal to suffer;

c. The dispensing veterinarian verifies the prescription with the prescribing

veterinarian or foreign practitioner; and

d. The dispensing veterinarian is not presumptively aware of any disciplinary action

against the prescribing veterinarian or foreign practitioner.
N.D. Cent. Code § 43-15.1-08 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-08
43-15.1-08. Violations of chapter - Effect on licensure
Status: in_force

43-15.1-08. Violations of chapter - Effect on licensure

If the board determines that a wholesale drug distributor or wholesale pharmacy distributor

has committed an act or is engaging in a course of conduct which constitutes a clear and

present danger to the public health and safety in this state, the board may restrict or suspend

the wholesale drug distributor's or pharmacy distributor's license. The board has the burden of

proving that a wholesale drug distributor or wholesale pharmacy distributor is a clear and

present danger to the public health and safety.
N.D. Cent. Code § 43-03-21 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-21
43-03-21. Penalty
Status: in_force

43-03-21. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-06-14 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-14
43-06-14. License - How recorded
Status: repealed

43-06-14. License - How recorded

Repealed by S.L. 1989, ch. 506, § 17.
N.D. Cent. Code § 43-17.1-06 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-06
43-17.1-06. Powers of the board's investigative panels
Status: in_force

43-17.1-06. Powers of the board's investigative panels

The board's investigative panels may:

1. Subpoena witnesses and medical or other records relating to the practice of any

licensee under investigation. The confidentiality of the records by any other statute or

law does not affect the validity of an investigative panel's subpoena nor the

admissibility of the records in board proceedings; however, the proceedings and

records of a committee which are exempt from subpoena, discovery, or introduction

into evidence under chapter 23-34 are not subject to this subsection.

2. Hold preliminary hearings.

3. Upon probable cause, require any licensee under investigation to submit to a physical,

psychiatric, or competency examination or an addiction evaluation.

4. Appoint special masters to conduct preliminary hearings.

5. Employ independent investigators if necessary.

6. Hold confidential conferences with any complainant or any licensee with respect to any

complaint.

7. File a formal complaint against any licensee with the board.
N.D. Cent. Code § 43-26.1-09 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-09
43-26.1-09. Reinstatement of license
Status: in_force

43-26.1-09. Reinstatement of license

1. The board may reinstate an expired license upon payment of a renewal fee and

reinstatement fee.

2. If a physical therapist's or physical therapist assistant's license has expired for more

than three consecutive years, that person shall reapply for licensure and shall

demonstrate to the board's satisfaction competence to practice physical therapy, by

one or more of the following as determined by the board:

a. Practice for a specified time under a restricted license.

b. Complete prescribed remedial courses.

c. Complete continuing competence requirements for the period of the expired

license.

d. Pass an examination.
N.D. Cent. Code § 43-59-03 — ND Code / Title 43 / Chapter 43-59 / Section 43-59-03
43-59-03. Qualifications for licensure
Status: in_force

43-59-03. Qualifications for licensure

1. In order to obtain a license to practice music therapy in this state, an application must

be made to the board. The application must be upon the form adopted by the board

and must be made in the manner prescribed by the board.

2. An applicant for licensure to practice music therapy shall file an application on forms

provided by the board showing to the board's satisfaction that the applicant is an

individual of good moral character, is at least eighteen years of age, and satisfied all

the requirements established by the board which may include:

a. Successful graduation of a board-approved educational program;

b. Successful completion of a board-approved examination prescribed or endorsed

by the board;

c. Hold in good standing a board-approved designation, such as:

(1) A music therapist board-certified credential from the certification board for

music therapists; or

(2) A professional designation from the national music therapy registry, which

may include registered music therapist, certified music therapist, and

advanced certified music therapist.

d. Physical, mental, and professional capability for the practice of music therapy in a

manner acceptable to the board;

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

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

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

may modify this restriction for cause.

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

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

establish that the applicant possesses the necessary qualifications.
N.D. Cent. Code § 43-42-08 — ND Code / Title 43 / Chapter 43-42 / Section 43-42-08
43-42-08. Criminal history record checks
Status: in_force

43-42-08. Criminal history record checks

The board may require any applicant or licensee under this chapter to submit to a statewide

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

be conducted in the manner provided by section 12-60-24. All costs associated with obtaining a

criminal history record check are the responsibility of the applicant or licensee.
N.D. Cent. Code § 43-45-07.1 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-07.1
43-45-07.1. Grounds for disciplinary proceedings
Status: in_force

43-45-07.1. Grounds for disciplinary proceedings

1. The board may deny an application and may refuse to renew, suspend, revoke, or

place on probationary status any license issued under this chapter on proof at a

hearing the applicant or holder of the license engaged in unprofessional conduct.

Unprofessional conduct includes:

a. Obtaining an initial license or renewal by means of fraud, misrepresentation, or

concealment of material facts.

b. Violating rules set by the board.

c. Violating a provision of this chapter.

d. Violating the professional code of conduct as adopted by the board.

e. Being adjudged guilty of an offense determined by the board to have a direct

bearing on an applicant's or holder of the license's ability to provide addiction

counseling to the public as a licensee or being adjudged guilty of any offense and

being insufficiently rehabilitated as determined by the board under section

12.1-33-02.1.

2. One year from the date of the revocation, a former licenseholder may make application

for initial licensure.
N.D. Cent. Code § 43-15.1-03 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-03
43-15.1-03. Wholesale drug distributor advisory committee
Status: in_force

43-15.1-03. Wholesale drug distributor advisory committee

The board shall appoint a wholesale drug distributor advisory committee composed of three

members. One member must be a representative of a pharmacy and may be a pharmacy

distributor, but may not be an employee of the board. One member must be a representative of

wholesale drug distributors. One member must be a representative of drug manufacturers. In

making appointments, the board shall consider recommendations received from wholesale drug

distributors, pharmacy distributors, and drug manufacturers and shall adopt rules that provide

for solicitation of such recommendations. The advisory committee shall review and make

recommendations to the board on the merit of rules of the board which deal with wholesale drug

distributors, pharmacy distributors, and drug manufacturers. The board may not adopt any rule

affecting wholesale drug distributors or pharmacy distributors without first submitting the

proposed rule to the committee for review and comment.
N.D. Cent. Code § 43-12.3-04 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-04
43-12.3-04. Public and private entities - Eligibility for participation - Priority
Status: in_force

43-12.3-04. Public and private entities - Eligibility for participation - Priority

In selecting public and private entities for participation in a program the department of

health and human services shall give priority to an entity that:

1. Meets the selection criteria;

2. Is located in an area that is statistically underserved; and

3. Is located at least twenty miles [32.18 kilometers] outside the boundary of a city having

more than forty thousand residents.
N.D. Cent. Code § 43-07-08 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-08
43-07-08. Exceptions
Status: in_force

43-07-08. Exceptions

This chapter does not apply to:

1. Any authorized representative of the United States government, the state of North

Dakota, or any county, municipality, irrigation district, reclamation district, or other

political corporation.

