reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-01 - Organization of the health information technology office

Current through Supplement No. 393, July, 2024
1. History.
				The sixty-first legislative assembly created the health information technology
				office in the department of information technology and created the health
				information technology advisory committee.
2. Purpose. The health information technology
				office, upon recommendations of the advisory committee, shall implement a
				statewide interoperable health information infrastructure that is consistent
				with emerging national standards; promote the adoption and use of electronic
				health records and other health information technologies; promote
				interoperability of health information systems for the purpose of improving
				health care quality, patient safety, and the overall efficiency of health care
				and public health; apply for federal funds that may be available to assist the
				state and health care providers in implementing and improving health
				information technology; and establish a health information technology loan
				program to provide loans to health care providers for the purpose of purchasing
				and upgrading certified electronic health record technology, training personnel
				in the use of such technology, and improving the secure electronic exchange of
				health information.
The health information advisory committee shall collaborate
				  with and make recommendations to the health information technology office. The
				  health information technology advisory committee consists of the state chief
				  information officer or the chief information officer's designee, the state
				  health officer or the state health officer's designee, the governor or the
				  governor's designee, the executive director of the department of human services
				  or the executive director's designee, the chairman of the house human services
				  committee and the chairman of the senate human services committee or if either
				  or both of them are unwilling or unable to serve then the chairman of the
				  legislative management shall appoint a replacement who is a member of the same
				  legislative chamber as the individual being replaced, and individuals appointed
				  by the governor to represent a broad range of public and private health
				  information technology stakeholders.
3. Inquiries. General inquiries regarding the
				North Dakota health information technology office should be addressed to:
North Dakota Health Information Technology Office
600 East Boulevard Avenue, Dept. 113
Bismarck, ND 58505-0100
General Authority:
NDCC
					 54-59-26
Law Implemented:
NDCC 28-32-02.1,
					 54-59-25,
					 54-59-26,
					 54-59-27,
					 54-59-28,
					 54-59-29,
					 54-59-30
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-02 - Definitions

Current through Supplement No. 393, July, 2024
Throughout this title, unless specifically stated otherwise,
				  the following terms mean:
1. "Authorized user" means a person who is authorized by a
				  participant to participate in the North Dakota health information network and
				  includes health care practitioners, employees, contractors, agents, or business
				  associates of a participant. Those who may qualify as authorized users may be
				  further defined in the North Dakota health information network policies and
				  procedures.
2. "Breach" means the acquisition, access, use, or disclosure
				  of protected health information in a manner not permitted under
				  45 CFR
				  164.402 which compromises the security or
				  privacy of the protected health information.
3. "Business associate" has the meaning set forth in
				  45 CFR
				  160.103 and generally means a person who
				  creates, receives, maintains, or transmits protected health information in the
				  performance of a function or activity on behalf of the covered entity. A
				  subcontractor of a business associate may also be considered a business
				  associate.
4. "Individual" means a person who is the subject of
				  protected health information and has the meaning set forth in
				  45 CFR
				  160.103 and shall include a person who
				  qualifies as a personal representative in accordance with
				  45 CFR
				  164.502(g).
5. "Opt out" means that an individual has chosen to not
				  participate in the North Dakota health information network.
6. "Participant" includes any organization, health care
				  practitioner or institution, health plan, or clearinghouse who has executed a
				  written participation agreement and business associate agreement with the North
				  Dakota health information network.
7. "Protected health information" means individually
				  identifiable health information (any oral or recorded information relating to
				  the past, present, or future physical or mental health of an individual; the
				  provision of health care to the individual; or the payment for health care)
				  maintained by any medium and transmitted by electronic media or in any other
				  form or medium.
General Authority:
NDCC
					 54-59-26
Law Implemented:
NDCC
					 23-12-19,
					 54-59-25,
					 54-59-26,
					 54-59-28,
					 54-59-29
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-03 - Individual partcipation

