N.D. Cent. Code § 43-26.1-15 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-15
43-26.1-15. Terms and titles
Status: in_force

43-26.1-15. Terms and titles

1. A physical therapist shall use the letters "PT" in connection with the physical therapist's

name or place of business to denote licensure under this chapter.

2. Except as otherwise provided by law, a person or business entity, and its employees,

agents, or representatives, shall not use in connection with that person's or entity's

name or activity the words "physical therapy", "physical therapist", "physiotherapist",

"registered physical therapist", the letters "PT", "MPT", "DPT", "LPT", "RPT", or any

other words, abbreviation, or insignia indicating or implying directly or indirectly that

physical therapy is provided or supplied, unless such services are provided by or

under the direction of a physical therapist licensed pursuant to this chapter. A person

or business entity shall not advertise or otherwise promote another person as being a

"physical therapist" or "physiotherapist" unless the individual so advertised or

promoted is licensed as a physical therapist under this chapter. A person or business

entity that offers, provides, or bills any other person for services shall not characterize

those services as "physical therapy" unless the individual performing that service is

licensed as a physical therapist under this chapter.

3. A physical therapist assistant shall use the letters "PTA" in connection with that

person's name to denote licensure under this chapter.

4. A person shall not use the title "physical therapist assistant", the letters "PTA", or any

other words, abbreviations, or insignia in connection with that person's name to

indicate or imply, directly or indirectly, that the person is a physical therapist assistant

unless that person is licensed under this chapter.

5. A physical therapist who graduated from a doctor of physical therapy program may use

the title "doctor of physical therapy". A physical therapist holding a doctor of physical

therapy or other doctoral degree may not use the title "doctor" without clearly informing

the public of the physical therapist's licensure as a physical therapist.
N.D. Cent. Code § 43-15.3-12 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-12
43-15.3-12. Fees
Status: in_force

43-15.3-12. Fees

The board shall charge and collect the following fees under this chapter:

Chain drug warehouse $200

Chain pharmacy warehouse $200

Durable medical equipment distributor, medical gas distributor, or both $200

Durable medical equipment retailer, medical gas retailer and distributor, or both $300

Hospital offsite warehouse $200

Jobber or broker Not to exceed $1,000

Manufacturer Not to exceed $1,000

Medical gas retailer, durable medical equipment retailer, or both $200

Medical gas durable medical equipment distributor and retailer $300

Outsourcing facility $200

Own label distributor Not to exceed $1,000

Pharmacy distributor $200

Private label distributor Not to exceed $1,000

Repackager Not to exceed $1,000

Reverse distributor $200

Third-party logistic provider Not to exceed $1,000

Veterinary-only distributor $200

Virtual manufacturer $400

Virtual wholesaler or distributor Not to exceed $1,000

Wholesaler or distributor Not to exceed $1,000
N.D. Cent. Code § 43-40-03 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-03
43-40-03. Persons and practices not affected by chapter
Status: in_force

43-40-03. Persons and practices not affected by chapter

This chapter does not prevent or restrict the practice, services, or activities of:

1. Services by a person licensed by the state and working within the standards and

ethics of that person's profession, if that person does not represent to the public that

the person is an occupational therapist or occupational therapy assistant.

2. Any person employed as an occupational therapist or occupational therapy assistant

by the United States or any agency of it, if the person provides occupational therapy

solely under the direction or control of the organization by which employed.

3. Any person performing occupational therapy consultation, continuing education,

inservice, or preservice training in this state, if these services are performed for no

more than thirty days in a calendar year, if:

a. The person is licensed or registered under the law of another state which has

regulatory requirements at least as stringent as the requirements of this chapter;

or

b. The person meets the requirements for certification as an occupational therapist

registered or a certified occupational therapy assistant, established by a national

occupational therapy certifying agency approved by the board.
N.D. Cent. Code § 43-62-18 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-18
43-62-18. Disciplinary action
Status: in_force

43-62-18. Disciplinary action

The board may take disciplinary action against a licensee by any of the following means:

1. Revocation of license.

2. Suspension of license.

3. Probation.

4. Imposition of stipulations, limitations, or conditions relating to the performance of

medical imaging or radiation therapy.

5. Letter of censure.

6. Imposition of a penalty, not to exceed one thousand dollars for any single disciplinary

action, which must be deposited in the state general fund.

7. Payment of the board's expenses, including legal fees, which may be deposited in the

board's operating fund.
N.D. Cent. Code § 43-41-04 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-04
43-41-04. Licenses - Rules
Status: in_force

43-41-04. Licenses - Rules

1. Except as otherwise provided in this chapter, a person may not engage in social work

practice in this state unless that person is a licensed baccalaureate social worker, a

licensed master social worker, or a licensed clinical social worker.

2. To obtain a license to engage in the practice of social work, an applicant shall submit

an application to the board in the form prescribed by the board and provide evidence

satisfactory to the board the applicant:

a. Has attained the age of majority.

b. Has passed the examination approved by the board for the license sought.

c. Has satisfied the board the applicant agrees to adhere to the code of social work

ethics adopted by the board.

d. Is of good moral character. As an element of good moral character, the board

shall consider the applicant's adherence to values, principles, and ethical

standards consistent with professional social work practice, and shall also

consider information obtained through reports made under section 43-41-04.2 in

licensure decisions to the extent permissible by all applicable laws.

e. Has paid all applicable fees specified by the board relative to the licensure

process.

3. An applicant for licensure for the practice of:

a. Baccalaureate social work must demonstrate having been awarded a

baccalaureate degree in social work from a social work program approved by the

board.

b. Masters social work must demonstrate having been awarded a doctorate or

master's degree in social work from a social work program approved by the

board.

c. Clinical social work must demonstrate:

(1) Having been awarded a doctorate or master's degree in social work from a

social work program approved by the board.

(2) The successful completion, within a four-year period, of three thousand

hours of supervised post-master's clinical social work experience. The initial

one thousand five hundred of the required hours must have been under the

supervision of a licensed clinical social worker. Additional hours of

supervision may be under other qualified mental health professionals

approved by the board if barriers due to the geographical location, disability,

or other factors determined by the board to create a hardship exist for the

applicant. The qualified professional must be registered or otherwise

qualified as a clinical supervisor by the board that licenses the other

professional. However, if an applicant began supervised post-master's

clinical social work experience before August 1, 2009, a licensed master

social worker who has two years of experience, a licensed psychologist with

a doctorate degree, or a licensed psychiatrist may have supervised the

required hours. The applicant may demonstrate to the board's satisfaction

that experience in the practice of clinical social work meets or exceeds the

minimum supervisory requirements of the board.

4. The board may adopt rules pertaining to the supervision required under this section.
N.D. Cent. Code § 43-32-04 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-04
43-32-04. Removal of members
Status: in_force

43-32-04. Removal of members

The governor may remove any member of the board for unprofessional conduct,

incompetency, or neglect of duty after giving such member a written statement of the reasons

for removal and after such member has had an opportunity to be heard thereon.
N.D. Cent. Code § 43-48-03 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-03
43-48-03. Exemptions
Status: in_force

43-48-03. Exemptions

The provisions of this chapter do not apply to the following:

1. Physicians duly and currently licensed to practice medicine.

2. Nurses duly and currently licensed to practice nursing and practicing within the scope

of the nursing license.

3. Persons performing clinical testing for teaching or research, provided that the results

of any examination performed in such laboratories are not used in health maintenance,

diagnosis, or treatment of disease.

4. Persons employed by the United States government, or any bureau, division, or

agency thereof, and working in a licensed laboratory.

5. Any person in the pursuit of a supervised course of study leading to a degree at an

accredited or educational program approved by the board.

6. Phlebotomy personnel performing phlebotomy procedures.

7. Persons performing testing for their own personal use and persons performing

screening tests for mass screening under appropriate supervision.

8. Agents of the state or federal government performing hematological tests for anemia

upon participants of the special supplemental food program for women, infants, and

children.

9. An individual performing exempt tests identified by rules adopted by the board. The

individual must be supervised by an individual who is licensed by the board, a

physician licensed by the board of medicine, an advanced practice registered nurse

licensed by the board of nursing, or other categories of individuals approved by the

board by rule. The supervisor and individual shall adhere to the methods identified by

rules adopted by the board.

10. Perfusionists performing clinical laboratory tests for hematology, coagulation, and

chemistry during the course of a patient's perfusion procedures.

11. Personnel of the division of laboratory services of the department of health and human

services or department of environmental quality who are participating in the centers for

disease control and prevention's chemical terrorism toxic metals determination

program.

12. A person licensed or registered under another chapter of this title and carrying out the

therapy or practice for which the person is licensed or registered.

13. Personnel performing whole blood glucose waived tests as categorized by the food

and drug administration based on the criteria established by the Clinical Laboratory

Improvement Act of 1988 [42 U.S.C. 263a et seq.].

14. Pharmacists duly and currently licensed to practice pharmacy.
N.D. Cent. Code § 43-32-03 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-03
43-32-03. Tenure of members - Vacancies and oath of office
Status: in_force

43-32-03. Tenure of members - Vacancies and oath of office

The term of office of each member of the board is three years and until a successor is

appointed and qualified. The governor shall fill all vacancies by appointment. In case of a

vacancy before the expiration of a term, the appointment must be for the remainder of the term

only. An individual appointed to the board qualifies by taking the oath required of civil officers.
N.D. Cent. Code § 43-26.1-03 — ND Code / Title 43 / Chapter 43-26.1 / Section 43-26.1-03
43-26.1-03. Powers of the board
Status: in_force

43-26.1-03. Powers of the board

The board may:

1. Evaluate the qualifications of applicants for licensure.

2. Provide for the examination of physical therapists and physical therapist assistants

and adopt passing scores for the examinations.

3. Issue licenses to persons who meet the requirements of this chapter.

4. Regulate the practice of physical therapy by interpreting and enforcing this chapter.

5. Adopt and revise rules consistent with this chapter.

6. Meet at least annually and other times as deemed necessary. A majority of board

members constitutes a quorum for the transaction of business.

7. Establish mechanisms for assessing the continuing professional competence of

physical therapists and physical therapist assistants to engage in the practice of

physical therapy.

8. Establish and collect fees for sustaining the necessary operation and expenses of the

board.

9. Elect officers from its members necessary for the operations and obligations of the

board. Terms of office are one year.

10. Provide for the timely orientation and training of new professional and public

appointees to the board regarding board licensing and disciplinary procedures, this

chapter, and board rules, policies, and procedures.

11. Maintain a current list of all individuals regulated under this chapter. This contact

information includes the individual's name, current business address, business

telephone number, electronic mail address, and board license number.

12. Provide information to the public regarding the complaint process.

13. Employ necessary personnel to carry out the administrative work of the board.

14. Enter contracts for services necessary for enforcement of this chapter.

15. Report final disciplinary action taken against a licensee to a national disciplinary

database recognized by the board or as required by law.

16. Review and investigate all complaints the board receives against licensees concerning

violations of this chapter. The board shall keep all information relating to the receipt

and investigation of the complaint confidential until the information is disclosed in the

course of the investigation or any subsequent proceeding or until disclosure is required

by law. However, patient records, including clinical records, files, any report or oral

statement relating to diagnostic findings of a patient or treatment of a patient, any

information from which a patient or the patient's family might be identified, or

information received and records or reports kept by the board as a result of its

investigation, are confidential.
N.D. Cent. Code § 43-23-17 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-17
43-23-17. Penalty
Status: in_force

43-23-17. Penalty

Any person violating section 43-23-05 is guilty of a class B misdemeanor. Any person

violating section 43-23-14.1 is guilty of an infraction.
N.D. Cent. Code § 43-54-02 — ND Code / Title 43 / Chapter 43-54 / Section 43-54-02
43-54-02. Home inspector registration required - Penalty
Status: in_force

43-54-02. Home inspector registration required - Penalty

The registrar shall issue and renew registrations to home inspectors pursuant to this

chapter. An individual may not perform a home inspection for compensation unless registered

under this chapter. An individual who violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 43-01-06 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-06
43-01-06. Biennial report
Status: in_force

43-01-06. Biennial report

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

accordance with section 54-06-04.
N.D. Cent. Code § 43-06-06 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-06
43-06-06. Fund - How disbursed - Where deposited
Status: repealed

43-06-06. Fund - How disbursed - Where deposited

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-32-18 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-18
43-32-18. Licensing of psychologists without examination - Qualifications of applicants
Status: repealed

43-32-18. Licensing of psychologists without examination - Qualifications of

applicants.

Repealed by S.L. 1997, ch. 378, § 20.
N.D. Cent. Code § 43-04-32 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-32
43-04-32. Licensed barber - Application for examination
Status: in_force

43-04-32. Licensed barber - Application for examination

1. Any person who desires to be licensed as a barber shall apply to the board.

2. An applicant is eligible to take the licensing examination under section 43-04-33 if the

applicant pays the required application fee and:

a. Has held an active and valid license to practice barbering in another state for at

least one year; or

b. Has received a minimum of one thousand one hundred hours of training in

sanitation, safety, laws, and rules, including the completion of hours at a licensed

barbering school or a barbering program in a public school system, and other

procedures as established by the board.

3. The board shall issue a license to an applicant who meets the qualifications under

section 43-04-31, passes the licensing examination under section 43-04-33, and pays

the initial licensing fee.

4. An applicant who fails to pass the examination under section 43-04-33 may take

subsequent examinations as necessary, subject to the following:

a. The board may specify reasonable time frames for rescheduling the examination;

b. The board may require additional training for applicants who fail to pass the

examination after the applicant's third attempt; and

c. The applicant shall file any additional forms and pay re-examination fees as

determined by the board.

5. The board shall maintain a record relating to the issuance, refusal, and renewal of

licenses. The record must contain the name, place of business, and residence of each

licensed barber and the date and number of the barber's license.

6. The board shall adopt rules specifying procedures for licensure by endorsement of

barbers desiring to be licensed in this state who hold a current active license in

another state or country and have met qualifications substantially similar to the

qualifications required for licensed barbers in this state.
N.D. Cent. Code § 43-23-20 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-20
43-23-20. Group insurance coverage authorized - Independent errors and omissions coverage
Status: in_force

43-23-20. Group insurance coverage authorized - Independent errors and omissions

coverage.

The real estate commission may negotiate by bid with an insurance provider for a group

policy under which coverage is available to all licensees with no right on the part of the insurer

to cancel coverage provided to any licensee, except as provided by rules adopted by the

commission. A licensee may obtain errors and omissions insurance independently if the

coverage complies with the minimum requirements established by the commission.
N.D. Cent. Code § 43-41-03 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-03
43-41-03. Representation to the public
Status: in_force

43-41-03. Representation to the public

1. Only those persons licensed to practice under this chapter may represent themselves

as a licensed baccalaureate social worker, licensed master social worker, or licensed

clinical social worker.

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

prominently displayed at the principal place of business where the social worker

practices.
N.D. Cent. Code § 43-05-17 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-17
43-05-17. Penalty
Status: in_force

43-05-17. Penalty

A person violating any provision of this chapter for which another penalty is not provided is

guilty of a class B misdemeanor. In addition, the civil remedy of injunction is available to the

board to restrain and enjoin any violation of this chapter without the need to prove actual

damages to any person.
N.D. Cent. Code § 43-30-02.2 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-02.2
43-30-02.2. Proprietary security
Status: in_force

43-30-02.2. Proprietary security

A proprietary employer is a person who employs an individual to provide security for that

person's own property or protection. A proprietary employer is not required to be licensed as a

private security service if the employer does not offer or provide security services to others.

Proprietary security employees may be voluntarily registered as security officers under section
N.D. Cent. Code § 43-47-05 — ND Code / Title 43 / Chapter 43-47 / Section 43-47-05
43-47-05. Counseling practice - Exceptions
Status: in_force

43-47-05. Counseling practice - Exceptions

1. This chapter does not prevent any person licensed by the state from doing work within

the standards and ethics of that person's profession, if that person does not represent

to the public that the person is a professional counselor or associate professional

counselor.

2. This chapter does not apply to the activities, services, or use of an official title on the

part of a person employed as a counselor by any federal, state, or local political

subdivision or by a private or public educational institution, if the person is performing

counseling within the scope of employment.

3. This chapter does not prevent students or trainees who are enrolled in programs

leading to counseling degrees from interning within the limitations set by the rules

adopted by the board under chapter 28-32.

4. This chapter does not prevent a licensed attorney from providing services within the

scope of the practice of law.

5. This chapter does not prevent a member of the clergy of any religious denomination

from providing services within the scope of ministerial duties.

6. This chapter does not prevent the employment of, or volunteering by, individuals in

nonprofit agencies or community organizations if these persons do not hold

themselves out to the public as professional counselors or associate professional

counselors.
N.D. Cent. Code § 43-31-08 — ND Code / Title 43 / Chapter 43-31 / Section 43-31-08
43-31-08. Reinstatement of license
Status: in_force

43-31-08. Reinstatement of license

An examiner whose license has expired may be reinstated at any time within one year after

the expiration thereof, by making a renewal application therefor and by paying the renewal

license fee.
N.D. Cent. Code § 43-10.1-03 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-03
43-10.1-03. Annual report filed with commissioner
Status: in_force

43-10.1-03. Annual report filed with commissioner

On or before January thirty-first of each year, the owner or manager of each cemetery

association or licensed funeral establishment that has entered into any pre-need funeral service

contracts during the preceding calendar year shall file a report covering the period of the

preceding calendar year with the commissioner, which report must include:

1. The name and address of the licensed funeral establishment or cemetery association

and the name and address of the manager or operator thereof.

2. The name of the purchaser and beneficiary of each pre-need funeral service contract

entered into on behalf of the licensed funeral establishment or cemetery association

during the preceding calendar year and the date each contract was made.

3. The lump sum consideration paid upon such pre-need funeral service contract

required to be reported under subsection 2 or the total amount in dollars of any

installments paid upon each pre-need funeral service contract required to be reported

under subsection 2.

4. The name and address of the bank, credit union, savings and loan association, or trust

company in which such consideration was deposited in accordance with section

43-10.1-03.1.

5. The total in dollars of all sums received as consideration upon pre-need funeral

service contracts executed by the licensed funeral establishment or cemetery

association or in its behalf during all periods after July 1, 1973, which are undrawn or

unexpended and on deposit in a bank, credit union, savings and loan association, or

trust company or in the hands of the licensed funeral establishment or cemetery

association.

6. Such other information as may reasonably be required by the commissioner for the

purpose of the proper administration of this chapter.