2. Any person that furnishes any fabricated or finished product, material, or article of

merchandise that is not incorporated into or attached to real property by such person

so as to become affixed thereto.
N.D. Cent. Code § 43-47-10 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-10
43-47-10. Penalty
Status: in_force

43-47-10. Penalty

Any person who violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-20-01.2 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-01.2
43-20-01.2. Dental hygienist licensing
Status: in_force

43-20-01.2. Dental hygienist licensing

1. An individual seeking a license, registration, permit, credential, or endorsement related

to the practice of dental hygiene in this state shall apply to the executive director of the

board on forms prescribed by the board.

2. The application must:

a. Be verified under oath that all statements contained in the application are true to

the applicant's own knowledge;

b. Contain a recent autographed picture of the applicant; and

c. Include the application fee established by the board.

3. The board may, by rule, create or modify fees associated with any license, registration,

permit, credential, or endorsement. A fee created or modified under this section is not

a new fee for purposes of subsection 7 of section 54-35-27.

4. The board may grant a license to practice dental hygiene to an applicant who has met

the following requirements:

a. The applicant is a graduate of a dental hygiene school accredited by the

American dental association's commission on dental accreditation.

b. The applicant has passed an examination administered by the joint commission

on national dental examinations.

c. The applicant has passed a clinical competency examination administered by a

regional dental testing service or a licensing jurisdiction approved by the board by

rule.

d. The applicant has passed, within one year of making application, a written

examination on the laws and rules governing the practice of dentistry in this state.

e. Grounds for denial of the application under section 43-20-05 do not exist.

f. The applicant has met any requirement for licensure established by the board by

rule.
N.D. Cent. Code § 43-61-02 — ND Code / Title 43 / Chapter 43-61 / Section 43-61-02
43-61-02. Exemptions
Status: in_force

43-61-02. Exemptions

Some of the therapies used by an acupuncturist, such as the use of botanical medicine,

foods, and such physical forces as needling and touch are not the exclusive privilege of

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

profession licensed, certified, or registered under the laws of this state.
N.D. Cent. Code § 43-09-27 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-27
43-09-27. Powers and duties of the board - Regulation of conveyances - Exceptions
Status: in_force

43-09-27. Powers and duties of the board - Regulation of conveyances - Exceptions

1. The board shall adopt rules to regulate the inspection and testing of conveyances and

to implement applicable standards published by the American society of mechanical

engineers. The board shall publish testing and inspection forms based on the rules

and standards adopted by the board.

2. The board shall establish procedures for monitoring compliance with this chapter and

receiving and investigating complaints.

3. The board may grant an exception or variance from the requirements of board rules if

the exception or variance will not jeopardize the public safety and welfare.

4. The board shall hold hearings and hear appeals on disciplinary matters under sections

43-09-28 through 43-09-34.

5. The board shall establish fee schedules for permits, certificates, inspections, and tests.

The fees must reflect the actual costs and expenses to conduct the duties of the

board.

6. The rules adopted by the board may not apply to an elevator located in a single-family

private residence, a facility used for the purpose of energy generation, an industrial

conveyance the primary purpose of which is not the movement of individuals, or a

conveyance used in an agricultural facility.
N.D. Cent. Code § 43-45-05.1 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-05.1
43-45-05.1. Initial licenses - Licensure of applicant licensed in another jurisdiction
Status: in_force

43-45-05.1. Initial licenses - Licensure of applicant licensed in another jurisdiction

1. The board shall issue an initial license as an addiction counselor, licensed clinical

addiction counselor, or masters addiction counselor to an applicant who has met all of

the following requirements:

a. Successfully completed board-approved coursework at an accredited college or

university.

b. Successfully completed one or more oral or written examinations approved by the

board for this purpose.

c. Successfully completed a clinical training program approved by the board or

accumulated experience as established by the board by rule.

d. Satisfied to the board that the applicant agrees to adhere to the code of

professional conduct adopted by the board.

2. For the clinical training program or accumulated experience required of an intern

seeking initial licensure, at least fifty percent of the required supervision must be

provided by a supervising licensed addiction counselor, and the additional supervision

may be with other professionals who are designated by the supervising addiction

counselor, approved by the board, and competent in the area of practice being

supervised. The other professional must be registered as a clinical supervisor by the

board that licenses the other professional.

3. The board may issue a license to an applicant for licensure who is in good standing as

a licensed, approved, or certified addiction counselor, licensed clinical addiction

counselor, or masters addiction counselor under the laws of another jurisdiction:

a. Upon satisfactory proof to the board the laws of the other jurisdiction impose at

least substantially the same requirements imposed under this chapter; or

b. Upon a determination by the board the applicant possesses qualifications or

experiences in the practice of addiction counseling which are substantially similar

to the minimum requirements for licensure under this chapter.

4. If the board denies a licensure application, the board shall notify the applicant in

writing of the reasons for denial and of the applicant's right to a hearing before the

board, under chapter 28-32, if a hearing is requested within thirty days.
N.D. Cent. Code § 43-15-24 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-24
43-15-24. Register
Status: in_force

43-15-24. Register

The secretary of the board shall keep a record or register in which, in addition to such other

matters as the board may require, the secretary shall register each certificate issued under the

provisions of this chapter, the facts appearing in the certificate, and all cancellations or renewals

of the certificate or changes therein.
N.D. Cent. Code § 43-23.5-12 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-12
43-23.5-12. Appraisal review
Status: in_force

43-23.5-12. Appraisal review

Any employee of, or independent contractor to, the appraisal management company that

performs an appraisal review for a property located in this state must be:

1. A certified or licensed appraiser in good standing in this state; or

2. A certified or licensed appraiser in good standing in another state.
N.D. Cent. Code § 43-11-16 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-16
43-11-16. Schools of cosmetology - Qualifications for licensure
Status: in_force

43-11-16. Schools of cosmetology - Qualifications for licensure

1. A license must be granted to a school upon application to the board and payment of

the license fee if the school:

a. Is operated and maintained in premises separate from an establishment;

b. Requires training and instruction to be a minimum of:

(1) One thousand five hundred hours in cosmetology;

(2) Six hundred hours in esthetics;

(3) Three hundred fifty hours in manicuring; or

(4) Eleven hundred hours for advanced esthetics;

c. Employs at least two full-time equivalent licensed instructors and maintains a

maximum student-to-instructor ratio of twenty-four-to-one based on current

enrollment, except a school that provides training and instruction limited to

esthetics, advanced esthetics, or manicuring shall maintain a maximum

student-to-instructor ratio of twelve-to-one based on current enrollment;

d. Possesses apparatus and equipment sufficient for the proper and full teaching of

all subjects of its curriculum;

e. Maintains a record of the attendance and performance of each student;

f. Maintains regular class and instruction hours to include practical demonstrations

and theoretical studies supplemented by audiovisual aids, and studies in

disinfection, sterilization, infection control, and other safety measures consistent

with the practical and theoretical requirements as applicable to all curriculums;

g. Agrees not to:

(1) Permit any student to practice on any individual who is not an instructor or

registered student of the school until the student has completed at least

twenty percent of the total hours of instruction required under this chapter

and only if the practice is under the immediate direction and supervision of a

licensed instructor; or

(2) Compensate any of the school's basic students in any way; and

h. At the time of application for licensure and upon the renewal of a license,

furnishes to the board, and maintains in force at all times the license is in effect, a

bond in the penal sum of ten thousand dollars. The bond must run in favor of the

board, as agent of the state, and must be furnished by a surety company

authorized to do business in this state. It must be conditioned upon the bonded

school's providing its registered students with the full course of instruction

required under this chapter and must provide for a refund of a proportionate

amount of each student's tuition fee upon default.