Current through Supplement No. 393, July, 2024
1. Purpose. The
				North Dakota health information network functions to provide for the electronic
				use and disclosure of a participating individual's protected health information
				by qualifying participants and their authorized users.
2. Individual participation.
a. Individual participation in the North
				Dakota health information network is voluntary. All individuals are considered
				to be participating until an individual has made a written decision to opt out
				of participation in the North Dakota health information network. Unless an
				individual elects to not participate, the individual's protected health
				information will be available through the North Dakota health information
				network for the purposes specified in section
				113-02-01-05.
b. An individual may choose not to
				participate completely or except for a medical emergency by completing and
				submitting the designated form to the North Dakota health information
				network.
c. If an individual has
				chosen to not participate in the North Dakota health information network, then
				the individual's protected health information will not be available for use and
				disclosure through the North Dakota health information network except as
				required by law, as authorized by the individual in a medical emergency, or by
				the provider who originally created or ordered the creation of the individual's
				protected health information.
d. An
				individual may change a prior election by completing and submitting the
				designated form to the North Dakota health information network.
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-04 - Authorized participants

Current through Supplement No. 393, July, 2024
1. Access. The
				North Dakota health information network grants the rights to access the North
				Dakota health information network to participants and authorized users with a
				legitimate business need for purposes of treatment, obtaining payment for
				treatment, health care operations, to comply with public health reporting
				requirements, and as required by law.
2. Participant agreement requirement.
				Participants must execute a participation agreement with the North Dakota
				health information network prior to being granted access. Access and use of the
				North Dakota health information network is nontransferable by the
				participant.
3. Responsibilities.
				Participants shall identify all of its authorized users in accordance with the
				North Dakota health information network policies and procedures. The North
				Dakota health information network shall establish a unique identifier for each
				authorized user.
a. Access to an individual's
				protected health information shall be based on the authorized user's job
				function and relationship to the individual according to policies and
				procedures established by the North Dakota health information
				network.
b. Participants shall
				notify the North Dakota health information network within twenty-four hours of
				any authorized user who by reason of termination of employment or otherwise is
				removed as an authorized user.
c.
				Participants shall provide training for all of its authorized users consistent
				with the participant's and North Dakota health information network policies,
				including privacy and security requirements.
d. The participant may suspend, limit, or
				revoke the access authority of an authorized user on its own initiative upon a
				determination that the authorized user has not complied with the participant's
				or the North Dakota health information network policies. The participant shall
				be responsible for informing the North Dakota health information network
				immediately, and in any case within twenty-four hours, of any revocation or
				suspension.
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-05 - Use and disclosure of protected health information

Current through Supplement No. 393, July, 2024
1.
				Approved uses and disclosures. A participant may use and disclose the protected
				health information accessible in the North Dakota health information network
				only for the following purposes:
a. Treatment,
				payment, and health care operations;
b. Permitted uses described in the
				participation agreement;
c As allowed under 45 CFR parts 160 and 164; and
d. As required by law.
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-07 - Enforcement

Current through Supplement No. 393, July, 2024
1. The health information technology director
				may suspend or terminate the participation in the North Dakota health
				information network of any participant or authorized user.
2. The health information technology
				director, or designee, may provide written notice of suspension of a
				participant's access to the North Dakota health information network to all
				participants and may provide a written summary of the reasons for the
				suspension to the suspended participant. The participant may follow the
				necessary provisions for the appeal mechanisms of the North Dakota health
				information network policies and procedures by responding to the suspension
				with a plan of correction or an objection to the suspension. The health
				information technology director shall review and either accept or reject the
				plan of correction.
a. If the plan of
				correction is accepted, the health information technology director shall, upon
				completion of the plan of correction, reinstate the participant's access to the
				North Dakota health information network.
b. If the plan of correction is rejected, the
				participant may appeal the health information technology director's decision to
				the health information technology advisory committee for a final
				determination.
North Dakota Administrative Code › Title 113 - North Dakota Health Information Network › Article 113-02 - North Dakota Health Information Network › Chapter 113-02-01 - North Dakota Health Information Network › Section 113-02-01-08 - Privacy and security protections