Such report must be accompanied by a filing fee of fifteen dollars and is a public record.
N.D. Cent. Code § 43-28-19 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-19
43-28-19. Revocation of license and certificate - Proceedings, how initiated - Service of notice and hearing
Status: repealed

43-28-19. Revocation of license and certificate - Proceedings, how initiated - Service

of notice and hearing.

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-15-25.2 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-25.2
43-15-25.2. Educational requirements - Rules
Status: in_force

43-15-25.2. Educational requirements - Rules

The board shall adopt rules establishing the educational requirements and quality control

procedures for pharmacists who conduct laboratory tests provided in subsection 24 of section
N.D. Cent. Code § 43-17-01 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-01
43-17-01. Definitions
Status: in_force

43-17-01. Definitions

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

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

2. "Licensee" means a physician, resident physician, or physician assistant licensed to

practice in this state or a physician assistant privileged to practice in this state under

3. "Physician" includes physician and surgeon (M.D.) and osteopathic physician and

surgeon (D.O.).

4. "Physician assistant" means an individual issued a physician assistant license under

this chapter or privileged to practice in this state under chapter 43-17.5.

5. "Practice of medicine" includes the practice of medicine, surgery, and obstetrics. The

following persons are regarded as practicing medicine:

a. A person that holds out to the public as being engaged within this state in the

diagnosis or treatment of diseases or injuries of human beings.

b. A person that suggests, recommends, or prescribes any form of treatment for the

intended relief or cure of any physical or mental ailment of any individual, with the

intention of receiving, directly or indirectly, any fee, gift, or compensation.

c. A person that maintains an office for the examination or treatment of individuals

afflicted with disease or injury of the body or mind.

d. A person that attaches the title M.D., surgeon, doctor, D.O., osteopathic physician

and surgeon, or any other similar word or words or abbreviation to the person's

name, indicating that the person is engaged in the treatment or diagnosis of the

diseases or injuries of human beings shall be held to be engaged in the practice

of medicine.

6. "Resident physician" means an individual issued a postgraduate training license under

this chapter.

7. "Telemedicine" means the practice of medicine using electronic communication,

information technologies, or other means between a licensee in one location and a

patient in another location, with or without an intervening health care provider.

"Telemedicine" includes direct interactive patient encounters, asynchronous

store-and-forward technologies, and remote monitoring.
N.D. Cent. Code § 43-28-18.1 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-18.1
43-28-18.1. Duty to report
Status: in_force

43-28-18.1. Duty to report

1. A dentist shall report to the board in writing within sixty days of the event any illegal,

unethical, or errant behavior or conduct of the dentist, including the following events,

proceedings, or formal or informal actions:

a. A dental malpractice judgment or malpractice settlement or a final judgment by a

court in favor of any party and against the licensee.

b. A final disposition regarding the surrender of a license, or adverse action taken

against a license by a licensing agency in another state, territory, or country; a

governmental agency; a law enforcement agency; or a court for an act or conduct

that would constitute grounds for discipline under this chapter.

c. A mortality or other incident occurring in an outpatient facility of the dentist which

results in temporary or permanent physical or mental injury requiring

hospitalization of the patient during or as a direct result of a dental procedure or

related use of general anesthesia, deep sedation, conscious sedation with a

parenteral drug, or enteral sedation.

d. An arrest by a law enforcement officer or criminal charges filed by a prosecutor.

2. A dentist shall advise the board in a timely manner if the dentist reasonably believes

another dentist has committed an illegal or immoral act or has otherwise failed to make

a report as required under subsection 1.
N.D. Cent. Code § 43-17-30 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-30
43-17-30. Payment of delinquent registration fee - Reinstatement
Status: repealed

43-17-30. Payment of delinquent registration fee - Reinstatement

Repealed by S.L. 2023, ch. 382, § 34.
N.D. Cent. Code § 43-41-07 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-07
43-41-07. Qualification for licensure by an applicant licensed in another jurisdiction
Status: in_force

43-41-07. Qualification for licensure by an applicant licensed in another jurisdiction

1. An applicant may be granted a license upon:

a. Satisfactory proof to the board that the applicant is licensed in good standing

under the laws of another jurisdiction that imposes substantially the same

requirements as this chapter; or

b. Determination of the board that at the time of application for licensure under this

section the applicant is licensed in good standing under the laws of another

jurisdiction and possesses qualifications or experience in the practice of social

work which are substantially similar to the minimum requirements for licensure

under this chapter.

2. The applicant shall pay the licensure fees specified by the board.
N.D. Cent. Code § 43-17.3-03 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-03
43-17.3-03. Physician health program requirements
Status: in_force

43-17.3-03. Physician health program requirements

In consultation with the board, the physician health program shall develop procedures for:

1. Periodic reporting of statistical information regarding physician health program activity.

2. Periodic disclosure and joint review of information the board deems appropriate

regarding reports received, contacts of investigations made, and the disposition of

each case. Except as expressly provided under this chapter, the physician health

program may not disclose any personally identifiable information about participants

other than board-ordered participants.

3. Immediate reporting to the board or governing institution the identity and results of any

contact or investigation concerning an impaired licensee or student who is believed to

constitute an imminent danger to the public or to the individual.

4. Reporting a licensee to the board, or student to the appropriate governing institute, in

a timely fashion, the identity and results of any contact or investigation concerning a

potentially impaired participant:

a. Who refuses to cooperate with the program;

b. Who refuses to submit to evaluation or treatment;

c. Who is not in compliance with a contractual treatment plan; or

d. Whose possible impairment is not substantially alleviated through treatment and:

(1) Who the program determines is unable to practice professionally with

reasonable skill and safety by reason of illness related to the abuse of

alcohol or other substances or as a result of any physical or mental

condition; or

(2) Who may pose a threat to the health or safety of any individual.

5. Reporting to the board, in a timely fashion, the identity of any licensee participant

regarding whom the program learns of the filing of any disciplinary charges or actions

or violations of chapter 43-17.

6. Entering contractual agreements with each participant in the program which make

clear the program procedures, the responsibilities of program participants, and the

consequences of noncompliance with the program or with contractual agreements,

including the program's reporting obligations to the board.

7. A policy by which a participant may obtain a second opinion review of

recommendations by the program regarding assessment, monitoring, or treatment.
N.D. Cent. Code § 43-30-06 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-06
43-30-06. License and registration applications
Status: in_force

43-30-06. License and registration applications

Every person who desires to obtain a license or registration, including nonlicensed

members, partners, officers, and owners of at least ten percent interest in the entity, shall apply

to the board on applications prepared and furnished by the board. Each application must include

the information required by the board and must be accompanied by the required fee. As a

requirement of receiving a license or registration, the board shall require each applicant to

submit to a state and nationwide criminal history background record check. The nationwide

criminal history background record check must be conducted in the manner provided in section
N.D. Cent. Code § 43-17-10 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-10
43-17-10. Failure to appear or testify - Penalty
Status: repealed

43-17-10. Failure to appear or testify - Penalty

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-15-42.3 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-42.3
43-15-42.3. Reporting requirements - Penalty
Status: in_force

43-15-42.3. Reporting requirements - Penalty

A pharmacist, pharmacy permitholder, pharmacy intern, pharmacy technician, health care

institution in the state, state agency, or law enforcement agency in the state having actual

knowledge that a pharmacist, pharmacy intern, or pharmacy technician may have committed

any of the grounds for disciplinary action provided by law or rules adopted by the board shall

promptly report that information in writing to the state board of pharmacy. A pharmacist,

pharmacy technician, or institution from which the pharmacist or pharmacy technician voluntarily

resigns, or voluntarily limits that individual's staff privileges, shall report the actions of the

licensee or registrant to the state board of pharmacy if that action occurs while the licensee or

registrant is under formal or informal investigation by the institution or a committee of the

institution for any reason related to possible professional incompetence, unprofessional

conduct, or mental or physical impairment. Upon receiving a report concerning a licensee or

registrant, the board's investigative committee may investigate any evidence that appears to

show a licensee or registrant is committing, or may have committed, any of the grounds for

disciplinary action provided by law or rules adopted by the board. A person required to report

under this section who 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 a person

who makes the report under this section is presumed. A report to the impaired pharmacist

program, the pharm-assist committee, of the North Dakota pharmacists association is

considered reporting under this section. 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. An agency or health care institution that violates this section is guilty of a

class B misdemeanor. A pharmacist, pharmacy permitholder, pharmacy intern, or pharmacy

technician who violates this section is guilty of a class B misdemeanor and is subject to

administrative action by the state board of pharmacy as specified by law or by rule.
N.D. Cent. Code § 43-37-17 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-17
43-37-17. Continuing professional education
Status: repealed

43-37-17. Continuing professional education

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-15-17 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-17
43-15-17. Qualifications for assistant registered pharmacist
Status: repealed

43-15-17. Qualifications for assistant registered pharmacist

Repealed by S.L. 1979, ch. 467, § 16.
N.D. Cent. Code § 43-28.1-01.1 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-01.1
43-28.1-01.1. Loan repayment program for dentists in public health and nonprofit dental clinics
Status: repealed

43-28.1-01.1. Loan repayment program for dentists in public health and nonprofit

dental clinics.

Repealed by S.L. 2015, ch. 303, § 6.
N.D. Cent. Code § 43-15-13.3 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-13.3
43-15-13.3. Rights of members of pharmaceutical association
Status: repealed

43-15-13.3. Rights of members of pharmaceutical association

Repealed by S.L. 2009, ch. 365, § 5.
N.D. Cent. Code § 43-09-09.1 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-09.1
43-09-09.1. Conviction not bar to licensure - Exceptions
Status: in_force

43-09-09.1. Conviction not bar to licensure - Exceptions

Conviction of an offense does not disqualify a person from licensure under this chapter

unless the board determines that the offense has a direct bearing upon a person's ability to

serve the public as an electrician or that, following conviction of any offense, the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-49-09 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-09
43-49-09. License - Display - Renewal - Renewal fee
Status: in_force

43-49-09. License - Display - Renewal - Renewal fee

Each license must be conspicuously displayed at the place of practice.

A license must be renewed before June first of each year. A license renewed June first or

later requires a late fee of fifty dollars or an amount established by the board. The

secretary-treasurer of the board shall notify in writing each licensed reflexologist as shown in the

records of the board at least thirty days before the expiration of the license. The notice must

include any requests for information as deemed necessary for renewal as required by the board.

The licensed reflexologist may renew a license by sending a renewal fee of the amount set by

the board, not to exceed one hundred dollars, to the secretary-treasurer of the board. The

licensed reflexologist shall submit proof of completing twelve continuing education credits during

the preceding three years.
N.D. Cent. Code § 43-41-06 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-06
43-41-06. Waiver of requirements
Status: repealed

43-41-06. Waiver of requirements

Repealed by S.L. 1997, ch. 379, § 8.
N.D. Cent. Code § 43-15.2-07 — ND Code / Title 43 / Chapter 43-15.2 / Section 43-15.2-07
43-15.2-07. Recordkeeping
Status: in_force

43-15.2-07. Recordkeeping

1. A participant shall retain separate records detailing the receipt, distribution, and

dispensing of legend drugs, devices, and supplies under this program.

2. The records of receipt must include:

a. The name and address of the donor;

b. The drug name and strength;

c. The manufacturer of the legend drugs, devices, or supplies;

d. The manufacturer lot number;

e. The drug expiration date;

f. The date received; and

g. The quantity received.

3. Records of distribution and dispensing must include:

a. The name and address of the participant;

b. The drug or device name;

c. The drug strength;

d. The quantity distributed;

e. The identity of the manufacturer of the legend drugs, devices, or supplies;

f. The manufacturer lot number;

g. The expiration date;

h. The date of distribution or dispensing; and

i. The name and address of the individual to whom the donated item was

distributed.

4. Records of dispensing must include:

a. The requirements for a prescription label; and

b. The manufacturer's lot number.
N.D. Cent. Code § 43-32-02 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-02
43-32-02. State board of psychologist examiners - How appointed - Qualifications
Status: in_force

43-32-02. State board of psychologist examiners - How appointed - Qualifications

The governor shall appoint a state board of psychologist examiners consisting of seven

members, all of whom are residents of the state. One board member must be designated a

public member who is a resident of this state, is at least twenty-one years of age, and is not

affiliated with any group or profession that provides or regulates health care in any form. Of the

remaining six board members, at least one member must be engaged primarily in providing

service in psychology, and at least one member must be engaged primarily in teaching, training,

or research in psychology. Except the public member, each member must be licensed under this

chapter for at least five years.
N.D. Cent. Code § 43-23.2-04 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-04
43-23.2-04. Hearings
Status: in_force

43-23.2-04. Hearings

The court shall conduct a hearing upon the filing of the application, which may be continued,

within the discretion of the court, for such period as the court may deem appropriate. At such

hearing the aggrieved person must be required to show that:

1. The person is not the spouse of the debtor, or the personal representative of such

spouse.

2. The person has complied with all the requirements of this chapter.

3. The person has obtained a judgment as set out in section 43-23.2-03, stating the

amount thereof and the amount owing thereon at the date of the application.

4. The person has made all reasonable searches and inquiries to ascertain whether the

judgment debtor is possessed of real or personal property or other assets which may

be sold or applied in satisfaction of the judgment.

5. By such search, the person has discovered no personal or real property or other

assets liable to be sold or applied, or that the person has discovered certain of them,

describing them, owned by the judgment debtor and liable to be so applied, and that

the person has taken all necessary action and proceedings for the realization thereof,

and that the amount thereby realized was insufficient to satisfy the judgment, stating

the amount so realized and the balance remaining due on the judgment after

application of the amount realized.

6. The person has diligently pursued available remedies against all the judgment debtors

and all other persons liable to the person in the transaction for which recovery is

sought from the real estate education, research, and recovery fund.

7. The person is making the application not more than one year after the judgment

becomes final.
N.D. Cent. Code § 43-17-33 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-33
43-17-33. Use of fraudulent device in obtaining a license - Fraudulent impersonation of physician - Penalty
Status: repealed

43-17-33. Use of fraudulent device in obtaining a license - Fraudulent impersonation

of physician - Penalty.

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-03-25 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-25
43-03-25. Use of additional funds for landscape architect regulation
Status: repealed

43-03-25. Use of additional funds for landscape architect regulation

Repealed by S.L. 2009, ch. 358, § 20.
N.D. Cent. Code § 43-53-07 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-07
43-53-07. Examination
Status: in_force

43-53-07. Examination

1. The board shall conduct an examination at least once a year at a time and place

designated by the board. Examinations may be written or oral as determined by the

board. The board may create its own examination or adopt a nationally recognized

examination. In any written examination each applicant must be designated so that the

applicant's name is not disclosed to the board until the examination has been graded.

Examinations must include questions in such theoretical and applied fields as the

board determines most suitable to test an applicant's knowledge and competence to

engage in the practice of marriage and family therapy. An applicant is deemed to have

passed an examination upon affirmative vote of at least four members of the board.

2. Any applicant who fails an examination conducted by the board may not be admitted

to a subsequent examination for a period of at least six months.
N.D. Cent. Code § 43-09-22 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-22
43-09-22. Inspection of installation - Condemnation
Status: in_force

43-09-22. Inspection of installation - Condemnation

1. The board has jurisdiction over and shall provide inspection for all electrical

installations. The board has jurisdiction over and shall provide inspection for all power

limited system installations. If there is a disagreement between an electrician and an

inspector over interpretation or over a correction for violation issued by any inspector,

the executive director of the board shall review the identified disagreement and render

a final decision, which either party may appeal to the board.

2. The executive director of the board, as authorized by the board, may condemn

installations hazardous to life and property or may order specific corrections to be

made. The executive director may order disconnection of service after notice to the

owner of the property. The order is subject to the owner's right of appeal to the board.

A condemned installation may not be reconnected for service until proof has been

furnished that the installation has been brought up to the required standards.

3. The board may charge a master electrician, class B electrician, or power limited

electrician responsible for the installation a fee for inspections.

4. A city may make provisions for inspection of all electrical and power limited systems

installed within the corporate limits of the city. A city shall register the name of the

inspector with the board within ten days of appointment. A city may not require

inspection of an installation that is outside the jurisdiction of the board.
N.D. Cent. Code § 43-04-10 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-10
43-04-10. Board to employ necessary inspectors and assistants
Status: in_force

43-04-10. Board to employ necessary inspectors and assistants

The board may employ such inspectors, clerks, and other assistants as it may deem

necessary to carry out the provisions of this chapter.
N.D. Cent. Code § 43-38-04 — ND Code / Title 43 / Chapter 43-38 / Section 43-38-04
43-38-04. Penalty
Status: in_force

43-38-04. Penalty

Any person who holds out as an electrologist or an electronic hair removal technician

without having met the requirements and without an annual license or violates any of the

provisions of this chapter or rules and regulations promulgated hereunder is guilty of an

infraction.
N.D. Cent. Code § 43-04-31.2 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-31.2
43-04-31.2. Restricted barber license - Requirements
Status: in_force

43-04-31.2. Restricted barber license - Requirements

1. An individual may apply for a restricted barber license if the applicant:

a. Has not been disciplined relating to the practice of barbering in the previous five

years;

b. Passes a written examination of the laws and rules governing practice in the

state, as established by the board; and

c. Has a background in barbering as demonstrated by:

(1) Successfully completing a restricted barber course, as established by the

board, at a licensed barbering school or a barbering program within the

public school system; or

(2) Holding, within the previous five years, an active and valid license to

practice barbering in another state or country.

2. A licensed restricted barber shall work in a licensed host shop and may not own or

operate a shop.

3. An individual may practice barbering while awaiting results of the examination under

this section, if the individual is under the supervision of a licensed barber in a licensed

barbershop, subject to the following:

a. An individual who fails the examination on the individual's first attempt may

continue practicing under the supervision of a licensed barber in a licensed

barbershop, provided the individual applies for the next examination;

b. The individual may continue to practice under the licensed barber until the

individual receives the results of the second examination; and

c. An individual may not continue to practice under this subsection if the individual

fails to pass the examination on the second attempt.
N.D. Cent. Code § 43-37-14 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-14
43-37-14. Renewal of license
Status: repealed

43-37-14. Renewal of license

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-28.1-10 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-10
43-28.1-10. New practices - Grants
Status: repealed

43-28.1-10. New practices - Grants

Repealed by S.L. 2015, ch. 303, § 6.
N.D. Cent. Code § 43-10-06.1 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-06.1
43-10-06.1. State board of funeral service to establish means of disposition
Status: in_force

43-10-06.1. State board of funeral service to establish means of disposition

The state board of funeral service shall provide by rule for the appropriate means of

disposition for cremated remains held by a funeral home that have not been claimed as

provided in section 43-10-26.
N.D. Cent. Code § 43-10-03 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-03
43-10-03. Officers of board - Compensation of members - Treasurer's bond
Status: in_force

43-10-03. Officers of board - Compensation of members - Treasurer's bond

The members of the board may elect from their number a president, a secretary, and a

treasurer. The treasurer must be bonded for the faithful discharge of the treasurer's duties in the

sum of two thousand dollars. The members shall receive their actual traveling expenses which

may not exceed the amount specified in section 54-06-09 and other necessary expenses.
N.D. Cent. Code § 43-39-10 — ND Code / Title 43 / Chapter 43-39 / Section 43-39-10
43-39-10. Grounds for denial, suspension, or revocation of license - Application of chapter
Status: in_force

43-39-10. Grounds for denial, suspension, or revocation of license - Application of

chapter.