2. A student enrolled in the training or who has completed the training of the esthetician

or cosmetologist curriculum in part or as a whole at a board-licensed school or who is

a holder of an active North Dakota license as a cosmetologist or esthetician license

may receive up to six hundred hours credit toward advanced esthetics requirements

as allowed by rule.

3. Any school that enrolls student instructors shall set up a course of training consisting

of:

a. A minimum of two hundred forty hours for student instructors who have held a

cosmetology, esthetician, advanced esthetician, or manicure license for two or

more years; or

b. Four hundred eighty hours for student instructors who have held a cosmetology,

esthetician, advanced esthetician, or manicure license less than two years.

4. A school may not have at any one time more than two student instructors for each full-

time equivalent licensed instructor actively engaged in the school.
N.D. Cent. Code § 43-40-18 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-18
43-40-18. Penalty - Injunction
Status: in_force

43-40-18. Penalty - Injunction

Any person who violates section 43-40-02 is guilty of a class B misdemeanor. In addition to

the criminal penalty provided, the civil remedy of an injunction is available to restrain and enjoin

violations of any provisions of this chapter.
N.D. Cent. Code § 43-36-01 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-01
43-36-01. Definitions
Status: in_force

43-36-01. Definitions

Unless the context or subject matter otherwise requires:

1. "Board" means the state board of registration for professional soil classifiers

hereinafter provided in this chapter.

2. "Kind of soil" is a group of natural bodies that has a discrete combination of landscape,

morphological, chemical, and physical properties.

3. "Practice of soil classifying and practice of professional soil classifying" means any

service or work the adequate performance of which requires education in the physical,

chemical, biological, and soil sciences, training and experience in the application of the

special knowledge of these sciences to soil classification, the soil classification by

accepted principles and methods, investigation, evaluation, and consultation on the

effect of measured, observed, and inferred soil properties upon the various uses, the

preparation of soil descriptions, maps and reports and interpretive drawings, maps and

reports of soil properties and the effect of soil properties upon the various uses, and

the effect of the various uses upon kinds of soil, any of which embraces such service

or work either public or private incidental to the practice of soil classifying.

A person must be construed to practice or offer to practice soil classifying within

the meaning and intent of this chapter who by verbal claim, sign, advertisement,

letterhead, card, or use of some other title represents that the person is a soil

classifier, but does not mean or include the practice of soil classifying by persons

exempt under the provisions of section 43-36-24 nor the work ordinarily performed by

persons who sample and test soil for fertility status or construction materials and

engineering surveys and soundings to determine soil properties influencing the design

and construction of engineering and architectural projects. Notwithstanding the

foregoing provisions, a person may not be construed to practice soil classifying unless

the person offers soil classifying services to or performs such soil classifying for the

public.

4. "Professional soil classifier" means a person who by reason of that person's special

knowledge of the physical, chemical, and biological sciences applicable to soils as

natural bodies and of the methods and principles of soil classification as acquired by

soils education and soil classification experience in the formation, morphology,

description, and mapping of soils is qualified to practice soil classifying and who has

been duly registered by the state board of registration for professional soil classifiers.

5. "Responsible charge" means direct control and personal supervision of soil

classification.

6. "Soil" is all of the groups of natural bodies occupying the unconsolidated portion of the

earth's surface capable of supporting plant life and having properties due to the

combined effect of climate and living organisms, as modified by topography and time,

upon parent materials.

7. "Soil classification" is plotting the boundaries, describing and evaluating the kinds of

soil as to their behavior and response to management under the various uses.

8. "Soil classifier" means a professional soil classifier as defined in subsection 4.

9. "Soil classifier-in-training" means a person who complies with the requirements for

education and character and who has passed an examination in the fundamental soil

and related subjects as provided for in sections 43-36-10, 43-36-11, 43-36-12, and

43-36-13.
N.D. Cent. Code § 43-62-20 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-20
43-62-20. Costs of prosecution - Disciplinary proceedings
Status: in_force

43-62-20. Costs of prosecution - Disciplinary proceedings

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

which disciplinary action is imposed against a medical imaging or radiation therapy professional,

the board may direct any medical imaging or radiation therapy professional to pay the board a

sum not to exceed the reasonable and actual costs, including reasonable attorney's fees,

incurred by the board and its investigative panels in the investigation and prosecution of the

case. When applicable, the medical imaging or radiation therapy professional's license may be

suspended until the costs are paid to the board. A medical imaging or radiation therapy

professional may challenge the reasonableness of any cost item in a hearing under chapter

28-32 before an administrative law judge. The administrative law judge may approve, deny, or

modify any cost item, and the determination of the judge is final. The hearing must occur before

the medical imaging or radiation therapy professional's license may be suspended for

nonpayment.
N.D. Cent. Code § 43-28-16.1 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-16.1
43-28-16.1. Death certificate issuance by dentist
Status: in_force

43-28-16.1. Death certificate issuance by dentist

Any dentist licensed and registered may issue a death certificate in an emergency, when the

cause of death is known to the dentist.
N.D. Cent. Code § 43-29-18 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-18
43-29-18. Effect of invalidity of part of this chapter
Status: repealed

43-29-18. Effect of invalidity of part of this chapter

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 43-28-12.2 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-12.2
43-28-12.2. Continuing educational requirement for dentists - Audit
Status: repealed

43-28-12.2. Continuing educational requirement for dentists - Audit

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-19.1-33 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-33
43-19.1-33. Continuing professional education - Rules
Status: in_force

43-19.1-33. Continuing professional education - Rules

The board shall adopt rules to establish continuing education requirements for professional

engineers and land surveyors. Compliance with these rules must be documented at the times,

and in the manner, as is required by the board. A professional engineer or land surveyor who is

exempt under subsection 4 of section 43-19.1-29 but who has voluntarily registered under this

chapter is exempt from the continuing professional education requirements under this section.
N.D. Cent. Code § 43-06-07 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-07
43-06-07. Records of the board
Status: in_force

43-06-07. Records of the board

1. The board shall keep a record of all its proceedings and a register of applications for

licenses to practice chiropractic showing:

a. The name and location of the institution from which each applicant received the

applicant's degree of doctor of chiropractic.

b. The date when the degree of doctor of chiropractic was granted.

c. Whether the applicant was licensed or rejected.

2. The board shall maintain a register of certified chiropractic clinical assistants. A

register is prima facie evidence of all matters recorded in the register.
N.D. Cent. Code § 43-15.4-07 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-07
43-15.4-07. Veterinary dispensing technician continuing education
Status: in_force

43-15.4-07. Veterinary dispensing technician continuing education

1. Each registered veterinary dispensing technician shall complete at least eight hours of

approved continuing education every year as a condition of renewal of a registration

as a veterinary dispensing technician in this state. Of the required eight hours of

continuing education, at least four hours must be of pharmacy technician continuing

education approved by the state board of pharmacy and at least four hours must be of

veterinary technician continuing education approved by the state board of veterinary

medical examiners.