Current through Supplement No. 393, July, 2024
Appropriate safeguards must be used to prevent use or
				  disclosure of protected health information other than permitted by the North
				  Dakota health information network policies, including appropriate
				  administrative, physical, and technical safeguards that protect the
				  confidentiality, integrity, and availability of protected health information
				  through the North Dakota health information network.
1. At a minimum, appropriate safeguards shall
				be those identified in 45 CFR part 164, subpart C; and other applicable federal
				and state standards.
2. The North
				Dakota health information network shall report to a participant any successful
				unauthorized access, use, disclosure, modification, or destruction of a
				participant's electronic protected health information of which the North Dakota
				health information network is aware.
General Authority:
NDCC
					 54-59-26
Law Implemented:
NDCC
					 23-12-19,
					 54-59-25,
					 54-59-26,
					 54-59-28,
					 54-59-29
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-01 - General Administration › Chapter 114-01-01 - Organization of Board › Section 114-01-01-01 - Organization of medical imaging and radiation therapy board

Current through Supplement No. 393, July, 2024
1.
History
				and function.
The 2015 legislative assembly passed the medical imaging
				and radiation therapy board practices act, codified as North Dakota Century
				Code chapter 43-62. This chapter requires the governor to appoint the board of
				medical imaging and radiation therapy board. The function of the board is to
				regulate the practice of medical imaging and radiation therapy modalities by
				licensing qualified individuals.
2.
Board membership.
The board consists of nine members appointed by
				the governor. Five members are medical imaging or radiation therapy
				professionals, one each chosen from the primary modalities of nuclear medicine
				technology, radiation therapy, radiography, sonography, magnetic resonance
				imaging and medical imaging or radiation therapy education, one member is a
				radiologist, one is a medical physicist, one is a physician from a rural area,
				and one public member. Members of the board serve four-year terms. The terms
				are so arranged that no more than four terms expire on July thirty-first of
				each year. No member may be appointed for more than two consecutive four-year
				terms.
3.
Compensation.
Board members are entitled to receive expenses from
				board funds for each day or a portion of the day spent in board work as
				provided for other state officers in North Dakota Century Code section
				54-06-09. In addition to the expenses incurred while engaged in the performance
				of their duties, each board member is entitled to receive a per diem fee set by
				the board, not to exceed the fee established by law for the legislative
				assembly.
4.
Executive
				secretary.
The board shall employ personnel necessary to carry out North
				Dakota Century Code chapter 43-62 and this title will be responsible for the
				administration of the board's office and activities.
5.
Executive director.
The board
				may hire an executive director to oversee the administrative duties of the
				board, and who will answer to the board.
6.
Inquiries.
Inquiries
				regarding the board may be addressed to:
Medical Imaging and Radiation Therapy Board
P.O. Box 398
Bismarck, North Dakota 58502-0398
General Authority:
NDCC 28-32
Law Implemented:
NDCC
					 43-62
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-01 - General Administration › Chapter 114-01-03 - Fees › Section 114-01-03-01 - Fees

Current through Supplement No. 393, July, 2024
The board shall set fees in such an amount as to reimburse
				  the operational cost of licensure services rendered. All fees are
				  nonrefundable.
1. Application fee
				(Initial for all modalities): $25.00.
2. Bone densitometry technologist and limited
				x-ray machine operator:
a. Biennial renewal:
				$75.00.
b. Endorsement fee: $75.00
				plus the application fee.
c.
				Initial licensure application fee: $75.00 plus the application fee.
d. Late biennial renewal fee for an
				individual not practicing and is not currently licensed: biennial renewal fee
				plus an additional $50.00 reinstatement fee, if the application is postmarked
				on or between January second and March first.
e. Late biennial renewal fee for an
				individual practicing and is not currently licensed: double biennial renewal
				fee plus an additional $50.00 reinstatement fee, if the application is
				postmarked on or between January second and March first.
f. Renewal of licensure after March first
				must be approved by the board prior to issuance of a license.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-01 - Requirements for licensure for primary modalities

Current through Supplement No. 393, July, 2024
An individual may be licensed in one or more of the primary
				  modalities. An individual shall meet the following requirements for the primary
				  modalities:
1. "Magnetic resonance
				imaging technologist" shall satisfactorily complete the academic requirements
				of a magnetic resonance imaging technology accredited program or must have
				satisfactorily completed a course of study including clinical experience
				requirements for certification in magnetic resonance imaging or hold current
				certification and registration in magnetic resonance imaging technology. The
				individual:
a. May perform such procedures
				while under the general supervision by a licensed practitioner.
b. Shall hold current certification and
				registration by one of the following:
(1)
				American registry of magnetic resonance imaging technologists;
(2) American registry of radiologic
				technologists in magnetic resonance imaging technology;
(3) Submits verification of actively working
				towards certification requirements in magnetic resonance imaging
				technology;
(4) Has met other
				requirements established by the board and has successfully passed the North
				Dakota state administered examination; or
(5) Has met the requirements of a successor
				organization or the equivalent as recognized by the board.
c. Biennially shall complete the continuing
				education and other requirements set by the applicable certification
				organization to maintain certification and registration.
d. Otherwise the individual shall meet the
				unique licensure or practice standard requirements established by the board
				under subsection 7 of North Dakota Century Code section 43-62-14.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-02 - Limited x-ray machine operator