1. The board may refuse to issue a license to an applicant or may suspend or revoke the

license of a licensee if the applicant or licensee:

a. Has been convicted of a felony or misdemeanor involving moral turpitude, the

record of a conviction being conclusive evidence of conviction.

b. Uses alcohol or narcotic drugs to the extent that the use affects the person's

professional competency.

c. Has obtained or attempted to obtain a license by fraud, deceit, or material

misrepresentation.

d. Is guilty of treating or undertaking to treat an individual's injury or illness, except

as authorized pursuant to this chapter, or undertaking to practice independent of

the guidance or rehabilitation order of a licensed physician, or is guilty of any act

derogatory to the dignity and morals of the profession of athletic training.

2. Nothing in this chapter shall be construed to authorize the practice of medicine by any

person. The provisions of this chapter do not apply to physicians licensed by the North

Dakota board of medicine; to dentists, duly qualified and registered under the laws of

this state who confine their practice strictly to dentistry; to licensed optometrists who

confine their practice strictly to optometry as defined by law; to licensed chiropractors

who confine their practice strictly to chiropractic as defined by law; to occupational

therapists who confine their practice to occupational therapy; to nurses who practice

nursing only; to duly licensed chiropodists or podiatrists who confine their practice

strictly to chiropody or podiatry as defined by law; to registered physical therapists; to

massage therapists in their particular sphere of labor; nor to commissioned or contract

physicians or physical therapists or physical therapists' assistants in the United States

army, navy, air force, marine corps, and public health and marine health service.

3. The provisions of this chapter shall not apply to persons coming into this state for a

specific athletic event or series of athletic events with an individual or group not based

in this state.

4. Nothing in this chapter shall be construed to prevent schools, YMCA organizations,

athletic clubs, and similar organizations from furnishing athletic training services to

their students, players, or members.
N.D. Cent. Code § 43-02.2-13 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-13
43-02.2-13. Injunctions against unlawful acts
Status: in_force

43-02.2-13. Injunctions against unlawful acts

If as a result of an investigation, the board believes that any person or firm has engaged, or

is about to engage, in any acts or practices which constitute or will constitute a violation of this

chapter, the board may make application to the appropriate court for an order enjoining such

acts or practices, and upon a showing by the board that such person or firm has engaged, or is

about to engage, in any such acts or practices, an injunction, restraining order, or other

appropriate order must be granted by the court.
N.D. Cent. Code § 43-06-16 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-16
43-06-16. Duties of chiropractor
Status: in_force

43-06-16. Duties of chiropractor

Every licensed chiropractor practicing in this state shall:

1. Observe all state and municipal regulations relating to the control of contagious and

infectious diseases.

2. Sign death and birth certificates.

3. Sign certificates pertaining to public health.

4. Report to the proper health officer in the manner required of licensed physicians.

All certificates signed by a chiropractor licensed to practice in this state are of the same force

and effect as those signed by other licensed physicians.
N.D. Cent. Code § 43-09-12 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-12
43-09-12. Examination - Requirements
Status: in_force

43-09-12. Examination - Requirements

Each applicant for an electrician's license shall pay the examination fee and shall take an

oath and submit written evidence that the applicant has had the required experience.
N.D. Cent. Code § 43-02.2-04 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-04
43-02.2-04. Certified public accountants
Status: in_force

43-02.2-04. Certified public accountants

1. The board shall grant the certificate of "certified public accountant" to any person who

meets the requirements of this section.

2. The board may not grant a certificate if the applicant has been convicted of a felony, or

of any crime an element of which is dishonesty or fraud, under the laws of the United

States, this state, or any other state if the acts involved would have constituted a crime

under the laws of this state.

3. The board shall grant or renew certificates to persons who make application and

demonstrate that their qualifications are in accordance with the following:

a. The board shall issue a certificate to a holder of a certificate, license, or permit

issued by another state, upon a showing that the applicant is eligible under the

substantial equivalency standard set out in subsection 1 of section 43-02.2-04.1.

An application under this section may be made through the NASBA qualification

appraisal service.

b. With regard to applicants that do not qualify for reciprocity under the substantial

equivalency standard set out in subdivision a, the board shall issue a certificate to

a holder of a certificate, license, or permit issued by another state upon a

showing that:

(1) The applicant passed the uniform CPA examinations;

(2) The applicant had four years of experience of the type described in

subsection 14 or meets comparable requirements prescribed by the board

by rule, after passing the examination upon which the applicant's certificate

was based and within ten years immediately preceding the application; and

(3) If the applicant's certificate, license, or permit was issued more than four

years prior to the application for issuance of an initial certificate under this

section, that the applicant has fulfilled the requirements of continuing

professional education that would have been applicable under

subsection 15.

c. The applicant shall pay the applicable fee.

d. An individual who establishes that individual's principal place of business in this

state must obtain a certificate under this section.

4. The board shall issue a certificate to a holder of a recognized accounting designation

from a jurisdiction or organization outside of the United States, provided such

jurisdiction or organization extends similar reciprocity to the certificate holders of this

state, and upon a showing to the board's satisfaction that the applicant:

a. Meets the substantial equivalent of the education requirements of subsection 5

and the experience requirements of subsection 14 at the time of application, or at

the time of the issuance of the designation by the other jurisdiction or

organization met the education and experience requirements then applicable in

this state;

b. Has completed examinations generally equivalent to those prescribed under

subsection 6;

c. Has satisfactorily completed any additional examinations that the board

prescribes; and

d. Has paid the applicable fees.

5. The education requirement for a certificate is at least one hundred fifty semester hours

of college education including a baccalaureate or higher degree or its equivalent

conferred by a college or university acceptable to the board, the total educational

program to include an accounting concentration or equivalent as determined by board

rule to be appropriate.

6. The examination required to be passed as a condition for the granting of a certificate

must test the applicant's knowledge of the subjects of accounting and auditing. The

time for holding the examination must be fixed by the board and may be changed from

time to time. The board may prescribe by rule the methods of applying for and

conducting the examination, including methods for grading papers and determining a

passing grade required of an applicant for a certificate provided that the board to the

extent possible sees to it that the grading of the examination and the passing grade

requirements are uniform with those applicable in all other states. The board may use

all or any part of the uniform certified public accountant examination and advisory

grading service of the American institute of certified public accountants and may

contract with third parties to perform administrative services with respect to the

examination it deems appropriate to assist it in performing its duties. The board may

permit a candidate to take the examination if the candidate has at least one hundred

twenty semester hours of college education.

7. An applicant must pass the examination provided for in subsection 6, as specified by

rule, in order to qualify for a certificate.

8. An applicant must be given credit for any and all sections of an examination passed in

another state if such credit would have been given under then applicable

requirements, if the applicant had taken the examination in this state.

9. The board may in particular cases waive or defer any of the requirements of

subsections 7 and 8 regarding the circumstances under which the examination must

be passed, upon a showing that, by reason of circumstances beyond the applicant's

control, the applicant was unable to meet the requirement.

10. The board may charge, or provide for a third party administering the examination to

charge, each applicant a fee, in an amount prescribed by the board by rule, for

examination or re-examination.

11. A certificate of certified public accountant must be renewed each year, with renewal

subject to payment of fees and any other requirements prescribed by the board.

12. The board may require examination of other related subjects as specified by rule.

13. Applicants for initial issuance or renewal of certificates under this section shall list in

the applications all states and jurisdictions in which they have applied for or hold

certificates or permits or other recognized accounting designation, and each holder of

or applicant for a certificate under this section shall notify the board in writing, within

thirty days after its occurrence, of any issuance, denial, revocation, or suspension of a

certificate or permit or other recognized accounting designation by another state or

jurisdiction.

14. After December 31, 2000, an applicant for initial issuance of a certificate under this

section shall show that the applicant has had one year of experience. This experience

must include providing any type of service or advice involving the use of accounting,

attest, management advisory, financial advisory, tax, or consulting skills. This

experience must be verified and must meet any other requirements prescribed by the

board by rule. This experience is acceptable if it was gained through employment in

government, industry, academia, or public accounting. This experience requirement

does not apply to those who received a certificate from this state prior to January 1,

2000.

15. The board may require by rule, as a condition for granting and renewal of certificates

under this section, that applicants show completion of continuing education meeting

requirements of board rule. The continuing education rules may include provisions for

exceptions and must include reasonable provision for an applicant who cannot meet

the continuing education requirements due to circumstances beyond the applicant's

reasonable control.

16. The board may by rule create an exception to the continuing education requirements

for certificate holders who do not perform or offer to perform for the public one or more

kinds of services involving the use of accounting or auditing skills, including issuance

of reports on financial statements or of one or more kinds of management advisory,

financial advisory or consulting services, or the preparation of tax returns or the

furnishing of advice on tax matters. Licensees granted such an exception by the board

shall place the word "inactive" adjacent to the licensee's CPA title or LPA title on any

business card, letterhead or any other document or device, with the exception of the

licensee's CPA or LPA certificate, on which the licensee's CPA or LPA title appears. In

addition, inactive CPAs, in lieu of "inactive", may place the word "retired" adjacent to

the individual's CPA title or LPA title on any business card, letterhead or any other

document or device, with the exception of the individual's CPA or LPA certificate, on

which the individual's CPA or LPA title appears. Nothing in this section precludes an

inactive CPA, from providing the following volunteer, uncompensated services: tax

preparation services, participating in a government-sponsored business mentoring

program, serving on the board of directors for a nonprofit or governmental

organization, or serving on a government-appointed advisory body. A licensee only

may convert to inactive status if the licensee holds a license in good standing.
N.D. Cent. Code § 43-40.1-06 — ND Code / Title 43 / Chapter 43-40.1 / Section 43-40.1-06
43-40.1-06. Active duty military personnel or their spouses
Status: in_force

43-40.1-06. Active duty military personnel or their spouses

Active duty military personnel, or their spouses, shall designate a home state where the

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

designation during the period the service member is on active duty. Subsequent to designating

a home state, the individual only shall change their home state through application for licensure

in the new state or through the process described in section 43-40.1-05.
N.D. Cent. Code § 43-15.1-02 — ND Code / Title 43 / Chapter 43-15.1 / Section 43-15.1-02
43-15.1-02. Prohibited drug purchase or receipt - Penalty
Status: in_force

43-15.1-02. Prohibited drug purchase or receipt - Penalty

No person may knowingly purchase or receive any prescription drug from any source other

than a wholesale drug distributor, manufacturer, pharmacy distributor, pharmacy, or other

person licensed pursuant to the laws of this state except when otherwise provided. A person

violating this section is guilty of a class A misdemeanor. A second violation is a class C felony.
N.D. Cent. Code § 43-11-28 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-28
43-11-28. Fees and qualifications
Status: in_force

43-11-28. Fees and qualifications

1. The board shall determine the qualifications for licensure of cosmetologists,

estheticians, advanced estheticians, manicurists, instructors, establishments,

independent licensees, and schools, and may issue licenses upon approval.

2. Fees to be paid by applicants as required under this chapter may not exceed the

following amounts:

a. Fees: MAXIMUM FEE:

(1) Establishment, original license $150.00

(2) Establishment, annual renewal $100.00 per year

(3) Independent licensee, original license $150.00

(4) Independent licensee, annual renewal $100.00 per year

(5) School, original license $550.00

(6) School, annual renewal $250.00 per year

(7) Advanced esthetician, original license $50.00

(8) Advanced esthetician, annual renewal $50.00 per year

(9) Cosmetologist, original license $50.00

(10) Cosmetologist, annual renewal $50.00 per year

(11) Master cosmetologist, original license $50.00

(12) Master cosmetologist, annual renewal $50.00 per year

(13) Esthetician, original license $50.00

(14) Esthetician, annual renewal $50.00 per year

(15) Master esthetician, original license $50.00

(16) Master esthetician, annual renewal $50.00 per year

(17) Instructor, original license $50.00

(18) Instructor, renewal $50.00 per year

(19) Manicurist, original license $50.00

(20) Manicurist, annual renewal $50.00 per year

(21) Master manicurist, original license $50.00

(22) Master manicurist, annual renewal $50.00 per year

(23) Duplicate license $20.00

(24) Individual or business name change $20.00

(25) Reciprocity license fee $105.00

(26) Registration fee for apprentice $15.00

(27) Registration fee for apprentice trainer $25.00

(28) Registration fee for student $15.00

(29) Reinspection fee $75.00

(30) Transcript fee $20.00

(31) Verification fee $20.00

b. Late fees

(1) Individual late renewal within one year $50.00

(2) Individual late renewal after $150.00

one year but before five years

(3) Establishment late renewal within one year $50.00

(4) Independent licensee late renewal within one year $50.00

(5) Establishment late renewal after one year $100.00 per year expired

(6) Independent licensee late renewal $100.00 per year expired

after one year

(7) School late renewal within thirty days $50.00

3. The examination administrator shall set and collect examination fees and the applicant

shall pay the fee.

4. Fees are not prorated or returnable.

5. The board may establish continuing education requirements for cosmetologists,

estheticians, advanced estheticians, manicurists, and instructors. The board may

adopt rules related to continuing education hours for each license type under this

section.

6. The board shall sponsor an educational program for licenseholders to carry out the

purposes of protecting the public health and safety and maintaining capable and

skilled cosmetologists, estheticians, advanced estheticians, manicurists, and

instructors. The board shall use such portion of the renewal fees as the board may

determine for the purpose of providing the educational program.

7. A licensee who has maintained an active license issued by this board for forty-five

years or more and who is no longer engaged in the active practice of the profession

may apply to the board for a legacy status of license not less than ninety days prior to

the expiration of their license. Licenses with legacy status expire on December thirty-

first of each year and must be renewed annually for a fee of twenty-five dollars. While

in legacy status, continuing education hours are not required for renewal. Legacy

status does not apply to an instructor license, establishment license, or independent

licensee license. A licensee may remove legacy status by:

a. Applying to the board and paying the applicable renewal fee; and

b. Taking the required annual continuing education hours if applicable.
N.D. Cent. Code § 43-10-23 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-23
43-10-23. Inspections - Hearings - Revocations - Appeal
Status: in_force

43-10-23. Inspections - Hearings - Revocations - Appeal

The funeral establishment, or that part of a funeral establishment in which is conducted or

intended to be conducted any funeral service business, must be open at all times for inspection

by the board or the department of health and human services. The board or agents employed

by it and the department of health and human services may make such inspections as are

necessary of facilities and equipment of funeral establishments to ensure compliance with

safety and sanitary rules adopted by the board or any other rules or federal regulations

pertaining to funeral service whenever either deems the inspection advisable. The board may

subpoena witnesses, administer oaths, and take testimony. All proceedings under this section

must be conducted in accordance with chapter 28-32. The board may, after a hearing, revoke,

suspend, or refuse to issue or renew a license upon good cause. A person aggrieved by the

action of the board may appeal to the district court of the county in which the person resides or

the district court of Burleigh County in accordance with chapter 28-32.
N.D. Cent. Code § 43-51-02 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-02
43-51-02. Location of practice of an occupation or profession
Status: in_force

43-51-02. Location of practice of an occupation or profession

The provision of services to an individual in this state which fall within the standard of

practice of a profession or occupation regulated by a board, regardless of the means by which

the services are provided or the physical location of the person providing those services,

constitutes the practice of that occupation or profession in this state and is subject to regulation

by the appropriate board in this state.
N.D. Cent. Code § 43-10-13 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-13
43-10-13. License - When granted - Fee - Signed by majority of board - Nontransferable - Where displayed
Status: in_force

43-10-13. License - When granted - Fee - Signed by majority of board -

Nontransferable - Where displayed.

The board shall grant a license to practice funeral service if the applicant:

1. Has the required qualifications;

2. Has passed the required examination; and

3. Has paid to the treasurer of the board a sum of not more than two hundred dollars, as

established by the board.

The license must be signed by a majority of the board, be attested by the board's seal, and

specify by name the person to whom it is issued. A license is nonassignable, nontransferable,

and must be displayed where it can be observed by the public.
N.D. Cent. Code § 43-11-12 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-12
43-11-12. Employees of board
Status: in_force

43-11-12. Employees of board

The board may employ support staff and other individuals knowledgeable in cosmetology

for conducting examinations, inspections, and investigations of licensees regulated under this

chapter. Any individual employed by the board is entitled to receive expenses in the amounts

payable under sections 44-08-04 and 54-06-09.
N.D. Cent. Code § 43-10-15.4 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-15.4
43-10-15.4. Intern embalmer - Application - Qualifications
Status: in_force

43-10-15.4. Intern embalmer - Application - Qualifications

1. The board shall issue a certificate of registration as an intern embalmer to each

applicant who files an application upon a form and in a manner the board prescribes,

accompanied by a fee not to exceed fifty dollars, and who furnishes sufficient evidence

to the board that the applicant:

a. Is at least eighteen years of age;

b. Is of good moral character;

c. Has completed an accredited four-year high school course of study;

d. Has completed one year of accredited college or university studies; and

e. Has been accepted to attend or is enrolled in an accredited college of mortuary

science, or has graduated from an accredited college of mortuary science.

2. An intern embalmer may not practice for more than six months before attending an

accredited college of mortuary science.
N.D. Cent. Code § 43-30-08 — ND Code / Title 43 / Chapter 43-30 / Section 43-30-08
43-30-08. Duplicate licenses
Status: in_force

43-30-08. Duplicate licenses

If a loss of a license is shown to the satisfaction of the board, a duplicate thereof must be

issued by the board upon payment of the required fee.
N.D. Cent. Code § 43-07-12 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-12
43-07-12. Bids to show license issued
Status: in_force

43-07-12. Bids to show license issued

1. All bids and proposals for the construction of any public contract project subject to this

chapter must contain a copy of the license or certificate for the current contractor year

of the license issued by the registrar, enclosed in the required bid bond envelope. A

contract may not be awarded to any contractor unless the contractor is the holder of a

license in the class within which the value of the project falls as provided under this

section. A contractor must be the holder of a license at least ten days before the date

set for receiving bids, to be a qualified bidder. A bid submitted without this information

properly enclosed in the bid bond envelope may not be read or considered and must

be returned to the bidder.