2. There may be no carryover or extension of continuing education units with the

exception that continuing education units obtained twelve months prior to the

beginning of each annual reporting period may be used in the current annual reporting

period which begins March first of each year and ends the last day of February, or the

previous reporting period. However, the units may not be counted as credit in both

reporting periods. Failure to obtain the required eight hours of continuing education by

the renewal date may result in suspension for a minimum of thirty days or a maximum

of the period ending the date the continuing education is completed.

3. Veterinary dispensing technicians shall maintain their own records on forms supplied

by the board. The records must be maintained for a two-year period.

4. The requirements of this section do not apply to a veterinary dispensing technician

applying for a first renewal of a registration.

5. A veterinary dispensing technician registered with the board may make application to

the board for a waiver of compliance with the continuing education requirements and

may be granted an exemption by the board.

6. Upon request of the board, proof of compliance must be furnished to the board.
N.D. Cent. Code § 43-47-03 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-03
43-47-03. Duties and responsibilities of board
Status: in_force

43-47-03. Duties and responsibilities of board

In addition to the duties set forth elsewhere in this chapter, the board shall:

1. Publish an annual list of the names and addresses of all persons licensed under this

chapter.

2. Approve and administer an examination for counselors.

3. Set, by rule, and collect a fee for:

a. The filing of each application for a license under this chapter;

b. The renewal of a license under this chapter;

c. The provision of a duplicate license under this chapter; and

d. Technology services.

4. Deposit and disburse all fees and moneys collected by the board in accordance with

section 54-44-12.

5. Establish continuing education requirements for license renewal.

6. Issue provisional or probationary licenses.

7. Establish a code of ethics for the practice of counseling.

8. Adopt rules as necessary to carry out the provisions of this chapter.
N.D. Cent. Code § 43-34-06 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-06
43-34-06. Fund created
Status: repealed

43-34-06. Fund created

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-23.5-07 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-07
43-23.5-07. Exemptions
Status: in_force

43-23.5-07. Exemptions

The provisions of this chapter do not apply to:

1. An appraisal firm.

2. A federally regulated appraisal management company, or a financial institution,

including a department or unit within the institution, that is regulated by an agency of

this state or the United States government.

3. A person that enters an agreement with an appraiser for the performance of an

appraisal that upon completion results in a report signed by both the appraiser who

completed the appraisal and the appraiser who requested completion of the appraisal.

4. An appraisal management company with an appraisal panel of fewer than sixteen

certified or licensed appraisers in this state or fewer than twenty-five nationally within a

given year.

5. An appraisal management company that is a subsidiary owned and controlled by a

financial institution that is subject to appraisal independence standards at least as

stringent as those under chapter 43-23.5-21, if regulated by an agency of this state, or

the Truth in Lending Act [15 U.S.C. 1601 et seq.], if regulated by the United States

government.
N.D. Cent. Code § 43-17-30.1 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-30.1
43-17-30.1. Disciplinary action
Status: in_force

43-17-30.1. Disciplinary action

The board is authorized to take disciplinary action against a licensed physician by any one

or more of the following means, as it may find appropriate:

1. Revocation of license.

2. Suspension of license.

3. Probation.

4. Imposition of stipulations, limitations, or conditions relating to the practice of medicine.

5. Letter of censure.

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

7. Impose fines, not to exceed five thousand dollars for any single disciplinary action. Any

fines collected by the North Dakota board of medicine must be deposited in the state

general fund.
N.D. Cent. Code § 43-36-10.1 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-10.1
43-36-10.1. Conviction not bar to registration - Exceptions
Status: in_force

43-36-10.1. Conviction not bar to registration - Exceptions

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

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

serve the public as a professional soil classifier, or that, following conviction of any offense, the

person is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-20-11 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-11
43-20-11. Practice of dental hygiene supplemental to practice of dentistry
Status: in_force

43-20-11. Practice of dental hygiene supplemental to practice of dentistry

The practice of dental hygiene is hereby declared to be supplemental and auxiliary to the

practice of dentistry in North Dakota. All particulars, requirements, regulations, control, and

provisions of chapter 43-28 apply with equal force wherein and so far as they may be applicable

to the practice of dental hygienists, except as otherwise provided for in this chapter.
N.D. Cent. Code § 43-19.1-17.1 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-17.1
43-19.1-17.1. Retired registrant
Status: in_force

43-19.1-17.1. Retired registrant

The board may recognize an individual who is no longer practicing as an engineer or land

surveyor as a retired registrant.
N.D. Cent. Code § 43-30-11 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-11
43-30-11. Renewal of licenses
Status: in_force

43-30-11. Renewal of licenses

A license to provide private investigative or security services must be renewed on an annual

basis ending on September thirtieth of each year. License fees must be prorated for the portion

of each license period the license is in effect.
N.D. Cent. Code § 43-23.5-21 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-21
43-23.5-21. Prohibited conduct
Status: in_force

43-23.5-21. Prohibited conduct

A violation of this section may constitute grounds for discipline against an appraisal

management company registered in this state. However, an appraisal management company

may request an appraiser provide additional information about the basis for a valuation, correct

objective factual errors in an appraisal report, or consider additional appropriate property

information. No employee, director, officer, agent, independent contractor, or other third party

acting on behalf of an appraisal management company may:

1. Procure or attempt to procure a registration by knowingly making a false statement,

submitting false information, refusing to provide complete information in response to a

question in an application for registration, or through fraud or misrepresentation.

2. Willfully violate this chapter or rules of the board.

3. Improperly influence or attempt to improperly influence the development, reporting,

result, or a review of an appraisal through intimidation, coercion, extortion, bribery, or

any other manner, including:

a. Withholding payment for appraisal services.

b. Threatening to exclude an appraiser from future work or threatening to demote or

terminate in order to improperly obtain a desired result.

c. Conditioning payment of an appraisal fee upon the opinion, conclusion, or

valuation to be reached.

d. Requesting an appraiser to report a predetermined opinion, conclusion, or

valuation or the desired valuation of any person or entity.

4. Require an appraiser to provide the appraisal management company with the

appraiser's digital signature or seal.

5. Alter, amend, or change an appraisal report submitted by an appraiser without the

appraiser's knowledge and written consent.

6. Remove an independent appraiser from an appraiser panel without prior written notice

to the appraiser, with the prior written notice including evidence of the following, if

applicable:

a. The appraiser's illegal conduct.

b. A violation of the uniform standards of professional appraisal practice, this

chapter, or the rules adopted by the board.

c. Improper or unprofessional conduct.

7. Require an appraiser to sign any indemnification agreement that would require the

appraiser to defend and hold harmless the appraisal management company or any of

its agents or employees for any liability, damage, losses, or claims arising out of the

services performed by the appraisal management company or its agents, employees,

or independent contractors and not the services performed by the appraiser.

8. Prohibit lawful communications between the appraiser and any other person who the

appraiser, in the appraiser's professional judgment, believes possesses information

that would be relevant.

9. Engage in any other act or practice that impairs or attempts to impair a real estate

appraiser's independence, objectivity, and impartiality.

10. Submit or attempt to submit false, misleading, or inaccurate information in any

application for registration or renewal.