Current through Supplement No. 393, July, 2024
1.
				A limited license under this chapter may be issued provided the applicant was
				designated by the state department of health as a limited x-ray machine
				operator prior to the effective date of this section and is actively practicing
				immediately prior to that date and does not have an encumbered license or other
				restricted practice in any jurisdiction and meets board requirements, including
				continuing education requirements and training. The individual:
a. May perform limited series procedures only
				while under the general supervision by a licensed practitioner.
b. Upon renewal biennially shall complete
				twelve hours of continuing education.
c. Otherwise the individual shall meet the
				unique licensure or practice standard requirements established by the board
				under subsection 7 of North Dakota Century Code section 43-62-14.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-03 - Bone densitometry technologist

Current through Supplement No. 393, July, 2024
1. "Bone densitometry technologist" shall
				satisfactorily complete a course of study in bone densitometry. The individual:
a. May perform such procedures only while
				under the general supervision of a licensed practitioner.
(1) Must hold current registration and
				certification in a primary modality; or
(2) Registration and certification from the
				international society for clinical densitometry or has met the requirements of
				a successor organization or the equivalent as recognized by the board;
				or
(3) Has successfully passed the
				North Dakota state administered examination in bone densitometry.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-04 - Requirements for continuing education for other modalities recognized by the board

Current through Supplement No. 393, July, 2024
1. An individual must be continuing education
				compliant in each modality of practice and may practice in more than one
				modality and all the modalities will be acknowledged on the license.
2. To practice in a modality other than
				primary modalities, an individual shall meet the following requirements:
a. Biennially shall complete five hours of
				continuing education in each modality of current practice; or
b. Otherwise the individual shall meet the
				unique licensure or practice standard requirements established by the board
				under subsection 7 of North Dakota Century Code section 43-62-14.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-05 - Cardiac electrophysiology specialist

Current through Supplement No. 393, July, 2024
"Cardiac electrophysiology specialist" shall satisfactorily
				  complete all requirements as set by a certification organization recognized by
				  the board or hold current certification and registration. The
				  individual:
1. May assist with the
				performance of fluoroscopy procedures only while under personal supervision by
				a licensed practitioner; and
a. Must hold
				current certification and registration as a cardiac electrophysiology
				specialist by the cardiovascular credentialing international;
b. Shall submit verification of actively
				working towards certification requirements as a cardiac electrophysiology
				specialist; or
c. Shall meet the
				requirements of a successor organization or the equivalent as recognized by the
				board.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-06 - Cardiovascular invasive specialist

Current through Supplement No. 393, July, 2024
"Cardiovascular invasive specialist" shall satisfactorily
				  complete all requirements as set by a certification organization recognized by
				  the board or hold current certification and registration. The
				  individual:
1. May assist with the
				performance of fluoroscopy procedures only while under personal supervision by
				a licensed practitioner; and
a. Must hold
				current certification and registration as a cardiovascular invasive specialist
				by the cardiovascular credentialing international;
b. Shall submit verification of actively
				working towards certification requirements as a cardiac invasive specialist;
				or
c. Shall meet the requirements
				of a successor organization or the equivalent as recognized by the
				board.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-07 - Qualifications of applicants for initial licensure for a primary modality