2. This section does not apply to bids submitted:

a. To the department of transportation;

b. To the public service commission; or

c. For use of federal aid highway funds authorized by Public Law No. 85-767

[72 Stat. 885; 23 U.S.C. 101 et seq.].
N.D. Cent. Code § 43-06-02 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-02
43-06-02. Who is exempt from the provisions of this chapter
Status: in_force

43-06-02. Who is exempt from the provisions of this chapter

This chapter does not apply to:

1. Chiropractors from the District of Columbia, or other states, territories, or countries

who are in actual consultation in this state.

2. Students enrolled in an approved and accredited doctor of chiropractic program, who

qualify for the preceptorship program. Under this exception:

a. The student shall perform the duties of an intern under the supervision of a

chiropractor licensed in the state of North Dakota.

b. The student and the licensed chiropractor shall meet the requirements

established for the preceptorship by an approved and accredited doctor of

chiropractic program and must be approved by the program and by the board.

3. A graduate of a program who has not completed the examination requirements in

section 43-06-10.1 who applies for a graduate internship under this exception:

a. The graduate, under the supervision of a North Dakota licensed chiropractor,

shall perform the duties of an intern.

b. The graduate shall submit an initial application for North Dakota licensure.

c. The graduate must be sponsored by a chiropractor with a current and valid North

Dakota license in good standing, including no active complaints, with at least

three years of experience.

d. The graduate and the licenseholder shall provide proof of malpractice insurance.

e. The graduate intern authorization granted by the board terminates within fifteen

months from the date issued by the board.

4. Nothing in this chapter is to be construed to impinge upon the practice of medicine by

a physician and surgeon or an osteopathic physician and surgeon who has adequate

training in the use of manipulative and adjustive procedures of the spine and

appendicular skeleton.

5. A chiropractor who is licensed in another jurisdiction of the United States or

credentialed to practice chiropractic in another country if that chiropractor is teaching,

demonstrating, or providing chiropractic in connection with teaching or participating in

an educational seminar in the state for no more than sixty days in a calendar year.

6. A chiropractor who is licensed in another jurisdiction of the United States or

credentialed to practice chiropractic in another country if that chiropractor is practicing

chiropractic in North Dakota as a member of the health care team for a sports, cultural,

or performing arts group. Treatment may only be performed on members of the team

or group the chiropractor is traveling with, for no more than sixty days in a calendar

year.
N.D. Cent. Code § 43-40-16 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-16
43-40-16. Suspension and revocation of license - Refusal to renew
Status: in_force

43-40-16. Suspension and revocation of license - Refusal to renew

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke

a license or may impose probationary conditions if the licensee or applicant for license

has been found guilty of unprofessional conduct. Unprofessional conduct includes:

a. Obtaining a license by means of fraud, misrepresentation, or concealment of

material facts.

b. Being guilty of unprofessional conduct as defined by the rules adopted by the

board, or violating any code of ethics adopted by the board.

c. Being convicted of an offense, as defined by section 12.1-01-04, that the board

determines has a direct bearing upon a person's ability to serve the public as an

occupational therapist or an occupational therapy assistant or, following

conviction of any offense, if the board determines that the person is not

sufficiently rehabilitated under section 12.1-33-02.1.

d. Violating any lawful order or rule rendered or adopted by the board.

e. Violating this chapter or the rules promulgated by the board.

f. A pattern of inappropriate practice as an occupational therapist or occupational

therapy assistant.

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

connected with the practice of occupational therapy.

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

occupational therapy.

i. Gross negligence in the practice of occupational therapy.

2. A refusal to renew, suspension, revocation, or imposition of probationary conditions

upon a license may be ordered by the board after a hearing under chapter 28-32. An

application for reinstatement may be made to the board one year from the date of the

revocation of a license. The board may accept or reject an application for

reinstatement, and may hold a hearing to consider such reinstatement.
N.D. Cent. Code § 43-28-12 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-12
43-28-12. Examination - Subjects covered
Status: repealed

43-28-12. Examination - Subjects covered

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-15.4-02 — ND Code / Title 43 / Chapter 43-15.4 / Section 43-15.4-02
43-15.4-02. Exemptions
Status: in_force

43-15.4-02. Exemptions

The provisions of this chapter do not apply to the following:

1. A pharmacist or a pharmacy participating in the practice of pharmacy.

2. A licensed veterinarian or a veterinarian's practice.
N.D. Cent. Code § 43-29-07.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-07.1
43-29-07.1. Requirements for veterinary technician licensure
Status: in_force

43-29-07.1. Requirements for veterinary technician licensure

The board may grant a license to practice veterinary technology to an applicant who:

1. Is a graduate of an approved program of veterinary technology or completed an

equivalency program of veterinary technology as established by the board by rule;

2. Passes the veterinary technician national examination;

3. Passes the state board examination;

4. Has no grounds for license refusal under section 43-29-14; and

5. Meets any additional requirements for licensure established by the board by rule.
N.D. Cent. Code § 43-37-15 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-15
43-37-15. Fees
Status: repealed

43-37-15. Fees

Repealed by S.L. 1983, ch. 489, § 11.
N.D. Cent. Code § 43-36-23 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-23
43-36-23. Right to practice
Status: in_force

43-36-23. Right to practice

No person may practice or offer to practice professional soil classifying as defined by this

chapter unless the person is duly registered to practice under or exempt from the provisions of

this chapter.
N.D. Cent. Code § 43-23-10 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-10
43-23-10. Nonresident brokers - Reciprocity - Consent to service
Status: in_force

43-23-10. Nonresident brokers - Reciprocity - Consent to service

A nonresident broker regularly engaged in the real estate business as a vocation and who

maintains a definite place of business and is licensed in another state may not be required to

maintain a place of business within this state. The commission shall recognize the license

issued to a real estate broker by another state as satisfactorily qualifying the nonresident broker

for license as a broker; provided, the nonresident broker has qualified for license in the broker's

own state. Every nonresident applicant shall file an irrevocable consent that suits and actions

may be commenced against the applicant in the proper court of any county of the state in which

a claim for relief may arise, in which the plaintiff may reside, by the service of any process or

pleading authorized by the laws of this state, on any member of the commission, or the

executive director, the consent stipulating and agreeing service of the process or pleading is

taken and held in all courts to be as valid and binding as if due service had been made upon the

applicant in this state. The consent must be duly acknowledged. Any service of process or

pleading must be by duplicate copies, one of which must be filed in the office of the commission

and the other immediately forwarded by registered mail to the last-known main office of the

applicant against whom the process or pleading is directed, and no default in the proceedings or

action may be taken except upon affidavit or certificate of the commission or the executive

director, that a copy of the process or pleading was mailed to the defendant as required under

this section, and judgment by default may not be taken in any such action or proceeding until

after thirty days from the date of mailing of the process or pleading to the nonresident

defendant.
N.D. Cent. Code § 43-48-05 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-05
43-48-05. Board of clinical laboratory practice - Administration
Status: in_force

43-48-05. Board of clinical laboratory practice - Administration

1. There is hereby created a North Dakota board of clinical laboratory practice which

shall consist of seven persons appointed by the governor, who must be residents of

the state for at least two years prior to their appointment and who, except for the

consumer members, must be currently engaged in their area of practice.

2. The board must be composed of:

a. One physician licensed to practice medicine in the state and qualified to practice

as a pathologist.

b. The following laboratory persons, whose names may be included on a list of such

persons qualified to serve submitted to the governor by the North Dakota society

for medical technology or other interested persons, such list to contain at least

three names for each vacancy:

(1) One administrative nonphysician clinical laboratory director;

(2) One clinical laboratory scientist; and

(3) One clinical laboratory technician.

c. Two consumer members, each of whom must be a citizen of the United States, a

resident of North Dakota for at least two years before the date of appointment,

and a current resident of North Dakota.

d. The state health officer or such officer's designee, ex officio.

3. The members of the board shall serve for terms of three years.

4. Each member of the board shall qualify by taking the oath required by civil officers and

shall hold office until the successor is duly appointed and qualified.

5. The governor may remove any board member for good cause after giving that member

a written statement of the reason for removal and after the member has had an

opportunity for hearing.

6. Whenever any board vacancy shall occur, the appointment authority shall in the same

manner as the prior appointment, appoint a successor of like qualifications for the

remainder of the unexpired term.

7. The board must be authorized to appoint subcommittees which must be representative

of the various disciplines licensed under this chapter to assist, advise, and make

recommendations to the board.

8. The board shall meet at least once during the first three months of each calendar year

and at least one additional meeting must be held before the end of each calendar year.

Other meetings may be convened at the call of the board chairperson or the written

request of any three board members.

9. In addition to the expenses incurred while engaged in the performance of their duties,

each board member shall receive a per diem fee set by the board, not to exceed the

fee established by law for the legislative assembly.
N.D. Cent. Code § 43-23.1-15 — ND Code / Title 43 / Chapter 43-23.1 / Section 43-23.1-15
43-23.1-15. Revocation
Status: in_force

43-23.1-15. Revocation

1. A registration may be revoked after notice and hearing upon a written finding of fact

that the subdivider has:

a. Failed to comply with the terms of a cease and desist order;

b. Been convicted of an offense determined by the commission to have a direct

bearing upon a person's ability to serve the public as a real estate subdivider, or

the commission determines, following conviction of any offense, that the person is

not sufficiently rehabilitated under section 12.1-33-02.1;

c. Disposed of, concealed, or diverted any funds or assets of any person so as to

defeat the rights of subdivision purchasers;

d. Failed faithfully to perform any stipulation or agreement made with the

commission as an inducement to grant any registration, to reinstate any

registration, or to approve any promotional plan or public offering statement; or

e. Made intentional misrepresentations or concealed material facts in an application

for registration. Findings of fact, if set forth in statutory language, must be

accompanied by a concise and explicit statement of the underlying facts

supporting the findings.

2. If the commission finds after notice and hearing that the subdivider has been guilty of a

violation for which revocation could be ordered, it may issue a cease and desist order

instead.
N.D. Cent. Code § 43-06-18 — ND Code / Title 43 / Chapter 43-06 / Section 43-06-18
43-06-18. State's attorney to enforce law
Status: in_force

43-06-18. State's attorney to enforce law

The state's attorney of each county in this state shall enforce section 43-06-19 and

prosecute all violations of this section, and the executive director of the board, under the

direction of the board, shall aid in the enforcement of this chapter.
N.D. Cent. Code § 43-32-16 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-16
43-32-16. Board to keep records
Status: in_force

43-32-16. Board to keep records

1. The board shall keep a record of its proceedings and a register of all applicants for

licensing which must show:

a. The name, date of birth, and residence of each applicant.

b. The date of each applicant's application.

c. The place of business of each applicant.

d. A summary of the educational and other qualifications of each applicant.

e. Whether an examination was required of an applicant.

f. Whether a license was granted to an applicant.

g. The date of the action of the board.

h. Any information the board determines necessary or advisable in aid of the

requirements of this subsection.

2. Except as otherwise provided by law, the records of the board are public records and

evidence of the proceedings of the board, and a transcript of board proceedings, duly

certified by the secretary of the board is admissible in evidence with the same effect as

if the original were produced.
N.D. Cent. Code § 43-17.3-08 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-08
43-17.3-08. Liability
Status: in_force

43-17.3-08. Liability

1. Notwithstanding any other provision of law, the board, the physician health program,

committee or designated agency, or delegated individuals and members of any of

these entities are not liable to any person for any acts, omissions, or recommendations

made in good faith within the scope of responsibilities pursuant to this chapter.

2. A person that in good faith and without malice which makes a report to the physician

health program or the board under this section is not liable to any person for that

report.
N.D. Cent. Code § 43-23.2-03 — ND Code / Title 43 / Chapter 43-23.2 / Section 43-23.2-03
43-23.2-03. Claims against fund - Orders for payment
Status: in_force

43-23.2-03. Claims against fund - Orders for payment

When any aggrieved person obtains a final judgment in any court of competent jurisdiction

against any person licensed under chapter 43-23, on grounds of fraudulent, deceptive, or

dishonest practices, or conversion of trust funds arising directly out of any act or transaction

when the judgment debtor was licensed and performed acts for which a license is required

under chapter 43-23, the aggrieved person may, upon obtaining such final judgment, file an

application in the court in which the judgment was entered for an order directing payment out of

the fund in the amount of the actual and direct loss up to the sum of fifteen thousand dollars,

unpaid on the judgment, provided that nothing contained within this chapter may be construed

to obligate the fund for more than fifteen thousand dollars per transaction regardless of the

number of persons aggrieved or parcels of real estate involved in the transaction. The

application must be verified and must be served on the commission and upon the judgment

debtor and an affidavit of service filed with the court.
N.D. Cent. Code § 43-20-10 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-10
43-20-10. State board of dental examiners - Authority - Duty
Status: in_force

43-20-10. State board of dental examiners - Authority - Duty

The board has the power and it is its duty to enforce the provisions of this chapter. The

board has the power to make such rules and regulations, not inconsistent with this chapter, as

may, in its judgment, be necessary for the proper enforcement of this chapter, and the

examination of dental hygienists and registered and qualified dental assistants for their conduct

and practice. For purposes of this chapter, the board has the powers set forth in section

43-28-06.
N.D. Cent. Code § 43-15.3-13 — ND Code / Title 43 / Chapter 43-15.3 / Section 43-15.3-13
43-15.3-13. Compounding provided by an outsourcing facility
Status: in_force

43-15.3-13. Compounding provided by an outsourcing facility

1. A facility may provide, without a patient specific prescription, a nonpatient specific

compounded drug preparation for human use only, if the following conditions apply:

a. The entity is registered with the United States food and drug administration as an

outsourcing facility pursuant to section 503(b) of the Federal Food, Drug, and

Cosmetic Act [21 U.S.C. 353(b)]; and

b. The entity is licensed under this chapter with an outsourcing facility classification,

has designated a licensed pharmacist in the state of residence as the responsible

person on the license, and the facility meets the standards for licensure set in this

chapter.

2. Within forty-eight hours of a request from the board, the facility shall make available to

the board any inspection reports, federal food and drug administration reports of

objectionable conditions issued against the facility, and lists of distribution of products

to the state.

3. The facility shall comply with all labeling and recordkeeping requirements pursuant to

section 503(b) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 353(b)].

4. Notwithstanding contrary provisions of this chapter, an outsourcing facility may

compound and sell in the state a compounded calcium gluconate product intended for

the emergency treatment of hydrofluoric acid exposure without obtaining a license

under this chapter.
N.D. Cent. Code § 43-48-15 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-15
43-48-15. Supervision and revocation of license - Refusal to renew
Status: in_force

43-48-15. Supervision and revocation of license - Refusal to renew

1. The board may deny, refuse to renew, suspend, or revoke a license or permit, or may

impose probationary conditions if the licensee or permittee or applicant for a license or

permit has been found to have committed unprofessional conduct which has

endangered or is likely to endanger the health, welfare, or safety of the public.

Unprofessional conduct includes:

a. Obtaining or attempting to obtain a license by means of fraud, deceit,

misrepresentation, or concealment of facts.

b. Being convicted of an offense, as defined by section 12.1-01-04, and which the

board determines has a direct bearing upon a person's ability to serve the public

as a licensed clinical laboratory personnel or, following the conviction of any

offense, if the board determines that the person is not sufficiently rehabilitated.

c. Violating any lawful order or rule rendered or adopted by the board.

d. Violating any provision of this chapter.

2. A denial, refusal to renew, suspension, revocation, or imposition of probationary

conditions upon a licensee or permittee may be ordered by the board after a hearing in

the manner provided by rules adopted by the board and in conformance with chapter
N.D. Cent. Code § 43-37-03 — ND Code / Title 43 / Chapter 43-37 / Section 43-37-03
43-37-03. License required - Exceptions
Status: in_force

43-37-03. License required - Exceptions

1. A person may not practice audiology or speech-language pathology, assist in the

practice of speech-language pathology, or represent the person is an audiologist,

speech-language pathologist, or speech-language pathology assistant in this state

unless licensed in accordance with this chapter.

2. A person may not hold out to the public by any title, abbreviation, or description of

services incorporating the words audiologist, hearing clinician, hearing therapist,

speech-language pathologist, speech-language pathologist assistant, or any similar

title, abbreviation, or description of service unless licensed in accordance with this

chapter.

3. This chapter does not prevent or restrict:

a. A physician from engaging in the practice of medicine in this state.

b. A hearing aid specialist from engaging in testing of hearing and other practices

and procedures used solely for the fitting and selling of hearing aids in this state

as provided in chapter 43-33.

c. Any person licensed in this state by any other law from engaging in the

profession or occupation for which licensed.

d. An individual who holds a valid certificate or credential as a speech-language

pathologist, speech-language pathology paraprofessional, or teacher of the

hearing impaired which is issued by the department of public instruction or the

education standards and practices board, or an individual employed as an

audiologist or speech-language pathologist by the government of the United

States, if that individual performs speech-language pathology or audiology

services solely within the confines or under the jurisdiction of the governmental or

state educational organization by which employed. However, without obtaining a

license under this chapter, that individual may consult with or disseminate that

individual's research findings and other scientific information to individuals

practicing speech-language pathology or audiology outside the jurisdiction of the

organization by which that individual is employed.

e. The activities and services of an individual pursuing a course of study leading to a

degree in speech-language pathology, communication disorders, or audiology at

a college or university if the activities and services constitute a part of a

supervised course of study and that individual is designated an audiology,

communication disorder, or speech-language pathology intern, an audiology,

communication disorder, or speech-language pathology trainee, or by any other

title clearly indicating the training status appropriate to the level of training.

f. The performance of audiology or speech-language pathology services in this state by

an individual not a resident of this state who is not licensed under this chapter if the

services are performed for no more than five days in any calendar year and in

cooperation with an audiologist or speech-language pathologist.

g. An individual holding a valid credential as a teacher of the hearing impaired

issued by the council on education of the deaf from engaging in the practice of

habilitation and rehabilitation of individuals who are hearing impaired.

h. An individual possessing a valid certificate as a certified audiometric technician

recognized by the board as meeting council for accreditation in occupational

hearing conservation standards appendix II or its equivalent from providing

audiometric testing if such service is performed in cooperation with either an

audiologist or a licensed physician.

i. An individual providing hearing screening services as part of a public service

project solely intended for the purposes of identification of hearing impairment if

such services are performed in cooperation with an audiologist who is directly

responsible for:

(1) The training of this individual;

(2) The administration of hearing screening procedures;

(3) The interpretation of testing results; and

(4) Assuring appropriate referral and followup of the identified population.
N.D. Cent. Code § 43-66-01 — ND Code / Title 43 / Chapter 43-66 / Section 43-66-01
43-66-01. Definitions
Status: in_force

43-66-01. Definitions

As used in this chapter:

1. "Community health representative" means an individual trained through the Indian

health service to provide community-based and medically guided health care, which

may include traditional native concepts.