11. Fail to timely respond to any subpoena or any other request for information.

12. Fail to timely obey an administrative order of the board.

13. Fail to fully cooperate in any investigation.
N.D. Cent. Code § 43-23.3-03 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-03
43-23.3-03. Powers and duties of the board
Status: in_force

43-23.3-03. Powers and duties of the board

1. The board, or the board's designated representative, shall:

a. Define apprentice appraiser, licensed appraiser, certified residential appraiser,

and certified general appraiser; determine the type of educational experience,

appraisal experience, and equivalent experience that meet the requirements of

this chapter; establish application procedures; and establish standards for

approval and disapproval of applications for permits.

b. Establish examination specifications for the apprentice and supervisory appraiser

and administer examinations.

c. Approve or disapprove applications for permits, issue permits to practice, and

maintain a registry of the names and addresses of individuals holding permits.

d. Discipline permittees.

e. Hold meetings, hearings, and examinations in places and at times as the board

designates and maintain records of board activities.

f. Adopt rules, pursuant to chapter 28-32, necessary to implement this chapter or

carry out the requirements imposed by federal law.

g. Adopt rules that clearly and concisely establish the standards for approval and

disapproval of applications for permits. The rules must include a requirement that

an application disapproval clearly specify the basis for the disapproval.

h. Keep permittees informed of board activities, including providing notification of

board member terms and any upcoming board vacancy; internet posting of

meeting notices and minutes; and internet posting of proposed and final rule

changes.

2. The board, or the board's designated representative, may:

a. Promote research and conduct studies relative to real estate appraising and

sponsor educational activities.

b. Contract for services necessary to carry out this chapter.

3. The board, or the board's authorized representative, may investigate and gather

evidence concerning alleged violations of the provisions of chapter 43-23.3 or the rules

of the board. Board investigative files are exempt records as defined in subsection 5 of

section 44-04-17.1, but a copy of the investigative file must be provided to a licensee if

a complaint is filed against the licensee by the board.
N.D. Cent. Code § 43-23.5-16 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-16
43-23.5-16. Fee disclosure system requirement
Status: in_force

43-23.5-16. Fee disclosure system requirement

1. An appraisal management company registered in this state shall disclose to its clients

the fees paid for appraisal management services and the fees paid to the independent

appraiser for the completion of an appraisal assignment.

2. An appraisal management company registered in this state shall not prohibit an

independent appraiser that is part of an appraiser panel from recording the fee that the

appraiser was paid by the appraisal management company for the performance of the

appraisal within the communication of the appraisal.
N.D. Cent. Code § 43-15-42.2 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-42.2
43-15-42.2. Impaired pharmacists program
Status: in_force

43-15-42.2. Impaired pharmacists program

1. Any pharmaceutical peer review committee may report relevant facts to the board

relating to the acts of any pharmacist in this state if it has knowledge relating to the

pharmacist which, in the opinion of the peer review committee, might impair

competency due to dependency on alcohol or drugs, abuse of alcohol or drugs, or due

to physical or mental illness, or which might endanger the public health and safety or

provide grounds for disciplinary action under chapter 43-15.

2. Any committee of a professional association comprised primarily of pharmacists, its

staff, or any district or local intervenor participating in a program established to aid

pharmacists impaired by substance abuse or mental or physical illness may report in

writing to the board the name of the impaired pharmacist together with the pertinent

information relating to the impairment. The board may report to any committee of such

professional association, or the association's designated staff, information which it may

receive with regard to any pharmacist who may be impaired by substance abuse or

mental or physical illness.

3. Upon a determination by the board that a report submitted by a peer review committee

or professional association committee is without merit, the report must be expunged

from the pharmacist's individual record in the board's office. A pharmacist or a

pharmacist's authorized representative may, on request, examine the pharmacist's

peer review or the pharmaceutical association's committee report submitted to the

board and place into the record a statement of reasonable length of the pharmacist's

view with respect to any information in the report.

4. Notwithstanding the provisions of section 44-04-18, the records and proceedings of

the board, compiled in conjunction with an impaired pharmacist peer review

committee, are confidential and are not to be considered public records or open

records unless the affected pharmacist so requests; provided, however, the board may

disclose this confidential information only if any of the following apply:

a. In a disciplinary hearing before the board or in a subsequent trial or appeal of a

board action or order.

b. To the pharmacist licensing or disciplinary authorities of other jurisdictions.

c. Under an order of a court of competent jurisdiction.

5. a. No employee or member of the board, peer review committee member,

pharmaceutical association committee member, or pharmaceutical association

district or local intervenor furnishing in good faith information, data, reports, or

records for the purposes of aiding the impaired pharmacist may, by reason of

furnishing the information, be liable for damages to any person.

b. No employee or member of the board or the committee, staff, or intervenor

program is liable for damages to any person for any action taken or

recommendations made in good faith by the board, committee, or staff.
N.D. Cent. Code § 43-17-35 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-35
43-17-35. Enforcement of chapter - Duty of secretary-treasurer
Status: repealed

43-17-35. Enforcement of chapter - Duty of secretary-treasurer

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-23-01 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-01
43-23-01. Real estate commission - Members
Status: in_force

43-23-01. Real estate commission - Members

The state real estate commission consists of five members, three of whom must be active

real estate brokers, appointed by the governor. The commission shall organize by the election of

a chairman.
N.D. Cent. Code § 43-05-16.1 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.1
43-05-16.1. Forms of disciplinary action - Dates - Automatic suspensions - Reissuance
Status: in_force

43-05-16.1. Forms of disciplinary action - Dates - Automatic suspensions -

Reissuance.

When the board finds, pursuant to chapter 28-32, that a podiatrist has violated this chapter

or a rule of the board, the board may do one or more of the following:

1. Revoke the license or permit.

2. Suspend the license or permit.

3. Institute probation with or without any of the following terms:

a. Impose limitations or conditions on the podiatrist's practice of podiatric medicine.

b. Impose retraining or rehabilitation requirements.

c. Require practice under supervision.

d. Condition the continued practice on demonstration of knowledge or skills by an

appropriate examination or other review of skill and competence.

4. Impose a civil penalty not exceeding ten thousand dollars for each violation, the

amount of the civil penalty fixed so as to deprive the podiatrist of any economic

advantage gained by the violation or to reimburse the board for attorney's fees and the

cost of the investigation and proceeding.

5. Order the podiatrist to provide unremunerated professional service under supervision

at a designated public hospital, nursing home, clinic, or other health care facility or

institution.

6. Reprimand the podiatrist.

7. Censure the podiatrist.

8. Send the podiatrist a letter of concern.
N.D. Cent. Code § 43-28-07 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-07
43-28-07. Expenses of board - How paid - Funds held by secretary-treasurer
Status: repealed

43-28-07. Expenses of board - How paid - Funds held by secretary-treasurer

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-15.1-09 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-09
43-15.1-09. Inspection powers and access to wholesale drug distributor records - Penalty
Status: in_force

43-15.1-09. Inspection powers and access to wholesale drug distributor records -

Penalty.