Current through Supplement No. 393, July, 2024
1.
				An applicant for initial licensure under this chapter may not have an
				encumbered license or other restricted practice in any jurisdiction, shall meet
				board requirements, and submit the following:
a. A completed application and the
				nonrefundable fee required in chapter 114-01-03;
b. An official transcript from an accredited
				program;
c. Other documents that
				verify successful completion of medical imaging or radiation therapy education
				approved in a jurisdiction which meets or exceeds those requirements in
				114-02-01 for each modality. The applicant is applying for licensure as defined
				in sections 114-02-01-01, 114-02-01-02, or 114-02-01-03;
d. Primary source verification of current
				certification and registration recognized by the board in each primary modality
				of practice; and
e. Otherwise an
				applicant shall meet the unique licensure or practice standard requirements
				established by the board under subsection 7 of North Dakota Century Code
				section 43-62-14.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-08 - Requirements for temporary license

Current through Supplement No. 393, July, 2024
An applicant for a temporary license under this chapter may
				  not have an encumbered license or other restricted practice in any
				  jurisdiction, must meet board requirements; and
1. An applicant shall submit a completed
				application and the nonrefundable fee required in chapter 114-01-03; and:
a. Provide evidence of currently meeting all
				education requirements to include a completed official transcript or notarized
				letter from program director; and
b. Shall complete a criminal history record
				check as required in section 114-03-02-01; and
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-09 - Requirements for conditional license

Current through Supplement No. 393, July, 2024
1. A conditional
				license under this chapter may be issued provided the applicant does not have
				an encumbered license or other restricted practice in any jurisdiction, and
				provide evidence of meeting board requirements, including continuing education
				requirements and training. The individual shall:
a. Submit a completed application and the
				nonrefundable fee as required in chapter 114-01-03; and
(1) An official transcript from an accredited
				educational program; or
(2) Other
				documents that verify pending or successful completion of a medical imaging or
				radiation therapy education program, which:
(a) Has been approved in any jurisdiction
				that has substantially equivalent standards; and
(b) Meets or exceeds those requirements in
				114-02-01 for each modality in which the individual is applying for licensure
				as defined in sections 114-02-01-01, 114-02-01-02, 114-02-01-03, 114-02-01-04,
				114-02-01-05, or 114-02-01-06.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Section 114-02-01-10 - Grandfather clause

Current through Supplement No. 393, July, 2024
1. A license may be
				issued provided the applicant does not have an encumbered license or other
				restricted practice in any jurisdiction. The individual:
a. Is eligible to be licensed only within the
				scope of the individual's current practices;
b. Shall submit verification from a
				department manager or employer that the individual has been practicing medical
				imaging and radiation therapy in a primary modality:
(1) That began practice prior to January 1,
				2017; and
(2) Has practiced for
				three or more of the five years preceding; and
c. Shall be in compliance with the
				certification organization's continuing education and other requirements for
				the modality in which the individual is currently practicing.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-01 - Initial Licensure › Appendix A - Grandfather clause

Current through Supplement No. 393, July, 2024
Limited x-ray machine operators are limited in scope of
				  practice to only those procedures approved by the board. Limited x-ray machine
				  operators may not perform fluoroscopic procedures or administer contrast media
				  or radiopharmaceuticals. Specific procedures or examinations that are allowed
				  in the scope of practice for limited x-ray machine operators include the
				  following:
Chest:
PA, lateral, decubitus
Ribs:
AP, PA, obliques
Abdomen:
KUB, upright abdomen
Hand and fingers:
PA, lateral, oblique
Wrist:
PA, lateral, oblique
Forearm:
AP, lateral
Elbow:
AP, lateral
Humerus:
AP, lateral
Shoulder:
AP, internal and external rotation, y-view
Clavicle:
AP, AP axial
Pelvis:
AP
Hips:
AP, frog leg lateral, cross-table lateral
Femur:
AP, lateral
Knee:
AP, lateral, obliques
Patella:
AP, lateral, sunrise
Tibia-fibula:
AP, lateral
Ankle:
AP, lateral, obliques
Calcaneus:
Plantodorsal, lateral
Foot and toes:
AP, lateral, obliques
Sinuses:
Water's, lateral
Skull:
AP/PA, lateral
Facial bones:
PA, lateral
Nasal bones:
Water's, lateral
C-spine:
AP, lateral, odontoid, (not trauma), swimmer's (not
							 trauma)
T-spine:
AP, lateral, swimmer's (not trauma)
L-spine:
AP, lateral, L5-S1 lateral
Any other procedure or examination performed during an
				  emergency and requiring a limited x-ray machine operator to perform requires a
				  written order from a licensed practitioner with personal supervision.
Licensees may petition the board to perform procedures and
				  examinations not currently identified above. One of the criterion utilized by
				  the board includes frequency of performance to consider approval or
				  justification of expansion of the procedures and examination outlined above.
General Authority:
NDCC 43-62
Law Implemented:
NDCC 43-62-14(4)(7),
					 43-62-15(2)
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-02 - Renewal of License › Section 114-02-02-01 - Requirements for licensure renewal