2. "Community health worker" means an individual certified under this chapter to provide

preventative services.

3. "Department" means the department of health and human services.

4. "Preventative services" means services to prevent a disease, disability, or other health

condition or the progression of a disease, disability, or other health condition which are

provided to an individual:

a. With a chronic condition;

b. At risk for a chronic condition who is unable to self-manage the chronic condition;

or

c. With a documented barrier that affects the individual's health.
N.D. Cent. Code § 43-28-18 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-18
43-28-18. Grounds for denial of or disciplinary action against license and certificate
Status: in_force

43-28-18. The board may also initiate a complaint and investigation on the board's

motion.

2. The board may direct a complaint committee to investigate a complaint and

recommend whether the board should initiate a disciplinary action against the dentist.

3. The board or complaint committee shall notify the dentist of the complaint, and require

a written response from the dentist. The board or complaint committee may examine

and copy records, including patient records, examine witnesses, obtain expert

opinions, require the dentist to be physically or mentally examined, or both, by

qualified professionals selected by the board, and take any other action necessary to

investigate the complaint. A request by the board or complaint committee provides

sufficient authorization to disclose patient information and records to the board or

complaint committee. Patient information and records disclosed to the board or

complaint committee are confidential. The dentist shall cooperate with the board or the

complaint committee in the investigation, including responding promptly, truthfully, and

completely to a request or requirement.

4. The complaint, response, and any record received by the board during the

investigation of a complaint or other allegation are exempt records, as defined in

section 44-04-17.1, until the board determines to proceed with a disciplinary action.

5. The board shall determine if there is a reasonable basis to believe the dentist engaged

in conduct identified as grounds for disciplinary action under section 43-28-18. If the

board determines there is not a reasonable basis to believe, the board shall notify the

complainant and the dentist. If the board determines there is a reasonable basis to

believe, the board shall proceed with a disciplinary action in accordance with chapter

28-32.

6. The board, at any time, may offer or accept a proposal for informal resolution of the

complaint or disciplinary action.

7. The board may impose a fee on the dentist for all or part of the costs of an

investigation or action resulting in discipline, including administrative costs,

investigation costs, attorney's fees, witness fees, the cost of the office of administrative

hearings' services, and court costs.

8. In any agreement, order, or decision arising out of any disciplinary investigation or

action undertaken by the board, the board may direct the licensee or registrant to pay

the board a sum not to exceed the reasonable and actual costs, including reasonable

attorneys fees incurred by the board or investigative panels of the board in the

investigation or prosecution. The board may suspend a license or registration until

costs are paid to the board. Within thirty days of the issuance of an agreement, order,

or decision, a licensee or registrant may challenge the reasonableness of any cost

item by requesting a hearing under chapter 28-32. An 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 license or registration may be suspended for

nonpayment.
N.D. Cent. Code § 43-12.1-05 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-05
43-12.1-05. Board of nursing - Composition - Term of office
Status: in_force

43-12.1-05. Board of nursing - Composition - Term of office

There is a state board of nursing whose members must be appointed by the governor which

must consist of five registered nurses, one advanced practice registered nurse, two licensed

practical nurses, and one public member. Each board member must be appointed for a term of

four years. No appointee may be appointed for more than two consecutive terms. An

appointment for an unexpired term of more than eighteen months will constitute a full term.

Terms of nurse board members must be evenly distributed to allow two licensed nurse board

members to be appointed or reappointed each year.
N.D. Cent. Code § 43-11-36 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-36
43-11-36. Minimum fees may be established - Conditions - How
Status: repealed

43-11-36. Minimum fees may be established - Conditions - How

Repealed by S.L. 1981, ch. 435, § 26.
N.D. Cent. Code § 43-15-12 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-12
43-15-12. State board of pharmacy - Report
Status: in_force

43-15-12. State board of pharmacy - 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 § 43-40-16.2 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-16.2
43-40-16.2. Costs of prosecution - Disciplinary proceedings
Status: in_force

43-40-16.2. Costs of prosecution - Disciplinary proceedings

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

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

action, including the cost of investigation, the amount paid for services from the office of

administrative hearings, attorney's fees, court costs, witness fees, staff time, and other

expenses. When applicable, a license may be suspended until the costs are paid to the board.
N.D. Cent. Code § 43-50-01 — ND Code / Title 43 / Chapter 43-50 / Section 43-50-01
43-50-01. Definition
Status: in_force

43-50-01. Definition

For purposes of this chapter, "occupational or professional certificate, permit, or license"

means a certificate, permit, or license issued by or on behalf of the state by any of its licensing

authorities or occupational or professional boards, which an individual is required to obtain

before engaging in the individual's occupation or profession.
N.D. Cent. Code § 43-17.3-04 — ND Code / Title 43 / Chapter 43-17.3 / Section 43-17.3-04
43-17.3-04. Evaluation
Status: in_force

43-17.3-04. Evaluation

If the board determines a licensee currently exhibits possible impairment, the board may

direct that an evaluation of the licensee be facilitated by the physician health program or by the

committee or designated agency for the purpose of determining whether there is a current need

for treatment or monitoring of the licensee to assure the licensee is able to practice safely. The

physician health program shall report the findings of this evaluation to the board.
N.D. Cent. Code § 43-36-15 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-15
43-36-15. Registration fees
Status: in_force

43-36-15. Registration fees

1. The board shall establish registration fees provided:

a. The registration fee for in-state professional soil classifiers must be at least fifty

dollars but not more than three hundred dollars.

b. The registration fee for in-state soil classifier-in-training certification or enrollment

must be at least twenty-five dollars but not more than one hundred dollars.

c. The registration fee for out-of-state professional soil classifiers must be at least

one hundred dollars but not more than three hundred dollars.

2. If the board denies the issuance of a certificate to an applicant, the board shall retain

the application fee.
N.D. Cent. Code § 43-15-42 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-42
43-15-42. Penalty for violation of rule regulating pharmacies
Status: in_force

43-15-42. Penalty for violation of rule regulating pharmacies

Any person who violates any rule legally adopted by the board pursuant to this chapter is

guilty of an infraction.
N.D. Cent. Code § 43-09-13 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-13
43-09-13. License fees
Status: in_force

43-09-13. License fees

Examination and annual license fees required to be paid for an electrician's license must be

set by the board.
N.D. Cent. Code § 43-51-03 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-03
43-51-03. Indirect practice without a license
Status: in_force

43-51-03. Indirect practice without a license

1. A foreign practitioner may provide services in this state which fall within the scope of

practice designated by the foreign practitioner's license and by this title without

obtaining a license from the appropriate board if the services are provided through

consultation with the person licensed by the board and if the foreign practitioner has

no direct communication in this state with the individual receiving the services except

in the presence of the individual who is licensed by the board. Both the foreign

practitioner and the individual licensed by the board are responsible for the services

provided under this subsection.

2. A foreign practitioner may provide services in this state which fall within the scope of

practice designated by the foreign practitioner's license and by this title without

obtaining a license from the appropriate board if the services are provided through a

remote means and are a continuation of an existing relationship between the foreign

practitioner and the individual receiving the services which was formed in the state or

jurisdiction in which the foreign practitioner is currently licensed.
N.D. Cent. Code § 43-23-08.3 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-08.3
43-23-08.3. Disclosure of sexual offenders
Status: in_force

43-23-08.3. Disclosure of sexual offenders

A licensee is not liable for any action resulting from any disclosure or nondisclosure relating

to the registration of sexual offenders under section 12.1-32-15.
N.D. Cent. Code § 43-36-07 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-07
43-36-07. Board - Powers
Status: in_force

43-36-07. Board - Powers

The board has the power to administer this chapter under chapter 28-32 and:

1. To adopt and amend all bylaws, rules of procedure, and regulations to administer and

carry out the provisions of this chapter and for the conduct of its affairs and functions

consistent with the constitution and laws of this state or this chapter which may be

reasonably necessary for the proper performance of its duties and the regulation of its

proceedings, meetings, records, examinations, and the conduct thereof, and to adopt

and promulgate a code of ethics which is binding upon all persons registered under or

subject to this chapter.

2. To employ such clerks, technical experts, and attorneys as it may deem necessary or

desirable to carry out the provisions of this chapter.

3. To apply in the name of the state for relief by injunction without bond, to enforce the

provisions of this chapter, or to restrain any violation thereof. In such proceedings it is

not necessary to allege or prove either that an adequate remedy at law does not exist

or that substantial or irreparable damage would result from the continued violation

thereof. The members of the board are not personally liable under this proceeding.

4. To negotiate and enter reciprocal agreements with similar agencies in other states;

provided that a reciprocal agreement may not limit the board's powers and duties

regarding any application for registration as a professional soil classifier or for

certification as a soil classifier-in-training or regarding the enforcement of this chapter

or any rules adopted to implement this chapter.
N.D. Cent. Code § 43-09-13.2 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-13.2
43-09-13.2. Inspectors - License required - Exception
Status: in_force

43-09-13.2. Inspectors - License required - Exception

An individual employed by the state electrical board or a political subdivision to inspect

electrical or power limited system installations must be licensed as a journeyman electrician or

master electrician.
N.D. Cent. Code § 43-18-20 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-20
43-18-20. Revocation of license - When reinstated
Status: in_force

43-18-20. Revocation of license - When reinstated

A person whose certificate of registration and license issued under the provisions of this

chapter has been revoked by the board may not be permitted to apply for a license for a period

of one year from the date of the revocation. After the expiration of such time, the board may

consider an application for reinstatement of such person and upon a showing that the disability

has been removed or that there is no further likelihood that the offense will be repeated, the

board may reinstate the license.
N.D. Cent. Code § 43-48-07 — ND Code / Title 43 / Chapter 43-48 / Section 43-48-07
43-48-07. Duties and qualifications of clinical laboratory personnel - Requirements for licensure
Status: in_force

43-48-07. Duties and qualifications of clinical laboratory personnel - Requirements for

licensure.

An applicant applying for license as a clinical laboratory scientist or clinical laboratory

technician shall file a written application provided by the board, along with the appropriate fee,

showing to the satisfaction of the board that the applicant is qualified for the said position.
N.D. Cent. Code § 43-04-34 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-34
43-04-34. Failure to pass examination for apprentice barber - When applicant may be re-examined
Status: repealed

43-04-34. Failure to pass examination for apprentice barber - When applicant may be

re-examined.

Repealed by S.L. 2017, ch. 285, § 10.
N.D. Cent. Code § 43-51-11.2 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-11.2
43-51-11.2. Members of the military and military spouses - Licensure applications
Status: in_force

43-51-11.2. Members of the military and military spouses - Licensure applications

1. On each licensure application and renewal form, a board shall inquire and maintain a

record of whether an applicant or licensee is a military member or military spouse. If

an applicant self-identifies as and provides the board with satisfactory proof of being a

military spouse or military member, the board immediately shall commence the

process to issue a license, provisional license, or temporary permit under section

43-51-11.1.

2. Annually, on forms developed by the department of commerce, each board shall report

to the department of commerce regarding military member and military spouse data.

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

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

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

licensing, North Dakota board of medicine, and state board of dental examiners.
N.D. Cent. Code § 43-44-09.1 — ND Code / Title 43 / Chapter 43-44 / Section 43-44-09.1
43-44-09.1. Grandfathering of licensed nutritionists
Status: in_force

43-44-09.1. Grandfathering of licensed nutritionists

An individual who meets the requirements for licensure and holds a license as a licensed

nutritionist on July 1, 2021, and is practicing or residing in this state on July 1, 2021, is eligible to

maintain and renew a license as a licensed nutritionist if the applicant furnishes evidence

satisfactory to the board that the applicant has met continuing education as required by the

board.
N.D. Cent. Code § 43-04-08 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-08
43-04-08. Expenses - How paid
Status: repealed

43-04-08. Expenses - How paid

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-23-18 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-18
43-23-18. Injunctions authorized to enforce law
Status: in_force

43-23-18. Injunctions authorized to enforce law

If any person or entity has engaged in any act or practice that constitutes or will constitute a

violation of this chapter, the commission may commence an action in the district court of the

county in which the person or entity resides or in the district court of the county in which the act

or practice occurred for an injunction to enforce compliance with this chapter or rules adopted

by the commission. The commission is not required to give any bond for commencing this

action. Upon a showing that the person or entity has engaged in any act or practice in violation

of this chapter or rules adopted by the commission, the district court may enjoin the act or

practice and may make any order necessary to conserve, protect, and disburse any funds

involved.
N.D. Cent. Code § 43-32-14 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-14
43-32-14. Payment of delinquent annual fee - Reinstatement
Status: in_force

43-32-14. Payment of delinquent annual fee - Reinstatement

If an individual's license issued under this chapter expires for failure to pay the annual fee,

the board shall reinstate that individual and renew the license if, within one year from the date of

expiration, the individual pays to the secretary of the board the amount of the annual fees in

default and a late fee in the amount established by the board by rule and demonstrates all

continuing education requirements have been met or the board has granted an extension of the

period in which to meet the continuing education requirements.
N.D. Cent. Code § 43-15-25 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-25
43-15-25. Term of license - Renewal - Fee - Where displayed
Status: in_force

43-15-25. Term of license - Renewal - Fee - Where displayed

The license issued by the board to a pharmacist under this chapter, and the registration

thereof, entitles the holder to act in the capacity therein stated for one year unless duly

canceled, suspended, or revoked. Every licensee who desires to retain a license, on or before

the first day of March in each year, shall pay to the secretary of the board a renewal fee in an

amount to be fixed by the board not to exceed one hundred dollars. Upon payment of the fee,

the board shall issue a renewal license. The license and renewal must be displayed in a

conspicuous place in the pharmacy and drugstore where the holder is employed. After a

licensee has held licenses duly issued over a period of fifty consecutive years, the secretary of

the board may issue the licensee a lifetime license that entitles the licensee to act in the

capacity of pharmacist thereafter without further payment unless the license is canceled,

revoked, or suspended.
N.D. Cent. Code § 43-03-16 — ND Code / Title 43 / Chapter 43-03 / Section 43-03-16
43-03-16. Result of examinations recorded - List of certificate holders
Status: in_force

43-03-16. Result of examinations recorded - List of certificate holders

The result of every examination for registration as an architect or a landscape architect and

the evidence of qualifications must be recorded by the secretary-treasurer of the board. The

secretary-treasurer of the board shall maintain a list of architects and landscape architects

certified under this chapter. This list of certificate holders must contain each certificate holder's

name, current business address, certification number, and the expiration date of the certificate.
N.D. Cent. Code § 43-13-29 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-29
43-13-29. Prohibiting solicitation of sale of optical appliances and visual services by means of advertisement or otherwise
Status: repealed

43-13-29. Prohibiting solicitation of sale of optical appliances and visual services by

means of advertisement or otherwise.

Repealed by S.L. 1981, ch. 435, § 26.
N.D. Cent. Code § 43-51-11.1 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-11.1
43-51-11.1. Military spouses and military members - Licensure
Status: in_force

43-51-11.1. Military spouses and military members - Licensure

1. A board shall adopt rules regarding licensure of a military spouse or a military member

or shall grant on a case-by-case basis exceptions to the board's licensing standards to

allow a military spouse or military member to practice the occupation or profession in

the state if upon application to the board:

a. The military spouse or military member demonstrates competency in the

occupation or profession through methods or standards determined by the board;

and

b. The board determines the issuance of the license will not substantially increase

the risk of harm to the public. A board with authority to require an applicant to

submit to a statewide and national criminal history record check under section

12-60-24 may order such a record check under this subdivision.

2. A board shall issue a provisional license or temporary permit to a military spouse or

military member for which the licensure requirements under subsection 1 have been

substantially met. A board may not charge a military spouse or military member any

fees for a provisional license or temporary permit under this subsection. A provisional

license or temporary permit issued under this subsection may not exceed two years

and remains valid while the military spouse or military member is making progress

toward satisfying the unmet licensure requirements. A military spouse or military

member may practice under a provisional license or temporary permit issued under

this subsection until any of the following occurs:

a. The board grants or denies the military spouse or military member a North

Dakota license under subsection 1 or grants a North Dakota license under the

traditional licensure method;

b. The provisional license or temporary permit expires;

c. The military spouse or military member fails to comply with the terms of the

provisional license or temporary permit; or

d. The board revokes the provisional license or temporary permit based on a

determination revocation is necessary to protect the health and safety of the

residents of the state.

3. A board that may elect to subject the board to this chapter under subsection 1 of

section 43-51-01 may issue a license, provisional license, or temporary permit to a

military spouse or military member in the same manner as provided under

subsections 1 and 2 regardless of whether the board has adopted rules to subject the

board to this chapter.

4. A military spouse or military member issued a license under this section has the same

rights and duties as a licensee issued a license under the traditional licensure method.

5. If within thirty days of receipt of a completed application under subsection 1 the board

does not grant or deny a license under subsection 1 or does not issue a provisional

license or temporary permit under subsection 2, the board automatically shall issue a

provisional license or temporary permit. A provisional license or temporary permit

issued under this subsection remains valid until the board grants or denies the

application for licensure under subsection 1 or issues a provisional license or

temporary permit under subsection 2.