The board or a designee of the board may conduct inspections during normal business

hours upon all open premises purporting or appearing to be used by a wholesale drug

distributor or wholesale pharmacy distributor in this state. A distributor who provides adequate

documentation of the most recent satisfactory inspection less than three years old by either the

United States food and drug administration or a state agency determined to be comparable by

the board is exempt from further inspection for a period of time determined by the board. This

exemption does not bar the board from initiating an investigation pursuant to a complaint

regarding a wholesale drug distributor or pharmacy distributor. A wholesale drug distributor may

keep records at a central location apart from the principal office of the wholesale drug distributor

or the location at which the drugs were stored and from which they were shipped; provided, that

the records are made available for inspection within three business days of a request by the

board. The records may be kept in any form permissible under federal law applicable to

prescription drugs recordkeeping. A person who fails to provide a duly authorized person the

right of entry as provided in this section is guilty of a class A misdemeanor for the first conviction

and a class C felony for each subsequent conviction.
N.D. Cent. Code § 43-11-05 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-05
43-11-05. Officers of board - Powers - Rulemaking
Status: in_force

43-11-05. Officers of board - Powers - Rulemaking

1. The members of the board annually shall elect a president and a secretary from the

members of the board.

2. The president and the secretary may administer oaths.

3. The board shall:

a. Adopt and enforce rules to administer this chapter after collaborating with

affected parties;

b. Employ administrative staff and additional staff positions as needed;

c. Set fees, manage funds, and authorize expenditures necessary for board

operations;

d. Collect and analyze data;

e. Maintain a registry of licensees and registered individuals;

f. Issue licenses for cosmetologists, estheticians, advanced estheticians,

manicurists, instructors, establishments, independent licensees, and schools;

g. Adopt and enforce rules for continuing competence of licensees and registrants;

h. Regulate cosmetology practices; and

i. Issue practice statements regarding the interpretation and application of this

chapter.
N.D. Cent. Code § 43-02.2-11 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-11
43-02.2-11. Reinstatement
Status: in_force

43-02.2-11. Reinstatement

1. If the board has suspended, refused to renew, or revoked a certificate, license,

practice privilege, or a permit, the board may modify the suspension or reissue the

certificate, license, practice privilege, or permit upon application in writing by the

person or firm affected and for good cause shown and payment of a fee established by

the board.

2. The board shall specify by rule the manner in which applications for reinstatement

must be made, the times within which they must be made, and the circumstances in

which hearings on applications will be held.

3. Before reissuing or terminating the suspension of a certificate, license, practice

privilege, or permit under this section, the board may require the applicant to show

successful completion of specified continuing education and may make the

reinstatement conditional and subject to specified conditions, including satisfactory

completion of a practice review conducted as specified by the board.
N.D. Cent. Code § 43-18-11.1 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-11.1
43-18-11.1. When license not required
Status: in_force

43-18-11.1. When license not required

Employees of dealers in household appliances need not be licensed pursuant to this

chapter when installing household appliances, if any necessary plumbing work is incidental to

the installation of the appliance and the work could be performed by a plumber's apprentice.
N.D. Cent. Code § 43-55-01 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-01
43-55-01. Definitions
Status: in_force

43-55-01. Definitions

As used in this chapter:

1. "Administrative fee" means the fee charged to a client by a professional employer

organization for professional employer services. The term does not include any

amount of a fee which is for wages and salaries, benefits, workers' compensation

coverage, payroll taxes, withholding, or other assessment paid by the professional

employer organization to or on behalf of a covered employee under a professional

employer agreement.

2. "Client" means any person that enters a professional employer agreement with a

professional employer organization.

3. "Coemployer" means either a professional employer organization or a client.

4. "Coemployment relationship" means a relationship that is intended to be an ongoing

relationship rather than a temporary or project-specific relationship, wherein the rights,

duties, and obligations of an employer which arise out of an employment relationship

have been allocated between coemployers under a professional employer agreement

and this chapter.

5. "Covered employee" means an individual having a coemployment relationship with a

professional employer organization and a client, who has received written notice of

coemployment with the professional employer organization, and whose coemployment

relationship is under a professional employer agreement subject to this chapter. An

individual who is an officer, director, shareholder, partner, or manager of the client is a

"covered employee" to the extent the professional employer organization and the client

have expressly agreed in the professional employer agreement that the individual is a

covered employee and if the individual meets the criteria of this subsection and acts as

an operational manager or performs day-to-day operational services for the client.

6. "Licensee" means a professional employer organization licensed under this chapter.

7. "Professional employer agreement" means a written contract between a client and a

professional employer organization which provides for the coemployment of a covered

employee, for the allocation of employer rights and obligations between the client and

the professional employer organization with respect to a covered employee, and the

assumption of the responsibilities required by this chapter.

8. "Professional employer organization" means a person engaged in the business of

providing professional employer services. The term does not include an arrangement

through which a person that does not have as its principal business activity the

practice of entering a professional employer arrangement and does not hold itself out

as a professional employer organization and that shares an employee with a

commonly owned company within the meaning of section 414(b) and (c) of the Internal

Revenue Code of 1986; an independent contractor arrangement through which a

person assumes responsibility for a product produced or a service performed by the

person or the person's agents and retains and exercises primary direction and control

over the work performed by an individual whose services are supplied under the

arrangement; or the provision of temporary help services.

9. "Professional employer services" means the entering of a coemployment relationship

under this chapter.

10. "Temporary help services" means services consisting of a person recruiting and hiring

its own employees; finding another organization that needs the services of those

employees; assigning those employees to perform work at or services for the other

organization to support or supplement the other organization's workforce, to provide

assistance in special work situations, such as an employee absence, skill shortage, or

seasonal workload or to perform a special assignment or project; and customarily

attempting to reassign the employees to another organization when the employers

finish each assignment.
N.D. Cent. Code § 43-34-12 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-12
43-34-12. Licensure of individuals licensed in other jurisdictions
Status: in_force

43-34-12. Licensure of individuals licensed in other jurisdictions

The board may issue a nursing home administrator's license, without examination, to any

individual who holds a current license as a nursing home administrator from another jurisdiction,

if the board finds that the standards for licensure in the other jurisdiction are at least the

substantial equivalent of those prevailing in this state at the time of application and that the

applicant is otherwise qualified.
N.D. Cent. Code § 43-11-14 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-14
43-11-14. Licenses - Board to issue - Form - Displayed
Status: in_force

43-11-14. Licenses - Board to issue - Form - Displayed

The board may issue all licenses provided for under this chapter. Each license issued must

be:

1. Signed by the secretary of the board;

2. Attested by the seal of the board; and

3. Displayed in clear view to the public.
N.D. Cent. Code § 43-17-44 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-44
43-17-44. Standard of care and professional ethics
Status: in_force

43-17-44. Standard of care and professional ethics

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

practicing traditional in-person medicine or telemedicine. The following apply in the context of

telemedicine:

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

the practitioner has demonstrated competence, based on the practitioner's training,

ability, and experience. In assessing a licensee's compliance with this ethical

requirement, the board shall give consideration to board certifications and specialty

groups' telemedicine standards.

2. A licensee practicing telemedicine shall establish a bona fide relationship with the

patient before the diagnosis or treatment of a patient. A licensee practicing

telemedicine shall verify the identity of the patient seeking care and shall disclose, and

ensure the patient has the ability to verify, the identity and licensure status of any

licensee providing medical services to the patient.