Current through Supplement No. 393, July, 2024
1. A licensee will
				be notified at least thirty days in advance of expiration of the license and
				shall submit the following:
a. A completed
				renewal application and the nonrefundable fee required in chapter 114-01-03
				postmarked prior to January second in even-numbered years; and
b. Evidence of current certification and
				registration by the certification organization in at least one primary modality
				and if applicable, other modalities for which the licensee holds current
				certification and registration unless grandfathered or otherwise exempt by
				statute.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-02 - Renewal of License › Section 114-02-02-02 - Reinstatement of a license

Current through Supplement No. 393, July, 2024
1. An individual
				previously licensed in North Dakota may apply for relicensure. The applicant
				may not have an encumbered license or other restricted practice in any
				jurisdiction, shall meet board requirements, and submit the following:
a. A completed application and pay the
				nonrefundable renewal and reinstatement fee required in chapter
				114-01-03;
b. A criminal history
				record check as required in section 114-03-02-01; and
c. Primary source verification of current
				certification and registration by a certification organization recognized by
				the board or as otherwise exempt by statute.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-02 - Renewal of License › Section 114-02-02-03 - General diagnostic operator

Current through Supplement No. 393, July, 2024
1.
				A license under the provision of this chapter may be renewed provided the
				applicant was designated by the state department of health as a general
				diagnostic operator as of December 31, 2015, and does not have an encumbered
				license or other restricted practice in any jurisdiction and shall meet board
				requirements, including continuing education requirements and training. The
				individual:
a. May perform procedures only
				while under the general supervision by a licensed practitioner; and
b. Must hold current certification and
				registration by one of the following:
(1)
				American registry of radiologic technologists or has met the requirements of a
				successor organization or the equivalent as recognized by the board;
(2) Has the equivalent education, including
				clinical training as approved by the state department of health; or
(3) Has met other unique requirements
				established by the board.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-02 - Renewal of License › Section 114-02-02-04 - Continuing education requirement for relicensure

Current through Supplement No. 393, July, 2024
This requirement becomes effective for license renewal of the
				  2022 renewal cycle and continuing thereafter.
1. Continuing education for purposes of
				relicensure must be:
a. Accepted by an
				applicable certification organization to maintain certification and
				registration and earned within the previous two-year renewal cycle;
				or
b. Otherwise the individual
				shall meet the unique licensure or practice standard requirements established
				by the board under subsection 7 of North Dakota Century Code section
				43-62-14.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-03 - Licensure by Endorsement › Section 114-02-03-01 - Requirements for licensure by endorsement

Current through Supplement No. 393, July, 2024
1. An
				applicant licensed for medical imaging or radiation therapy in another
				jurisdiction may apply for license by endorsement. The applicant may not have
				an encumbered license or other restricted practice in any jurisdiction, shall
				meet board requirements, and submit the following:
a. A completed endorsement application in one
				or more of the modalities and pay the nonrefundable fee as required in chapter
				114-01-03.
b. Verification of
				current licensure and compliance with continuing education requirements in
				another jurisdiction, to include:
(1) An
				official transcript of program completion from an accredited program;
				or
(2) Other documents that
				verifies successful completion of a medical imaging or radiation therapy
				education or equivalent approved in any jurisdiction which meets or exceeds
				those requirements:
(a) In 114-02-01 for each
				modality applying for licensure as described in sections 114-02-01-01,
				114-02-01-02, 114-02-01-03, 114-02-01-04, 114-02-01-05, or 114-02-01-06;
				or
(b) Otherwise the applicant
				shall meet the unique licensure or practice standard requirements established
				by the board under subsection 7 of North Dakota Century Code section
				43-62-14.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-03 - Licensure by Endorsement › Section 114-02-03-01.1 - Limited x-ray machine operator in nonlicensure state endorsement requirements