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

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

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

licensing, North Dakota board of medicine, and state board of dental examiners.
N.D. Cent. Code § 43-13-31 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-31
43-13-31. Discrimination in optometric services prohibited
Status: in_force

43-13-31. Discrimination in optometric services prohibited

A person may not discriminate between licensed practitioners of optometry and physicians,

or interfere with any individual's right to free choice of ocular practitioner, with respect to the

providing of professional services within the scope of section 43-13-01. If a health, accident or

disability policy or insurance contract, or any other type of benefit or safety program specifically

provides for the payment of optometric services within the scope of section 43-13-01, the

payment must be made regardless of whether the service is performed by a physician or

optometrist.
N.D. Cent. Code § 43-02.2-17 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-17
43-02.2-17. Licensees' working papers - Clients' records
Status: in_force

43-02.2-17. Licensees' working papers - Clients' records

1. All statements, records, schedules, working papers, and memoranda made by a

licensee or a partner, shareholder, officer, director, or employee of a licensee, incident

to, or in the course of, rendering services to a client while a licensee, except the

reports submitted by the licensee to the client and except for records that are part of

the client's records, are the property of the licensee in the absence of an express

agreement between the licensee and the client to the contrary. A statement, record,

schedule, working paper, or memorandum may not be sold, transferred, or

bequeathed, without the consent of the client or the client's personal representative or

assignee, to anyone other than one or more surviving partners or stockholders or new

partners or stockholders of the licensee, or any combined or merged firm or successor

in interest to the licensee. This section may not be construed as prohibiting any

temporary transfer of workpapers or other material necessary in the course of carrying

out practice reviews.

2. A licensee shall furnish to a client or former client, upon request and reasonable

notice:

a. A copy of the licensee's working papers, to the extent that such working papers

include records that would ordinarily constitute part of the client's records and are

not otherwise available to the client; and

b. Any accounting or other records belonging to, or obtained from or on behalf of,

the client that the licensee removed from the client's premises or received for the

client's account. The licensee may make and retain copies of such documents of

the client when they form the basis for work done by the licensee.

3. This section does not require a licensee to keep any workpaper beyond the period

prescribed in any other applicable statute.
N.D. Cent. Code § 43-07-06 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-06
43-07-06. Administrative and governing bodies may impose requirements
Status: in_force

43-07-06. Administrative and governing bodies may impose requirements

Any administrative body or governing body, agency, or commission having power to enter

into public contracts may impose reasonable requirements and conditions as conditions

precedent to the awarding of a contract for the construction or reconstruction of public works in

addition to the requirements imposed by this chapter.
N.D. Cent. Code § 43-28-20 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-20
43-28-20. Plea - Answer - Trial of issues - Witnesses and cost
Status: repealed

43-28-20. Plea - Answer - Trial of issues - Witnesses and cost

Repealed by S.L. 2009, ch. 369, § 31.
N.D. Cent. Code § 43-57-08 — ND Code / Title 43 / Chapter 43-57 / Section 43-57-08
43-57-08. Discipline
Status: in_force

43-57-08. Discipline

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

means:

a. Revocation of license;

b. Suspension of license;

c. Probation;

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

practice;

e. Letter of censure;

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

period; and

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

action. Any fines collected by the board must be deposited in the state general

fund.

2. Disciplinary action may be imposed against a licensee upon any of the following

grounds:

a. The use of any false, fraudulent, or forged statement or document, or the use of

any fraudulent, deceitful, dishonest, or immoral practice, in connection with any of

the licensing requirements.

b. The making of false or misleading statements about the licensee's skill or the

efficacy of any medicine, treatment, or remedy.

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

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

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

d. Habitual use of alcohol or drugs.

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

the profession in a competent manner.

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

to deceive, defraud, or harm the public.

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

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

impaired person.

i. The violation of any provision of the rules of the board, or any action, stipulation,

condition, or agreement imposed by the board.

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

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

manner.

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

disease, or injury can be cured.

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

patient, except as required by law.

n. Gross negligence in the practice of the profession.

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

profession.

p. A continued pattern of inappropriate care.

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

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

licensee which would constitute grounds for disciplinary action as set forth in this

section. A certified copy of the record of the action taken by the other state or

jurisdiction is conclusive evidence of that action.

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

and treatment of patients.
N.D. Cent. Code § 43-62-12 — ND Code / Title 43 / Chapter 43-62 / Section 43-62-12
43-62-12. Biennial report
Status: in_force

43-62-12. Biennial report

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

accordance with section 54-06-04.
N.D. Cent. Code § 43-11-31 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-31
43-11-31. License - Refusal to grant - Grounds
Status: in_force

43-11-31. License - Refusal to grant - Grounds

The board may deny an application or discipline a licensee on any of the following grounds:

1. Fraud in passing the examination.

2. Conviction of an offense determined by the board to have a direct bearing upon an

individual's ability to serve the public in a profession licensed by the board, or,

following conviction of any offense, the board determines the individual is not

sufficiently rehabilitated under section 12.1-33-02.1.

3. Grossly unprofessional or dishonest conduct.

4. Addiction to the use of intoxicating liquor or drugs to such an extent as to render the

individual unfit to practice.

5. Advertising by means of knowingly false or deceptive statements.

6. Failure to display the license as provided under this chapter.

7. Violation of the provisions under this chapter or the rules adopted by the board.

8. Permitting an unlicensed individual to practice cosmetology, or teaching in a

cosmetology salon or school of cosmetology.

9. Advertising or providing services outside of the licensee's scope of practice as defined

under this chapter.
N.D. Cent. Code § 43-05-16.3 — ND Code / Title 43 / Chapter 43-05 / Section 43-05-16.3
43-05-16.3. Powers of the board - Podiatrist cooperation
Status: in_force

43-05-16.3. Powers of the board - Podiatrist cooperation

1. In investigating a podiatrist under this section, the board may subpoena the podiatrist

and medical records relating to the practice of the podiatrist under investigation. The

confidentiality of the subpoenaed records under any other law does not affect the

validity of the board's subpoena nor the admissibility of the records in board

proceedings; however, the proceedings and records of the board which are exempt

from subpoena, discovery, or introduction into evidence under chapter 23-34 are not

subject to this subsection. Records of the board which are medical records

subpoenaed under this subsection are confidential.

2. A podiatrist or applicant for license under this chapter who is the subject of an

investigation by the board shall cooperate fully with the investigation. Cooperation

includes responding fully and promptly to any question raised by the board relating to

the subject of the investigation and providing copies of patient medical records or other

documentation to assist the board in its investigation. The board shall pay for the

copies requested. Except in the case of subpoenaed records, if the board does not

have written consent from a patient permitting access to the patient's records, the

podiatrist or applicant for license shall delete any data in the record that identifies the

patient before providing the record to the board.

3. The board may subpoena witnesses relating to the practice of any podiatrist under

investigation.

4. The board may employ independent investigators when necessary.

5. The board may hold confidential conferences with any complainant or podiatrist with

respect to any complaint.

6. If the board determines a violation of section 43-05-16 may have occurred, the board

may issue a formal complaint against a licensed podiatrist.
N.D. Cent. Code § 43-12.3-06 — ND Code / Title 43 / Chapter 43-12.3 / Section 43-12.3-06
43-12.3-06. Student loan repayment program - Contract
Status: in_force

43-12.3-06. Student loan repayment program - Contract

1. The department of health and human services shall enter a contract with a selected

health care professional. The department of health and human services shall agree to

provide student loan repayments on behalf of the selected health care professional

subject to the requirements and limitations of this section.

a. For a physician:

(1) The loan repayment may not exceed twenty thousand dollars per year, and

may not exceed one hundred thousand dollars over five years; and

(2) The matching funds must equal fifty percent of the amount required in

paragraph 1.

b. For a clinical psychologist:

(1) The loan repayment may not exceed twelve thousand dollars per year, and

may not exceed sixty thousand dollars over five years; and

(2) The matching funds must equal twenty-five percent of the amount required

in paragraph 1.

c. For an advanced practice registered nurse, a registered nurse, or a physician

assistant:

(1) The loan repayment may not exceed four thousand dollars per year, and

may not exceed twenty thousand dollars over five years; and

(2) The matching funds must equal ten percent of the amount required in

paragraph 1.

d. For a behavioral health professional:

(1) The loan repayment may not exceed four thousand dollars per year, and

may not exceed twenty thousand dollars over five years; and

(2) The matching funds must equal ten percent of the amount required in

paragraph 1.

e. For purposes of this section, a behavioral health professional means an individual

who practices in the behavioral health field and is:

(1) A licensed addiction counselor;

(2) A licensed professional counselor;

(3) A licensed social worker;

(4) A registered nurse;

(5) A specialty practice registered nurse; or

(6) A licensed behavior analyst.

2. a. Payments under this section must be made on behalf of the health care

professional directly to the Bank of North Dakota or to another participating

lending institution.

b. Except as otherwise provided, payments under this section may be made only at

the conclusion of each twelve-month period of service.

c. Prorated payments may be made only if:

(1) The repayment of the loan requires less than a full annual payment;

(2) The health care professional is terminated or resigns from his or her

position; or

(3) The health care professional is unable to complete a twelve-month period of

service due to the individual's death, a certifiable medical condition or

disability, or a call to military service.

3. Payments under this section terminate upon the earlier of:

a. The full repayment of the health care professional's student loan; or

b. The completion of five years as a participant in the student loan repayment

program.

4. The department of health and human services shall waive the requirements of this

section which pertain to matching funds if the health care professional opens a new

practice as a solo practitioner in a city that has fewer than fifteen thousand residents.
N.D. Cent. Code § 43-09-20 — ND Code / Title 43 / Chapter 43-09 / Section 43-09-20
43-09-20. Installations made with master electrician, class B electrician, or power limited electrician - Requirement for liability insurance
Status: in_force

43-09-20. Installations made with master electrician, class B electrician, or power

limited electrician - Requirement for liability insurance.

1. A contract, agreement, or undertaking with another person for the installation of

electrical wiring or power limited wiring or the installation of electrical or power limited

system parts of other apparatus may not be entered by anyone other than a master

electrician or power limited electrician. A class B electrician may not enter a contract,

undertaking, or agreement for the installation of electrical wiring, except for:

a. Farmstead electrical wiring; or

b. Residential electrical wiring in one or two family dwellings located in a city with a

population of two thousand five hundred or fewer.

2. If a licensee is acting as a contractor, that licensee shall submit to the board evidence

of the existence of public liability insurance with a licensed insurance carrier, with

policy limits of at least five hundred thousand dollars.
N.D. Cent. Code § 43-02.2-15 — ND Code / Title 43 / Chapter 43-02.2 / Section 43-02.2-15
43-02.2-15. Single act evidence of practice
Status: in_force

43-02.2-15. Single act evidence of practice

In any action brought under this chapter, evidence of the commission of a single act

prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or

conviction, without evidence of a general course of conduct.
N.D. Cent. Code § 43-20-05 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-05
43-20-05. Licenses and registrations - Denial and discipline
Status: in_force

43-20-05. Licenses and registrations - Denial and discipline

1. The board may deny an application for or take disciplinary action against a dental

hygienist's license or a registered or qualified dental assistant's registration, upon any

one or more of the following grounds:

a. Gross immorality or unprofessional conduct, which includes knowingly failing to

comply with commonly accepted national infection control guidelines and

standards.

b. Failure, neglect, or refusal to renew a license biennially.

c. Nonobservance or violation of this chapter, or of any board rule adopted under

this chapter.

d. Gross incompetency in the practice of dental hygiene.

e. Conviction of an offense determined by the board to have a direct bearing on the

individual's ability to serve the public as a dental hygienist or a registered or

qualified dental assistant, or the board determines, following conviction for any

offense, that the individual is not sufficiently rehabilitated under section

12.1-33-02.1.

f. Been adjudged mentally ill and not judicially restored by the regularly constituted

authorities, or having a physical or mental disability materially affecting the ability

to carry out the duties within the scope of practice in a competent manner.

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

ability to safely perform the duties within the scope of practice for dental hygiene

or dental assisting.

h. Engaged in fraud or deceit in obtaining a dental hygiene license or dental

assisting registration.

i. Disclosed confidential information.

j. Received a fee for the referral of patients to a dentist or dental hygienist.

k. Used unethical measures to draw dental patronage from the practice of another

licensee.

l. Fraudulently prescribed or dispensed drugs or medications.

m. Knowingly submitted misleading, deceptive, untrue, or fraudulent information on a

claim form, bill, or statement to a third party.

n. Advised or directed patients to dental laboratories or dental laboratory technicians

for a dental service or advised or directed patients to deal directly with

laboratories or dental laboratory technicians.

o. Violated the code of ethics adopted by the board by rule.

p. Had a registration or license suspended, revoked, or disciplined in another

jurisdiction.

q. Failed to report to the board in writing within sixty days a violation of this chapter

or chapter 43-28.

r. Practiced outside the scope of practice established by the board by rules and this

chapter.

s. Failed to fully and completely cooperate in any investigation initiated by the

board, including the failure to promptly provide any information legally sought by

the board, its investigative panel, its investigators, or its authorized agents.

t. Noncompliance with the terms of a program contracted for under section

43-28-06.

2. The procedure for taking disciplinary action under this section must be the same as

required by section 43-28-18.2.
N.D. Cent. Code § 43-65-02 — ND Code / Title 43 / Chapter 43-65 / Section 43-65-02
43-65-02. Requirements
Status: in_force

43-65-02. Requirements

1. An advertisement for health care services which names a health care practitioner must

identify the type of license held pursuant to the definitions under this chapter. The

advertisement may not contain deceptive or misleading information.

2. A health care practitioner providing health care services in this state shall post

conspicuously and communicate affirmatively the practitioner's specific licensure as

defined under this chapter. A health care practitioner shall wear a photo identification

name tag during all patient encounters which must include a recent photograph of the

practitioner, the practitioner's name, and the type of license. The name tag must be of

sufficient size and be worn in a conspicuous manner so as to be visible and apparent.

3. A health care practitioner is not subject to the name tag requirement if:

a. The health care practitioner is working in a nonpatient care setting and does not

have any direct patient care interactions;

b. The wearing of identification would jeopardize the health care practitioner's

safety;

c. The health care practitioner is in an office in which the license type and names of

all health care practitioners working in the office are displayed on the office door

and each health care practitioner working in the office has the practitioner's

license posted prominently in the office and readily visible to a patient; or

d. The office is an office of a solo health care practitioner, or of a single type of

health care provider.
N.D. Cent. Code § 43-20-01.4 — ND Code / Title 43 / Chapter 43-20 / Section 43-20-01.4
43-20-01.4. License renewal - Audit
Status: in_force

43-20-01.4. License renewal - Audit

1. Dental hygienist licenses expire on December thirty-first of every odd-numbered year.

2. Licenses may be renewed by December thirty-first of the odd-numbered year by

submitting a renewal application, a renewal fee established by the board by rule, and

proof of completion of the continuing education requirements established by the board

by rule, provided grounds for denial under section 43-20-05 do not exist as determined

by the board.

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

are not received by December thirty-first of the odd-numbered year, the license expires

and the individual may not practice dental hygiene.

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

license may be renewed if the individual submits the renewal application, renewal fee,

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

rule.

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

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

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

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

the skills necessary to practice.

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

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

odd-numbered year, the license may not be renewed, and the individual must apply for

and meet the requirements for licensure to be granted a license.

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

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

8. The board may audit continuing education credits. Each licensee shall maintain

certificates or records of continuing education activities for three years. Upon receiving

notice of an audit from the board, a licensee shall provide satisfactory documentation

of attendance at, or participation in, the continuing education activities listed on the

licensee's continuing education form. Failure to comply with the audit is grounds for

nonrenewal of or disciplinary action against the license.
N.D. Cent. Code § 43-23.3-05 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-05
43-23.3-05. Permit process
Status: in_force

43-23.3-05. Permit process

An individual who desires to engage in the practice of real estate appraisal shall apply for a

permit with the board and submit the required fee.
N.D. Cent. Code § 43-29-12.2 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-12.2
43-29-12.2. Veterinarian-client-patient relationship - Requirements
Status: in_force

43-29-12.2. Veterinarian-client-patient relationship - Requirements

1. A veterinarian-client-patient relationship may not be established unless the

veterinarian has sufficient knowledge of the patient to initiate a general or preliminary

diagnosis of the medical condition of the patient. To establish a veterinarian-client-

patient relationship, the veterinarian must be personally acquainted with the keeping

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

examination of the patient by the veterinarian, or by a timely in-person visit to the

premises where the patient is managed or resides.

2. The veterinarian must be reasonably available for patient followup care after a

veterinarian-client-patient relationship is established.

3. The veterinarian shall provide oversight of patient treatment.

4. Patient records must be maintained according to rules promulgated by the board.

5. A veterinarian-client-patient relationship may not be established solely through

veterinary telemedicine.

6. A veterinarian seeking consultation shall maintain the veterinarian-client-patient

relationship.

7. A veterinarian may terminate a veterinarian-client-patient relationship by notifying the

client that the veterinarian no longer wishes to serve the patient and client.

8. The veterinarian shall provide medical records to the client, another veterinarian, or a

foreign practitioner designated by the client if the veterinarian-client-patient

relationship has been terminated. The veterinarian shall allow the client a reasonable

amount of time to arrange care with another veterinarian unless the circumstance,

patient, or client threatens the safety of the veterinarian or the staff.

9. A veterinarian who in good faith engages in the practice of veterinary medicine by

rendering or attempting to render emergency care may not be subject to penalty based

solely on the inability to establish a veterinarian-client-patient relationship.

10. The veterinarian-client-patient relationship may extend to all veterinarians within the

same practice with access to the patient records.
N.D. Cent. Code § 43-29-03.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-03.1
43-29-03.1. Authority of the board to rely on certain data
Status: in_force

43-29-03.1. Authority of the board to rely on certain data

The board shall be authorized to rely upon the expertise of and verified data gathered and

stored by not-for-profit organizations that share in the public protection mission of the board

including the American association of veterinary state boards to make determinations under this

chapter and to promote uniformity and administrative efficiencies.
N.D. Cent. Code § 43-15-25.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-25.1
43-15-25.1. Continuing pharmaceutical education
Status: in_force

43-15-25.1. Continuing pharmaceutical education

1. Each pharmacist shall complete at least fifteen hours of approved continuing

pharmaceutical education every year as a condition of renewal of a certificate of

licensure as a pharmacist in this state.

2. An annual renewal of a license may not be issued to a pharmacist until the pharmacist

has satisfactorily completed an accredited program of continuing professional

education, all of which may be home self-study, during the previous year to help

assure the pharmacist's continued competence to engage in the practice of pharmacy.

The board from time to time shall determine the amount of continuing education to be

required, not to exceed fifteen hours in each annual period. Upon request of the board,

proof of compliance shall be furnished to the board.