3. Before initially diagnosing or treating a patient for a specific illness or condition, an

examination or evaluation must be performed. An examination or evaluation may be

performed entirely through telemedicine, if the examination or evaluation is equivalent

to an in-person examination.

a. An examination utilizing secure videoconferencing or store-and-forward

technology for appropriate diagnostic testing and use of peripherals that would be

deemed necessary in a like in-person examination or evaluation meets this

standard, as does an examination conducted with an appropriately licensed

intervening health care provider, practicing within the scope of the provider's

profession, providing necessary physical findings to the licensee. An examination

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

conversation does not meet the standard of care.

b. Once a licensee conducts an acceptable examination or evaluation, whether

in-person or by telemedicine, and establishes a patient-licensee relationship,

subsequent followup care may be provided as deemed appropriate by the

licensee, or by a provider designated by the licensee to act temporarily in the

licensee's absence. In certain types of telemedicine utilizing asynchronous

store-and-forward technology or electronic monitoring, such as teleradiology or

intensive care unit monitoring, it is not medically necessary for an independent

examination of the patient to be performed.

4. A licensee practicing telemedicine is subject to all North Dakota laws governing the

adequacy of medical records and the provision of medical records to the patient and

other medical providers treating the patient.

5. A licensee must have the ability to make appropriate referrals of patients not amenable

to diagnosis or complete treatment through a telemedicine encounter, including a

patient in need of emergent care or complementary in-person care.
N.D. Cent. Code § 43-18-04 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-04
43-18-04. Office and officers of board
Status: in_force

43-18-04. Office and officers of board

The members of the board shall elect from their number a president, a vice president, and a

treasurer, and they shall select a secretary, but the office of secretary and treasurer may be held

by the same person. The secretary or secretary-treasurer need not be a member of the board.
N.D. Cent. Code § 43-55-03 — ND Code / Title 43 / Chapter 43-55 / Section 43-55-03
43-55-03. Licensing requirements
Status: in_force

43-55-03. Licensing requirements

1. A person may not provide, advertise, or otherwise hold itself out as providing

professional employer services, unless the person is licensed under this chapter. A

person engaged in the business of providing professional employer services shall

obtain a license regardless of its use of the term or conducting business as a

"professional employer organization", "staff leasing company", "registered staff leasing

company", "employee leasing company", "administrative employer", or any other

name.

2. Each applicant for licensure shall provide the secretary of state with the following

information:

a. The name of the professional employer organization and any name under which

the professional employer organization intends to conduct business in this state.

b. The designation of organization of the applicant whether domestic or foreign; a

corporation, limited liability company, general partnership, limited partnership,

limited liability partnership, limited liability limited partnership, sole proprietor, or

any other person subject to a governing statute; and the jurisdiction of origin of

the organization.

c. The address of the principal place of business of the professional employer

organization and the address of each office it maintains in this state.

d. The date of the end of the applicant's fiscal year.

e. A list of jurisdictions in which the professional employer organization has

operated in the preceding five years, including any alternative names, names of

predecessors, and, if known, successor business entities.

f. A statement of ownership, which must include the name and address of any

person that owns or controls twenty-five percent or more of the equity interests of

the professional employer organization.

g. A statement of management, which must include the name and address of any

individual who serves as president, chief executive officer, or otherwise has the

authority to act as a senior executive officer of the professional employer

organization.

h. A bond as provided under section 43-55-05.

i. A copy of the employer's quarterly contribution and wage report to job service

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

secretary of state. A professional employer organization that has not filed an

employer's quarterly contribution and wage report with job service North Dakota

shall submit a bond in the amount as provided under section 43-55-05.

3. A license issued under this section is valid for one year and may be renewed within

sixty days before the expiration of the license by submitting to the secretary of state:

a. The information required in subsection 2;

b. The license fee provided in section 43-55-04; and

c. A bond as provided under section 43-55-05.

4. A person applying for licensure or a renewal of licensure shall maintain continuously its

organization's applicable records current and in good standing as otherwise required

by law.

5. The secretary of state shall maintain a list of professional employer organizations

licensed under this chapter.
N.D. Cent. Code § 43-17.1-05.1 — ND Code / Title 43 / Chapter 43-17.1 / Section 43-17.1-05.1
43-17.1-05.1. Reporting requirements - Penalty
Status: in_force

43-17.1-05.1. Reporting requirements - Penalty

1. A licensee, a health care institution in the state, a state agency, or a law enforcement

agency in the state having actual knowledge that a licensee may have committed any

of the grounds for disciplinary action provided by law or by rules adopted by the board

shall report that information in writing to the investigative panel of the board within

thirty days from the date of occurrence or action. A medical licensee or any institution

from which the medical licensee voluntarily resigns or voluntarily limits the licensee's

staff privileges shall report that licensee's action to the investigative panel of the board

if that action occurs while the licensee is under formal or informal investigation by the

institution or a committee of the institution for any reason related to possible medical

incompetence, unprofessional conduct, or mental or physical impairment within thirty

days.

2. In addition to the reporting requirements in subsection 1, a licensee shall report the

following to the board within thirty days:

a. A citation, charge, arrest, or conviction of any violation of law, other than minor

traffic citations.

b. A malpractice judgment or settlement made on behalf of an individual licensee.

c. Discipline by a licensing board, agency, or professional association.

d. An action affecting or limiting privileges or credentials.

e. A health care facility restriction of privileges due to practice concerns or discipline

for reasons relating to the licensee's clinical competence which results in a

limitation, restriction, suspension, revocation, relinquishment, or nonrenewal of

the licensee's privileges to avoid an investigation or other disciplinary action.

f. A condition that impairs the licensee's ability to practice the profession in a

competent, ethical, or professional manner. If the licensee is under treatment and

able to practice in a competent, ethical, and professional manner, the condition

does not need to be reported. A licensee also does not need to report under this

section if the licensee has a current contract with the North Dakota professional

health program and is in compliance with program requirements.

3. Upon receiving a report concerning a licensee an investigative panel shall, or on its

own motion an investigative panel may, investigate any evidence that appears to show

a licensee is or may have committed any of the grounds for disciplinary action

provided by law or by rules adopted by the board.

4. A person required to report under this section that makes a report in good faith is not

subject to criminal prosecution or civil liability for making the report. For purposes of

any civil proceeding, the good faith of any person that makes a report pursuant to this

section is presumed. A physician who obtains information in the course of a

physician-patient relationship in which the patient is another physician is not required

to report if the treating physician successfully counsels the other physician to limit or

withdraw from practice to the extent required by the impairment. A physician who

obtains information in the course of a professional peer review pursuant to chapter

23-34 is not required to report pursuant to this section. A physician who does not

report information obtained in a professional peer review is not subject to criminal

prosecution or civil liability for not making a report. For purposes of this section, a

person has actual knowledge if that person acquired the information by personal

observation or under circumstances that cause that person to believe there exists a

substantial likelihood that the information is correct.