Current through Supplement No. 393, July, 2024
1. A limited x-ray
				machine operator in another jurisdiction that regulates the profession but does
				not license, may apply for licensure by endorsement. The applicant may not have
				an encumbered license or other restricted practice in any jurisdiction, shall
				meet board requirements, and shall submit the following:
a. A completed endorsement application and
				pay the nonrefundable fee as required in chapter 114-01-03.
b. Verification of active practice as a
				limited x-ray machine operator from a department manager or employer that the
				individual has:
(1) Been practicing actively
				for three or more of the five years immediately preceding the endorsement
				application; and
(2) Been proven to
				be clinically competent in performing limited scope imaging
				examinations.
c.
				Otherwise the applicant shall meet the unique licensure or practice standard
				requirements established by the board.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-03 - Licensure by Endorsement › Section 114-02-03-02 - Military spouses - Licensure

Current through Supplement No. 393, July, 2024
Military spouses may be licensed pursuant to the procedure
				  outlines in North Dakota Century Code section 43-51-11.1.
General Authority:
NDCC 43-62
Law Implemented:
NDCC 12-60-24,
					 43-51-11.1
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-04 - Recognition of Education Programs and Student Supervision › Section 114-02-04-01 - Recognition of education programs

Current through Supplement No. 393, July, 2024
1.
				For the purpose of initial licensure to practice in medical imaging and
				radiation therapy modalities, the board shall recognize education programs that
				are accredited by one or more of the following national accreditation
				organizations:
a. Commission on accreditation
				of allied health education programs;
b. Commission on accreditation of the
				American registry of magnetic resonance imaging technologists;
c. Council of regional institutional
				accrediting commissions;
d. Joint
				review committee on education in radiologic technology; or
e. Joint review committee on education
				programs in nuclear medicine technology.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-02 - License Requirements › Chapter 114-02-05 - Recognized Certification of Organizations and Credentials › Section 114-02-05-01 - Recognized certification organizations and credentials

Current through Supplement No. 393, July, 2024
The applicant's licensing title must be on the certificate
				  including all modalities in which the licensee holds current certification and
				  registration. The board recognizes the following certification organizations
				  and their credentials:
1. American
				registry for diagnostic medical sonography (ARDMS);
2. American registry of magnetic resonance
				imaging technologists (ARMRIT);
3.
				American registry of radiologic technologists (ARRT);
4. Canadian association of medical radiation
				technologists (CAMRT);
5.
				Cardiovascular credentialing international (CCI);
6. Certification board of radiology
				practitioner assistants (CBRPA);
7.
				International society for clinical densitometry (ISCD);
8. Nuclear medicine technology certification
				board (NMTCB);
9. Sonography
				Canada; and
10. Other successor
				organizations as recognized by the board.
General Authority:
NDCC 43-62
Law Implemented:
NDCC 43-62-09,
					 43-62-14
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-02 - Applicant statement

Current through Supplement No. 393, July, 2024
1. If an
				applicant for initial or renewal of licensure has been arrested, charged, or
				convicted of a misdemeanor or felony offense, an applicant shall provide the
				necessary information for the board to determine the bearing upon that person's
				ability to perform as a licensed medical imaging and radiation therapy
				professional.
2. Upon receipt of
				evidence of sufficient rehabilitation as outlined in North Dakota Century Code
				section 12.1-33-02.1, the board may issue a license.
3. If the board believes the information does
				not substantiate sufficient rehabilitation, the applicant may request a hearing
				pursuant to North Dakota Century Code chapter 28-32.
General Authority:
NDCC 12.1-33-02.1,
					 43-62
Law Implemented:
NDCC 43-62-09(12),
					 43-62-19(15)
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-03 - Reporting violations