3. The board shall adopt rules necessary to carry out the stated objectives and purposes

and to enforce the provisions of this section, which shall include the methods of

determining accredited programs, methods of determining compliancy, any fees, and

such other rules consistent with this section as the board shall determine. This section

and all rules adopted hereunder shall be uniformly applied by the board.
N.D. Cent. Code § 43-12.1-17 — ND Code / Title 43 / Chapter 43-12.1 / Section 43-12.1-17
43-12.1-17. Nursing education programs
Status: in_force

43-12.1-17. Nursing education programs

1. The board shall adopt and enforce administrative rules establishing standards for

nursing education programs leading to initial or advanced licensure. In-state programs

must be approved by the board. Out-of-state programs must be approved by the state

board of nursing of the jurisdiction in which the program is headquartered. The board

shall approve, review, and reapprove nursing education programs in this state. The

board may not require a statement of intent as part of the approval process under this

section.

2. The standards established under this section for a program leading to licensure as a

licensed practical nurse:

a. Must allow for a program that offers two or more academic years of course study

or the equivalent;

b. Must allow for a program that offers less than two academic years of course

study or the equivalent; and

c. May not allow for a program that offers less than one academic year of course

study or the equivalent.

3. The standards established under this section for a program leading to licensure as a

registered nurse:

a. Must allow for a program that offers four or more academic years of course study

or the equivalent;

b. Must allow for a program that offers less than four academic years of course

study or the equivalent; and

c. May not allow for a program that offers less than two academic years of course

study or the equivalent.
N.D. Cent. Code § 43-01-18 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-18
43-01-18. Fees chargeable by abstracter - Adjustments
Status: in_force

43-01-18. Fees chargeable by abstracter - Adjustments

1. An abstracter may charge no more than the following fees for making and certifying to

an abstract:

a. For each entry on an abstract or continuation of an entry on an abstract, eighteen

dollars.

b. For a complete certification covering the records of the several county offices,

one hundred eighty-five dollars.

c. For a certification covering lands in excess of one quarter section [64.75

hectares] in the same abstract of title and for each quarter section [64.75

hectares] or portion of a quarter section in excess of one, an additional fee of

eighteen dollars.

d. For a certification covering premises in more than one block in any subdivision in

the same abstract of title and for the premises in each additional block in excess

of one, an additional fee of eighteen dollars.

e. For each name searched for judgments, real estate taxes, bankruptcy

proceedings, federal tax liens, and state tax liens, twelve dollars and fees

charged to the abstracter by a governmental agency or governmental entity.

f. The fees as may be fixed by special statute.

2. Beginning January 1, 2024, and annually thereafter, the board shall determine and

publish adjustments to the fees allowed under this section and section 43-01-15.1 to

account for inflation. Under this subsection, in calculating an adjustment the board

shall use the consumer price index for all urban consumers in the midwest region as

determined by the United States department of labor, bureau of labor statistics. The

board shall round the fees to the nearest whole number.
N.D. Cent. Code § 43-23.3-02 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-02
43-23.3-02. North Dakota real estate appraiser qualifications and ethics board
Status: in_force

43-23.3-02. North Dakota real estate appraiser qualifications and ethics board

1. The governor shall appoint the board. The board must consist of five members. One

member must represent the public; one member must be a representative of the

financial industry; and three members must be appraisers, at least one of which is

experienced in the appraisal of agricultural property.

a. Each appraiser member of the board must be either a licensed or certified

appraiser, but at least two of the appraiser members must be certified appraisers.

b. The governor shall appoint the financial industry representative from a list of

qualified individuals submitted by the North Dakota bankers associations, the

credit union association of the Dakotas, and the North Dakota farm credit system

associations. Each of these entities may submit two names of candidates to the

governor. The public member of the board may not be engaged in the practice of

real estate appraising.

2. The term of each member is five years. A member may not serve more than two

consecutive five-year terms, after which at least two years must pass before the

governor may reappoint that former member to the board. The governor shall appoint

members so the terms of no more than two members expire each year. A member of

the board continues to hold office until the appointment and qualification of a

successor. The governor may remove a board member for cause.

3. Annually the members shall elect a chairman from among the members.

4. At least two of the members who are appraiser members must be present in order for

a quorum to exist.

5. The members are entitled to receive compensation for each day actually engaged in

the service of the board and actual and necessary traveling expenses at the rate

allowed other state officials, paid from the fees collected by the board.
N.D. Cent. Code § 43-28-10.1 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-10.1
43-28-10.1. Requirements for licensure
Status: in_force

43-28-10.1. Requirements for licensure

The board may grant a license to practice dentistry to an applicant who has met all of the

following requirements:

1. The applicant has a doctorate of dental surgery or doctorate of dental medicine degree

from an accredited dental school.

2. The applicant has passed the examination administered by the joint commission on

national dental examinations or the national dental examining board of Canada.

3. The applicant has passed a clinical competency examination administered by a

regional dental testing service approved by the board by rule.

4. 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.

5. Grounds for denial of the application under section 43-28-18 do not exist.

6. The applicant has met any requirement for licensure established by the board by rule.
N.D. Cent. Code § 43-15-42.1 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-42.1
43-15-42.1. Penalties - Reinstatement - Criminal prosecutions - Judicial review
Status: in_force

43-15-42.1. Penalties - Reinstatement - Criminal prosecutions - Judicial review

1. Upon the finding of the existence of grounds for discipline of any person holding,

seeking, or renewing a permit or license under this chapter, the board may impose one

or more of the following penalties:

a. Suspension of the offender's permit or license for a term to be determined by the

board.

b. Revocation of the offender's permit or license.

c. Restriction of the offender's permit or license to prohibit the offender from

performing certain acts or from engaging in the practice of pharmacy in a

particular manner for a term to be determined by the board.

d. Refusal to issue or renew offender's permit or license.

e. Placement of the offender or the offender's permit or license under suspension

and supervision by the board for a period to be determined by the board.

f. Cancellation of the offender's permit or license.

g. Reprimand.

h. Imposition of a fine not to exceed one thousand dollars for each offense involving

diversion of controlled substances or a fine not to exceed five hundred dollars for

any other offense, with the sanction that the permit or license may be suspended

until the fine is paid to the board.

2. Any person whose permit or license to practice pharmacy in North Dakota has been

suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by

action of the board, has the right, at reasonable intervals, to petition the board for

reinstatement of such permit or license. A petition must be made in writing and in the

form prescribed by the board. Upon investigation and hearing, the board may in its

discretion grant or deny such petition, or it may modify its original finding to reflect any

circumstances which have changed sufficiently to warrant such modifications.

3. Nothing herein shall be construed as barring criminal prosecutions for violations of this

chapter if such violations are deemed as criminal offenses in other statutes of North

Dakota or of the United States.

4. All final decisions by the board shall be subject to judicial review pursuant to chapter

28-32.
N.D. Cent. Code § 43-34-09 — ND Code / Title 43 / Chapter 43-34 / Section 43-34-09
43-34-09. Duties of the board
Status: in_force

43-34-09. Duties of the board

The board has the duty and responsibility to:

1. Develop, impose, and enforce standards which must be met by individuals in order to

receive a license as a nursing home administrator, which standards must be designed

to ensure that nursing home administrators will be individuals who are of good

character and are otherwise suitable, and who, by training or experience in the field of

institutional administration, are qualified to serve as nursing home administrators.

2. Develop and apply appropriate techniques, including examination and investigations,

for determining whether an individual meets such standards.

3. Issue licenses to individuals determined, after application of such techniques, to meet

such standards, and for cause, after due notice and hearing, to revoke or suspend

licenses previously issued by the board if the individual holding such license is

determined substantially to have failed to conform to the requirements of such

standards.

4. Establish and carry out procedures designed to ensure that individuals licensed as

nursing home administrators will, during any period that they serve as such, comply

with the requirements of such standards.

5. Receive, investigate, and take appropriate action with respect to, and including the

revocation of a license if necessary after due notice and hearing and for cause, any

charge or complaint filed with the board to the effect that any individual licensed as a

nursing home administrator has failed to comply with the requirements of such

standards.

6. Conduct a continuing study and investigation of nursing homes, and administrators of

nursing homes within the state with a view to the improvement of the standards

imposed for the licensing of such administrators and of procedures and methods for

the enforcement of such standards with respect to administrators of nursing homes

who have been licensed as such.

7. Conduct, or cause to be conducted, one or more courses of instruction and training

sufficient to meet the requirements of this chapter, and make provisions for such

courses and their accessibility to residents of this state unless it finds that there are

and approves a sufficient number of courses which courses are conducted by others

within this state. In lieu thereof the board may approve courses conducted within and

without this state as sufficient to meet the education and training requirements of this

chapter.
N.D. Cent. Code § 43-43-02 — ND Code / Title 43 / Chapter 43-43 / Section 43-43-02
43-43-02. Licensure required
Status: in_force

43-43-02. Licensure required

No person may engage in the practice of environmental health, nor use the title

"environmental health practitioner" or the initials "E.H.P." or otherwise hold out as able to

engage in the practice of environmental health unless the person is licensed pursuant to this

chapter.
N.D. Cent. Code § 43-40-15 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-15
43-40-15. Renewal of license
Status: in_force

43-40-15. Renewal of license

1. Any license issued under this chapter is subject to biennial renewal and expires unless

renewed in the manner prescribed by the rules of the board. The board may provide

for the late renewal of a license upon the payment of a late fee in accordance with its

rules, but late renewal of a license may not be granted more than three years after its

expiration.

2. The board may establish additional requirements for license renewal which provide

evidence of continuing competency.
N.D. Cent. Code § 43-10.1-01 — ND Code / Title 43 / Chapter 43-10.1 / Section 43-10.1-01
43-10.1-01. Definitions
Status: in_force

43-10.1-01. Definitions

As used in this chapter:

1. "Cemetery association" means any person owning, conducting, or maintaining a

cemetery or plot for the burial of dead human bodies.

2. "Cemetery merchandise" means all service or property to be used in funeral services

or burials other than professional service or personal property to be used in funeral

services.

3. "Commissioner" means the insurance commissioner.

4. "Irrevocable itemized funeral contract" means an irrevocable pre-need funeral service

contract that is an itemized listing of goods and services that will be received based on

the contract.

5. "Licensed funeral establishment" means a funeral establishment as defined and

licensed in accordance with sections 43-10-21 and 43-10-22.

6. "Pre-need funeral service contract" means any contract, other than an insurance

contract, under which for a specified consideration paid in advance in a lump sum or

by installments, a person promises, upon the death of a beneficiary named or implied

in the contract, to furnish professional service or personal property to be used in

funeral services, or to furnish cemetery merchandise.

7. "Professional service or personal property to be used in funeral services" means all

personal property, services, supplies, and equipment normally performed or furnished

by a licensed embalmer, a licensed funeral establishment, or a cemetery association

including any inside interment receptacles or containers into which a dead human

remains may be directly placed, caskets, crypt beds, catafalques, and all other articles

of merchandise incident to a funeral service, but excluding any outside interment

receptacles into which any inside receptacle or container will be placed, grave lots,

grave spaces, grave markers, monuments, tombstones, crypts, niches, and

mausoleums unless these items are sold by a companion agreement or in

contemplation of a trade or barter which includes the sale or rental of any inside

interment receptacles or containers into which a dead human remains may be directly

placed, caskets, crypt beds, catafalques, or other articles of merchandise incident to a

funeral service.
N.D. Cent. Code § 43-32-12 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-12
43-32-12. Application and fee for licensure
Status: in_force

43-32-12. Application and fee for licensure

The board shall adopt rules establishing the amount of the application fee for licensure. A

fee is not refundable.
N.D. Cent. Code § 43-23.5-13 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-13
43-23.5-13. Verification of licensure or certification
Status: in_force

43-23.5-13. Verification of licensure or certification

1. An appraisal management company registered in this state may not enter any contract

or agreement with an appraiser for the performance of appraisals unless the company

verifies that the appraiser is licensed or certified in good standing in this state.

2. An appraisal management company seeking to be registered in this state 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 and process in place to verify that an individual being

added to the appraiser panel of the company for appraisal services holds a permit in

good standing in this state.
N.D. Cent. Code § 43-36-13 — ND Code / Title 43 / Chapter 43-36 / Section 43-36-13
43-36-13. Qualifications of soil classifier-in-training
Status: in_force

43-36-13. Qualifications of soil classifier-in-training

Unless otherwise qualified, a person must be admitted to certification as a soil

classifier-in-training, which certification is valid for four years, if the person is:

1. A graduate of a soils curriculum approved by the board and has passed an

examination in the fundamentals of soil classification; or

2. An applicant who has completed a soils curriculum not approved by the board and

who has a specific record of four years of soil classification experience of a grade and

character satisfactory to the board and who passes an examination in the

fundamentals of soil classification.
N.D. Cent. Code § 43-04-44 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-44
43-04-44. Inspection of barbershops and barber schools
Status: in_force

43-04-44. Inspection of barbershops and barber schools

Any member of the board or any of its inspectors, agents, or assistants may enter and

inspect any barbershop, mobile barbershop, or barber school at any time during business hours.
N.D. Cent. Code § 43-41-11.2 — ND Code / Title 43 / Chapter 43-41 / Section 43-41-11.2
43-41-11.2. Duty to report - Immunity
Status: in_force

43-41-11.2. Duty to report - Immunity

A licensed social worker who has substantial evidence a licensee has an active addictive

disease for which the licensee is not receiving treatment under a program approved by the

board under an agreement entered under this section, is diverting a controlled substance, or is

mentally or physically incompetent to carry out the duties of the license, shall report the

evidence to the board. An individual who reports under this section in good faith and without

malice is immune from any civil or criminal liability arising from the report. Failure to provide a

report within a reasonable time may be considered grounds for disciplinary action against the

licensee.
N.D. Cent. Code § 43-49-13 — ND Code / Title 43 / Chapter 43-49 / Section 43-49-13
43-49-13. Administrative procedures
Status: in_force

43-49-13. Administrative procedures

Any person may file a written complaint with the board seeking disciplinary action against a

reflexologist for violations of this chapter or rules adopted by the board. If the board determines

that a complaint alleges facts that, if true, would require denial, revocation, suspension, or

nonrenewal or other disciplinary action of a licensed reflexologist, the board shall conduct a

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

to chapter 28-32. The board may dismiss a complaint that does not state facts that warrant

action.
N.D. Cent. Code § 43-19.1-09 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-09
43-19.1-09. Receipts and disbursements
Status: in_force

43-19.1-09. Receipts and disbursements

The executive director for the board shall receive and account for all moneys derived under

the provisions of this chapter and shall deposit and disburse the money derived under this

chapter in accordance with section 54-44-12. The executive director shall receive such salary as

the board shall determine. The board shall employ clerical or other assistants as are necessary

for the proper performance of the board's work and shall make expenditures of this fund for any

purpose the board determines is reasonably necessary for the proper performance of the

board's duties under this chapter, including the expenses of the board's delegates to meetings

of and membership fees to the national council of examiners for engineering and surveying and

any of the organization's subdivisions.
N.D. Cent. Code § 43-40-03.1 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-03.1
43-40-03.1. Occupational therapy students - Occupational therapy aides
Status: in_force

43-40-03.1. Occupational therapy students - Occupational therapy aides

1. A person pursuing a supervised course of study leading to a degree or certificate in

occupational therapy at an accredited or approved educational program may perform

occupational therapy services if the services are a part of the student's supervised

course of study, provided that the student is designated by a title that clearly indicates

the student's status as a student or trainee.

2. Occupational therapy aides may assist in the practice of occupational therapy only

under the direct supervision of an occupational therapist or occupational therapy

assistant and in accordance with rules adopted by the board.
N.D. Cent. Code § 43-07-26 — ND Code / Title 43 / Chapter 43-07 / Section 43-07-26
43-07-26. Warranty repairs - Required notice
Status: in_force

43-07-26. Warranty repairs - Required notice

Before undertaking any repair, other than emergency repair, or instituting any action for

breach of warranty in the construction of a one-family or two-family dwelling, or an improvement

with a value exceeding two thousand dollars to a dwelling, the purchaser or owner shall give the

contractor written notice by mail, within six months after knowledge of the defect, advising the

contractor of any defect and giving the contractor a reasonable time to comply with this section.

Within a reasonable time after receiving the notice, the contractor shall inspect the defect and

provide a response to the purchaser or owner, and, if appropriate, remedy the defect within a

reasonable time thereafter. The contractor shall provide the purchaser or owner written notice of

the requirements of this section at the time of closing for the property or, in the case of an

improvement, at the time of completion of the improvement. For the purposes of this section,

"reasonable time" means within thirty business days after the notice is mailed or any shorter

period of time as may be appropriate under the circumstances.
N.D. Cent. Code § 43-45-08 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-08
43-45-08. Penalty
Status: in_force

43-45-08. Penalty

Any person who violates subsection 1 of section 43-45-05.2 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 43-25-05 — ND Code / Title 43 / Chapter 43-25 / Section 43-25-05
43-25-05. Board of massage therapy - Terms
Status: in_force

43-25-05. Board of massage therapy - Terms

1. The governor shall appoint a board of massage therapy, to consist of five members.

a. Three members of the board must be massage therapists who are licensed in this

state and annually work at least five hundred hours practicing massage in this

state and have done so for at least the previous three years. These members

must be appointed for terms of three years, staggered so that the term of one

member expires each year.

b. One member of the board must be a consumer member. To qualify as a

consumer member an individual may not be or have been a massage therapist,

may not have an immediate family member who is a massage therapist, may not

be an owner of or have any affiliation with a massage school, and may not have a

direct and substantial financial interest in massage therapy. This member must be

appointed for a two-year term, staggered so that the term expires with a licensed

board member but not with the instructor board member.

c. One member of the board must be a current or former massage therapy

instructor of a massage therapy program that meets the standards set by the

board. This member must be appointed for a term of two years, staggered so that

the term expires with a licensed board member but not with the consumer board

member.

d. Each member of the board holds office until that member's successor is

appointed and qualified. Any member may only serve for a total of six consecutive

years, after which that member may not be reappointed unless a period of three

years has passed since that member last served on the board.

2. Within one month after appointment of a new member, the board shall meet at some

convenient place within the state and shall annually elect a president, vice president,

secretary, and treasurer. The treasurer must be bonded in the sum of at least fifty

thousand dollars for the faithful discharge of the treasurer's duties.

3. Each member of the board must be a citizen of North Dakota and the United States.
N.D. Cent. Code § 43-51-13 — ND Code / Title 43 / Chapter 43-51 / Section 43-51-13
43-51-13. Definition - Registration - Obtaining a license or permit
Status: in_force

43-51-13. Definition - Registration - Obtaining a license or permit

1. For purposes of this section "occupational or professional certificate, permit, or

license" means a certificate, permit, or license issued by or on behalf of the state by

any of the state's licensing authorities or occupational or professional boards.