5. An agency or health care institution that violates this section is guilty of a class B

misdemeanor. A licensee who violates this section is subject to disciplinary action by

the board as specified by law or by administrative rule.
N.D. Cent. Code § 43-28-15 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-15
43-28-15. Licensure by credential review
Status: in_force

43-28-15. Licensure by credential review

1. The board may issue a license and certificate of registration to practice dentistry in this

state to an applicant who meets the following requirements:

a. The applicant, for at least five years immediately preceding application, has been

licensed in good standing and has been actively practicing dentistry in another

jurisdiction where the requirements are at least substantially equivalent to those

of this state;

b. Grounds for denial of the application under section 43-28-18 do not exist;

c. The applicant pays to the board the fee determined by the board by rule;

d. The applicant delivers to the board a certificate from the examining or licensing

board of every jurisdiction in which the individual is practicing or is licensed to

practice, certifying that the individual is a licensed and registered dentist in good

standing in that jurisdiction;

e. The applicant passes a written examination on the laws and rules governing the

practice of dentistry in this state administered by the board at a meeting; and

f. The applicant meets any requirement for licensure established by the board by

rule.

2. The board may issue a license and certificate of registration to practice dentistry in this

state to an applicant who is in good standing under the laws of another jurisdiction,

has passed a hand skills examination approved by the board, and possesses

qualifications, education, and experience substantially similar to the requirements in

subsection 1.
N.D. Cent. Code § 43-05-11.1 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-11.1
43-05-11.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-05-11.1. Conviction not bar to licensure - Exceptions

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

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

serve the public as a podiatrist, or determines that an applicant, following conviction of any

offense, is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-04-22 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-22
43-04-22. Apprentice barber - Certificate of registration required - Powers
Status: repealed

43-04-22. Apprentice barber - Certificate of registration required - Powers

Repealed by S.L. 2017, ch. 285, § 10.
N.D. Cent. Code § 43-04-38 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-38
43-04-38. Persons having practiced barbering in another state - Permit to practice as journeyman barber
Status: repealed

43-04-38. Persons having practiced barbering in another state - Permit to practice as

journeyman barber.

Repealed by S.L. 1987, ch. 511, § 3.
N.D. Cent. Code § 43-15-32 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-32
43-15-32. Who may engage in drug business
Status: in_force

43-15-32. Who may engage in drug business

Every store, dispensary, pharmacy, laboratory, or office, selling, dispensing, or compounding

drugs, medicines, or chemicals, or compounding or dispensing prescriptions of medical

practitioners in the state, and every business carried on under a name which contains the words

"drugs", "drugstore", or "pharmacy", or which is described or referred to in such terms by

advertisements, circulars, posters, signs, or otherwise, must be in charge of a registered

pharmacist.
N.D. Cent. Code § 43-53-01 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-01
43-53-01. Definitions
Status: in_force

43-53-01. Definitions

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

1. "Advertise" includes the issuing or causing to be distributed any card, sign, or device

to any person; the causing, permitting, or allowing any sign or marking in or on any

building, radio, or television; or advertising by any other means designed to secure

public attention.

2. "Associate marriage and family therapist" means an individual who has completed the

educational requirements for a marriage and family license and who has successfully

passed the licensing examination, but who has not yet successfully completed the

supervised work experience requirement for licensure as a marriage and family

therapist.

3. "Board" means the North Dakota marriage and family therapy licensure board.

4. "Licensed marriage and family therapist" means an individual who holds a valid license

issued under this chapter.

5. "Marriage and family therapy" means the diagnosis and treatment of mental and

emotional disorders, whether cognitive, affective, or behavioral, within the context of

marriage and family systems. Marriage and family therapy involves the professional

application of psychotherapeutic and family systems theories and techniques in the

delivery of services to individuals, couples, and families for the purpose of treating

such diagnosed nervous and mental disorders.

6. "Practice of marriage and family therapy" means the rendering of marriage and family

therapy services to individuals, couples, and families, singly or in groups, whether the

services are offered directly to the general public or through organizations, either

public or private, for a fee, monetary or otherwise.

7. "Qualified supervision" means the supervision of clinical services, in accordance with

standards established by the board, by an individual who has been recognized by the

board as an approved supervisor. At least fifty percent of the hours of qualified

supervision must be with an approved supervisor who is a licensed marriage and

family therapist and additional hours of qualified supervision may be with other

professionals designated by the approved supervisor and acting under the approved

supervisor. The other professional must be approved by the board, approved by that

individual's licensing authority to supervise interns if appropriate, and competent in the

area of practice being supervised. The marriage and family therapist approved

supervisor remains the applicant's supervisor of record.

8. "Recognized educational institution" means any educational institution that grants a

master's or higher degree that is recognized by the board and by a regional accrediting

body, or a postgraduate training institute accredited by the commission on

accreditation for marriage and family therapy education.

9. "Use a title or description of" means to hold oneself out to the public as having a

particular status by means of stating on signs, mailboxes, address plates, stationery,

announcements, calling cards, or other instruments of professional identification.
N.D. Cent. Code § 43-40-06 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-06
43-40-06. Board administrative authority and requirements
Status: in_force

43-40-06. Board administrative authority and requirements

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

deems necessary.

2. The board shall adopt a seal by which it authenticates its proceedings.

3. All funds collected or received by the board must be deposited and disbursed in

accordance with section 54-44-12.

4. The executive secretary shall pay upon approval of the board all appropriate expenses

incurred by the board in the administration of this chapter.
N.D. Cent. Code § 43-23.5-18 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-18
43-23.5-18. Appraisal management company registration numbers
Status: in_force

43-23.5-18. Appraisal management company registration numbers

1. The board shall issue a registration number to each appraisal management company

that is registered in this state.

2. The board shall maintain a list of the appraisal management companies that are

registered with the board.

3. An appraisal management company registered in this state shall place its registration

number on engagement documents utilized by the appraisal management company

for procurement of appraisal services in this state.
N.D. Cent. Code § 43-07-05 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-05
43-07-05. Classes of licenses
Status: repealed

43-07-05. Classes of licenses

Repealed by S.L. 2015, ch. 291, § 7.
N.D. Cent. Code § 43-10-16 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-16
43-10-16. Grounds for disciplinary action - Reimbursement of costs
Status: in_force

43-10-16. Grounds for disciplinary action - Reimbursement of costs

The board may revoke, suspend, place on probation, or refuse to issue a license to practice

funeral service or certificate of registration as an intern embalmer upon proof at a hearing that

the applicant, licensee, or certificate holder:

1. Is unfit to practice funeral service.

2. Has violated this chapter or the rules of the board.

The board may impose a fee on any person or other legal entity subject to regulation under this

chapter to reimburse the board for all or part of the costs of administrative actions resulting in

disciplinary action, including the amount paid by the board for services from the office of

administrative hearings, attorney's fees, court costs, witness fees, staff time, and other

expenses.
N.D. Cent. Code § 43-23.1-10 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-10
43-23.1-10. Annual report
Status: in_force

43-23.1-10. Annual report

1. Within thirty days after each annual anniversary date of an order registering

subdivided lands, the subdivider shall file a report in the form prescribed by the

commission. The report must reflect any material changes in information contained in

the original application for registration.

2. The commission, at its option, may permit the filing of annual reports within thirty days

after the anniversary date of the consolidated registration in lieu of the anniversary

date of the original registration.