Current through Supplement No. 393, July, 2024
Licensees, applicants, or citizens may use the following
				  process to report any knowledge of acts or omissions by an individual that may
				  violate North Dakota Century Code chapter 43-62 or this title:
1. Minor incident:
a. If the act or omission meets the criteria
				for management of a minor incident, the applicant or licensee, should be aware
				of and follow the established policy within the practice setting for minor
				incidents. The established policy in the licensee's practice setting should
				detect patterns of unsafe behavior that may be considered minor incidents and
				take corrective action resulting in safe practice.
b. May be handled in the practice setting
				with a corrective action process if all the following factors exist:
(1) Potential risk of harm to others is
				low;
(2) There is no pattern of
				recurrence;
(3) The licensee
				exhibits evidence of remediation and adherence to standards of practice;
				and
(4) The corrective action
				process results in the licensee possessing the knowledge, skills, and abilities
				to practice safely.
c.
				Other factors may be considered in determining the need to report the incident,
				such as the significance of the event in the particular practice setting, the
				situation in which the event occurred, and the presence of contributing or
				mitigating circumstances in the system.
d. Nothing in this rule is intended to
				prevent reporting of a minor incident or potential violation directly to the
				board.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-04 - Investigations

Current through Supplement No. 393, July, 2024
Complaints, requests for investigation, and reports of acts
				  or omissions that are in violation of North Dakota Century Code chapter 43-62,
				  or this title, must be investigated by the board or by its direction to
				  determine whether sufficient grounds exist to file a complaint according to
				  North Dakota Century Code chapter 28-32. The board or its investigative panel
				  may subpoena witnesses, records, and any other evidence relating to the
				  investigation. Any protected health information that is obtained by the board
				  is an exempt record as defined in North Dakota Century Code section
				  44-04-17.1.
General Authority:
NDCC 43-62
Law Implemented:
NDCC 43-62-09(7), 43-62-11,
					 43-62-19(15)
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-05 - Evidence and evaluation of treatment

Current through Supplement No. 393, July, 2024
1. The board may require the individual
				subject to an investigation to submit to a mental health, chemical dependency,
				or physical evaluation if, during the course of the investigation, there is
				reasonable cause to believe that any licensee or applicant is unable to
				practice with reasonable skill and safety or has abused alcohol or
				drugs.
2. The board may require a
				copy of the evaluation to be submitted from the evaluating professional
				directly to the board.
a. Upon failure of the
				licensee or applicant to submit to the evaluation within thirty days of the
				request, the board may suspend the licensee's license or deny or suspend
				consideration of any pending application until the licensee or applicant
				submits to the required evaluation.
b. The licensee or applicant shall bear the
				cost of any mental health, chemical dependency, or physical evaluation and
				treatment required by the board.
c.
				The board may suspend or revoke an individual's license if it is determined the
				individual is unsafe to practice. The suspension or revocation remains in
				effect until the individual demonstrates to the satisfaction of the board the
				ability to safely return to the practice.
d. The board may deny the individual's
				application for licensure if it is determined the individual is unsafe to
				practice. The denial remains in effect until the individual demonstrates to the
				satisfaction of the board the ability to safely practice.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-06 - Disposition

Current through Supplement No. 393, July, 2024
1. Investigation may result in one of the
				following:
a. Informal resolution and
				disposition by the board.
b. Formal
				resolution and disposition by the board:
(1)
				The board may use an administrative law judge to preside over the entire
				administrative proceeding and prepare recommended findings of fact, conclusions
				of law, and recommended order for board consideration; or
(2) The board may use a procedural hearing
				officer for the conduct of the hearing at which a majority of board members
				must be present at the hearing.
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-07 - Cease and desist order

Current through Supplement No. 393, July, 2024
When it appears by credible evidence that a cease and desist
				  order is necessary, the president of the board or the authorized designee,
				  after consultation with the office of the attorney general, may issue an order
				  directing a licensee, applicant, or any other individual practicing medical
				  imaging and radiation therapy in violation of North Dakota Century Code chapter
				  43-62, or this title, to cease and desist certain actions.
General Authority:
NDCC 43-62
Law Implemented:
NDCC
					 43-62-09(14)
North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-09 - Application for relicensure

Current through Supplement No. 393, July, 2024
1. An
				individual whose license has been suspended or revoked by the board may:
a. Request a written application for
				relicensure in the manner and form required by the board at the conclusion of
				the time period specified in the order;
b. Pay the nonrefundable reinstatement fee
				and an application fee as required in chapter 114-01-03 for an application for
				relicensure of a suspended or revoked license. The burden of proof is on the
				licensee to prove to the satisfaction of the board that the condition that led
				to a sanction no longer exists or no longer has a material bearing on the
				licensee's professional ability; and
c. Schedule an appearance for the next board
				meeting if received at least thirty days prior.