2. A business entity that has a registration requirement with the secretary of state only

may seek to obtain an occupational or professional certificate, permit, or license

required of the state after the registration is filed with the secretary of state.
N.D. Cent. Code § 43-10-15.2 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-15.2
43-10-15.2. Issuance of duplicate licenses
Status: in_force

43-10-15.2. Issuance of duplicate licenses

Upon receipt of satisfactory evidence that a license or certificate has been lost, mutilated, or

destroyed, the board may issue a duplicate license or certificate upon such terms and

conditions as the board prescribes, and upon payment of a fee of ten dollars.
N.D. Cent. Code § 43-45-03 — ND Code / Title 43 / Chapter 43-45 / Section 43-45-03
43-45-03. Board member terms
Status: in_force

43-45-03. Board member terms

The governor shall appoint new board members. Appointments must be for three-year

terms, but an individual may not be appointed to serve for more than two consecutive terms.

Terms begin on the first day of the calendar year and end on the last day of the calendar year or

until successors are appointed.
N.D. Cent. Code § 43-19.1-12.1 — ND Code / Title 43 / Chapter 43-19.1 / Section 43-19.1-12.1
43-19.1-12.1. Conviction not bar to registration - Exceptions
Status: in_force

43-19.1-12.1. Conviction not bar to registration - Exceptions

Conviction of an offense does not disqualify an individual from registration under this

chapter unless the board determines that the offense has a direct bearing upon an individual's

ability to serve the public as an engineer or land surveyor or that following conviction of any

offense the individual is not sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 43-11-04 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-04
43-11-04. Members of board - Qualifications
Status: in_force

43-11-04. Members of board - Qualifications

Each member of the board must be an eligible voting resident of this state and have at least

three years of practical experience in the occupation. The board must consist of at least three

licensed cosmetologists and one licensed cosmetology instructor, secondary teacher, or

postsecondary educator. Three members may be any of the following:

1. A licensed cosmetologist;

2. A licensed esthetician;

3. A licensed advanced esthetician; or

4. A licensed manicurist.
N.D. Cent. Code § 43-13-03 — ND Code / Title 43 / Chapter 43-13 / Section 43-13-03
43-13-03. North Dakota state board of optometry - Members - Appointment - Qualifications - Terms of office - Oath - Vacancies
Status: in_force

43-13-03. North Dakota state board of optometry - Members - Appointment -

Qualifications - Terms of office - Oath - Vacancies.

The North Dakota state board of optometry consists of seven members appointed by the

governor for a term of five years each, with their terms of office so arranged that at least one

term expires on June thirtieth of each year. Five of the members of the board must be resident

licensed optometrists who have an established optometric practice in this state and are

engaged in the actual practice of optometry in this state. Each member of the board shall qualify

by taking the oath required of civil officers and filing the same with the secretary of the board. A

member of the board shall hold office until a successor is appointed and qualified. A vacancy on

the board must be filled by appointment by the governor for the remainder of the unexpired

term.
N.D. Cent. Code § 43-18.1-06 — ND Code / Title 43 / Chapter 43-18.1 / Section 43-18.1-06
43-18.1-06. Renewal of license and registration - Fee
Status: in_force

43-18.1-06. Renewal of license and registration - Fee

Except for special temporary licenses as provided in this chapter, a license issued under

this chapter is valid for only one year and expires on December thirty-first of the year in which it

was issued. The license must be renewed by the board upon application made within thirty days

after the expiration thereof and on the payment of the fees as provided in section 43-18.1-04.
N.D. Cent. Code § 43-32-01 — ND Code / Title 43 / Chapter 43-32 / Section 43-32-01
43-32-01. Definitions
Status: in_force

43-32-01. Definitions

1. "Board" means the North Dakota state board of psychologist examiners.

2. "Industrial-organizational psychologist" means an individual who is licensed under this

chapter to engage in the practice of industrial-organizational psychology.

3. "Industrial-organizational psychology" means the provision of psychological research

services or consultation services to a group or an organization. The term does not

include the delivery or supervision of services to individuals who are themselves,

rather than the group or organization, the intended beneficiaries of the services,

regardless of the source or extent of payment for services rendered.

4. "Industrial-organizational psychology resident" means an individual who has met the

requirement of subdivision b of subsection 2 of section 43-32-20, is involved in

supervised employment in industrial-organizational psychology, and has registered

with the board.

5. "Licensee" means an industrial-organizational psychologist or a psychologist.

6. "Practice of psychology" means the observation, description, evaluation, interpretation,

or modification of human behavior by the application of psychological principles,

methods, and procedures for the purpose of preventing or eliminating symptomatic,

maladaptive, or undesired behavior and enhancing interpersonal relationships, work

and life adjustment, personal effectiveness, behavioral health, and mental health. The

term includes psychological testing and the evaluation or assessment of personal

characteristics, such as intelligence, personality, abilities, interests, aptitudes, and

neuropsychological functioning; counseling, psychotherapy, biofeedback, behavior

analysis and therapy, clinical applications of hypnosis, and other therapeutic

techniques based on psychological principles; diagnosis and treatment of mental and

emotional disorder or disability, compulsive disorders, disorders of habit or conduct as

well as of the psychological aspects of physical illness, accident, injury, or disability;

and psychoeducational evaluation, therapy, remediation, and consultation. The term

includes providing psychological services to individuals, families, groups,

organizations, institutions, and the public regardless of whether payment is received

for services rendered. The term includes supervising others who are engaged in the

practice of psychology.

7. "Psychologist" means an individual who is licensed under this chapter in the practice

of psychology.

8. "Psychology resident" means an individual who is registered by the board and is

actively engaged in supervised practice.

9. "School or college" means any university or other institution of higher learning which is

accredited by a regional accrediting association, offering a full-time graduate course of

study in industrial-organizational psychology or psychology as appropriate.
N.D. Cent. Code § 43-11-09 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-09
43-11-09. Fees - Deposited with state treasurer - Expenses - How paid
Status: repealed

43-11-09. Fees - Deposited with state treasurer - Expenses - How paid

Repealed by S.L. 1971, ch. 510, § 15.
N.D. Cent. Code § 43-04-05 — ND Code / Title 43 / Chapter 43-04 / Section 43-04-05
43-04-05. Oath of office - How vacancies filled - Removal
Status: in_force

43-04-05. Oath of office - How vacancies filled - Removal

Each member of the board shall qualify by taking the oath required for civil officers. A

vacancy on the board must be filled by appointment by the governor for the unexpired term.

Such appointment must be made from the list of five names submitted to the governor by the

state barber association from which the original appointment was made. A member of the board

may be removed by the governor for cause.
N.D. Cent. Code § 43-10-26 — ND Code / Title 43 / Chapter 43-10 / Section 43-10-26
43-10-26. Disposition of stored cremated remains
Status: in_force

43-10-26. Disposition of stored cremated remains

Any cremated remains in the possession of a funeral home in this state that have not been

claimed within twelve months after the time of cremation may be disposed of in accordance with

this section and section 43-10-06.1. At least thirty days prior to such disposition, any funeral

home wishing to dispose of such remains shall send a written notice to the last-known address

of the responsible person who directed and provided for the method of final disposition of the

human remains to the effect that such remains will be disposed of unless claimed by the person

within thirty days from the date of mailing such notice. The notice must be sent by registered

mail, return receipt requested.
N.D. Cent. Code § 43-29-07 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-07
43-29-07. Requirements for veterinarian licensure
Status: in_force

43-29-07. Requirements for veterinarian licensure

The board may grant a license to practice veterinary medicine to an applicant who:

1. Is a graduate of an approved college of veterinary medicine or has completed an

equivalency program of veterinary medicine as established by the board by rule;

2. Passes the national board examination and clinical competency test, or the North

American veterinary licensing examination;

3. Passes the state board examination;

4. Has no grounds for license refusal under section 43-29-14; and

5. Meets any additional requirements for licensure established by the board by rule.
N.D. Cent. Code § 43-53-12 — ND Code / Title 43 / Chapter 43-53 / Section 43-53-12
43-53-12. Penalty
Status: in_force

43-53-12. Penalty

Any person who practices without a license in violation of this chapter is guilty of a class B

misdemeanor.
N.D. Cent. Code § 43-23-08 — ND Code / Title 43 / Chapter 43-23 / Section 43-23-08
43-23-08. License standards
Status: in_force

43-23-08. License standards

1. Licenses and license renewals may be granted only to persons who bear a good

reputation for honesty, truthfulness, and fair dealing and who are competent to

transact the business of a real estate broker or a real estate salesperson in such

manner as to safeguard the interest of the public, and whose real estate license has

not been revoked in this or any other state within two years before the date of

application. To determine the competency of applicants, the commission shall

prescribe and hold examinations at designated times and places.

2. In addition to the requirements established by subsection 1, an applicant for a broker's

or salesperson's license must be at least eighteen years of age.

3. Every applicant for a license as a real estate broker:

a. Must have been actively engaged as a licensed real estate salesperson for a

period of at least two years preceding the date of application; or

b. Must have had experience as determined by the commission to be substantially

equal to that which a licensed real estate salesperson would ordinarily receive

during a period of two years.

4. As a prerequisite for licensure, an applicant for a salesperson's license shall furnish to

the commission evidence the applicant has successfully completed at least ninety

hours in courses of study approved by the commission. An applicant for a broker's

license must have successfully completed an additional sixty hours in courses of study

approved by the commission. An applicant for a salesperson's or broker's license may

take the licensing examination before fulfillment of the prerequisite educational

requirement; however, the commission may not issue a license to an applicant unless

satisfactory evidence of completion of this prerequisite educational requirement is

furnished to the commission.

5. If the commission finds an applicant could not acquire employment as a licensed real

estate salesperson because of conditions existing in the area where the salesperson

resides, the experience requirements established in subdivisions a and b of

subsection 3 may be waived by the commission. The educational requirements of

subsection 4 may not be waived by the commission, but guidelines may be

established by which applicants who have engaged in certain educational courses of

study which are closely related to the real estate profession may be deemed to have

satisfied this requirement.

6. The commission may adopt reasonable rules and regulations pursuant to the

provisions of chapter 28-32 relative to procedures for licensing, approval of

coursework, and for the type of certification or proof of coursework completion that

must be submitted.
N.D. Cent. Code § 43-11-34 — ND Code / Title 43 / Chapter 43-11 / Section 43-11-34
43-11-34. Appeal from actions of the board
Status: in_force

43-11-34. Appeal from actions of the board

An appeal may be taken from an action of the board under this chapter in refusing to grant

or in suspending or revoking a license to the district court of the county of residence of the

individual who has been refused a license or whose license has been suspended or revoked.

The appeal must be taken in accordance with the provisions under chapter 28-32.
N.D. Cent. Code § 43-28-11.2 — ND Code / Title 43 / Chapter 43-28 / Section 43-28-11.2
43-28-11.2. Fitness - Criminal history record check - Costs
Status: in_force

43-28-11.2. Fitness - Criminal history record check - Costs

The board may investigate an applicant's or a dentist's fitness, qualification, and previous

professional record and performance. The board may seek information sought under this

section from recognized data sources, including the national practitioners data bank, data

repositories, licensing and disciplinary authorities of other jurisdictions, professional education

and training institutions, liability insurers, health care institutions, and law enforcement agencies.

An applicant or a dentist for whom the board is performing an investigation under this section

shall cooperate with the board if necessary to access the information sought by the board. The

board or the board's investigative disciplinary panels may require an applicant or a dentist who

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

history record check. The criminal history record check must be conducted in the manner

provided by section 12-60-24. All costs associated with a criminal history record check

performed under this section are the responsibility of the dentist or applicant.
N.D. Cent. Code § 43-18-19 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-19
43-18-19. Revocation - Hearing
Status: in_force

43-18-19. Revocation - Hearing

A certificate of registration and license issued under the provisions of this chapter may be

revoked only after a hearing of the charges by the board. The holder of the certificate must be

notified in writing by the board of the charges against the holder and of the time and place fixed

for the hearing. Such notice must be served by registered or certified mail, addressed to the

post-office address of the certificate holder as shown in the holder's certificate of registration

and license. The time set for the hearing must be not less than ten days after the service of the

notice. The hearing must be public and full opportunity must be given the accused to produce

witnesses and evidence in the accused's own behalf and to examine the witnesses against the

accused. After hearing all the evidence, the board shall render its decision in writing and the

accused must be furnished, by mail, a copy thereof. If the accused is found guilty of any offense

for which revocation of the license is provided, the certificate of registration and license is

revoked automatically.
N.D. Cent. Code § 43-15-21 — ND Code / Title 43 / Chapter 43-15 / Section 43-15-21
43-15-21. License - Issuance
Status: in_force

43-15-21. License - Issuance

The board shall cause to be issued to each pharmacist in this state whom it finds entitled

thereto, a license showing:

1. The date of issue.

2. The fact that the person to whom it was issued is a licensed pharmacist.

3. The residence of the person to whom the license was issued.

The license must be signed by a majority of the members of the board.
N.D. Cent. Code § 43-23.3-20 — ND Code / Title 43 / Chapter 43-23.3 / Section 43-23.3-20
43-23.3-20. Fees
Status: in_force

43-23.3-20. Fees

The board may charge apprentice, licensed, and certified permittees and educational

providers or promoters reasonable fees to help offset costs of operating the board. The board

shall establish the charges by rule.
N.D. Cent. Code § 43-40-11 — ND Code / Title 43 / Chapter 43-40 / Section 43-40-11
43-40-11. Application for examination or licensure - Denial
Status: in_force

43-40-11. Application for examination or licensure - Denial

1. A person satisfying the requirements of section 43-40-08 may apply for examination in

the manner the board prescribes. The application must be accompanied by the

nonrefundable fee prescribed under section 43-40-07.

2. The board shall approve an examination for occupational therapists and an

examination for occupational therapy assistants and establish standards for

acceptable performance.

3. The board shall notify each applicant that the application and evidence submitted for

licensing is satisfactory and accepted, or unsatisfactory and rejected. If rejected, the

notice must state the reasons for rejection and explain the right to a hearing under

chapter 28-32. A hearing must be requested within thirty days.
N.D. Cent. Code § 43-28.1-07 — ND Code / Title 43 / Chapter 43-28.1 / Section 43-28.1-07
43-28.1-07. Contract obligation
Status: in_force

43-28.1-07. Contract obligation

The department of health and human services shall enter a contract with a selected dentist.

The contract must provide the department of health and human services agrees to make

payments of loan repayment funds to the selected dentist, subject to the dentist meeting the

requirements and limitations established by the department of health and human services under

this chapter.
N.D. Cent. Code § 43-17-08 — ND Code / Title 43 / Chapter 43-17 / Section 43-17-08
43-17-08. Power of board to administer oaths - Summon witnesses - Take testimony
Status: repealed

43-17-08. Power of board to administer oaths - Summon witnesses - Take testimony

Repealed by S.L. 1987, ch. 525, § 13.
N.D. Cent. Code § 43-29-12.1 — ND Code / Title 43 / Chapter 43-29 / Section 43-29-12.1
43-29-12.1. Veterinary technician services - Emergency services - Prohibited services
Status: repealed

43-29-12.1. Veterinary technician services - Emergency services - Prohibited services

Repealed by S.L. 2025, ch. 397, § 30.
N.D. Cent. Code § 43-23.5-20 — ND Code / Title 43 / Chapter 43-23.5 / Section 43-23.5-20
43-23.5-20. Mandatory reporting
Status: in_force

43-23.5-20. Mandatory reporting

An appraisal management company that has a reasonable basis to believe an appraiser

has failed to comply with applicable laws or rules or has substantially violated the uniform

standards of professional appraisal practice shall refer the matter to the board.
N.D. Cent. Code § 43-58-06 — ND Code / Title 43 / Chapter 43-58 / Section 43-58-06
43-58-06. Initial applications - Education and testing exception
Status: in_force

43-58-06. Initial applications - Education and testing exception

Notwithstanding the education and examination requirements for licensure under

subdivisions a and b of subsection 1 of section 43-58-05, if an applicant was a bona fide

resident of the state from January 1, 2011, through December 31, 2011, was practicing

naturopathic medicine in this state immediately preceding January 1, 2012, was required to

apply for licensure under this chapter in order to continue that practice, and does not meet the

educational or examination requirements or both, the board may issue a license or limited

license to that applicant if, following an examination of the applicant’s education and experience,

the board determines the applicant has sufficient education and experience to prepare the

applicant to practice naturopathic medicine.
N.D. Cent. Code § 43-01-15.1 — ND Code / Title 43 / Chapter 43-01 / Section 43-01-15.1
43-01-15.1. Surface abstracts and mineral abstracts to be furnished upon request - Zoning and subdivision exclusion upon request
Status: in_force

43-01-15.1. Surface abstracts and mineral abstracts to be furnished upon request -

Zoning and subdivision exclusion upon request.

An abstracter shall furnish an abstract of title to the surface of any tract of land, when

requested to do so, omitting therefrom all instruments of transfer or conveyance of mineral

rights, royalties, and other mineral interests except instruments which sever mineral rights or

royalties from surface rights. In addition to such surface abstract, an abstracter shall, when

requested to do so, furnish a list showing the names of the grantor and grantee and the

recording data of all instruments in the chains of title which transfer or convey mineral rights,

royalties, or other mineral interests and which are not included in the surface abstract. For each

instrument searched and listed, but not included in the surface abstract, an abstracter may

charge a fee not to exceed three dollars. When requested to do so, an abstracter shall furnish a

mineral abstract of any chain of title to the minerals of any tract of land which shall consist of the

instrument severing the mineral rights or royalties from the surface rights and include all

instruments of transfer or conveyance of mineral rights, royalties, and other mineral interests. If

requested, such mineral abstract may be combined with a surface abstract of all instruments

affecting title to the tract of land to and including the instrument severing the mineral rights,

royalties, or other mineral interests being abstracted. Further, when requested to do so, an

abstracter shall omit zoning and subdivision ordinances but shall note and exclude them from

the abstract of title. An abstracter may charge a per entry fee under section 43-01-18 for each

omitted zoning and subdivision ordinance.
N.D. Cent. Code § 43-18-11.4 — ND Code / Title 43 / Chapter 43-18 / Section 43-18-11.4
43-18-11.4. Plumbing inspectors - License required - Exception
Status: in_force

43-18-11.4. Plumbing inspectors - License required - Exception

A person employed by the state board of plumbing or a political subdivision to inspect

plumbing installations must be licensed as a journeyman or master plumber. This section does

not apply to an inspector employed by the board of plumbing or a political subdivision as of

July 2, 1989.