reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-07 - Recovery from offender

Current through Supplement No. 393, July, 2024
1. If restitution is ordered by the court or
				paid to the victim, the victim shall reimburse the fund for the total amount of
				restitution paid to the victim, but not to exceed the total benefits paid by
				the fund.
2. If there is recovery
				to the victim through a civil suit, expenses paid by the fund must be
				reimbursed or a claim may be denied if the recovery is more than the victim's
				economic loss.
3. The claimant, or
				the claimant's parent, guardian, or legal representative, shall notify the
				division in writing of any proposed or pending civil litigation, mediation,
				settlement negotiations, or arbitration related to the criminally injurious
				conduct.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC
					 54-23.4-12
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-08 - Medical services

Current through Supplement No. 393, July, 2024
1.
Verification.
A request for compensation for medical services must
				include a billing statement containing the medical provider's name, business
				address, telephone number, treatment plan, and other information necessary for
				the division to determine the claim is for services directly related to the
				criminally injurious conduct. The division may order an examination of the
				victim by a medical care provider designated by the division. The victim's
				failure to appear for, or cooperate in, the examination may result in the
				division's denial of the applicable portion of the claimant's request for
				reimbursement.
2.
Compensation limitations.
a. The
				division may not pay more than five hundred dollars for eye glasses.
b. The division may not pay more than one
				thousand dollars for new prescription medications.
c. The division may not pay more than one
				thousand dollars for alternative medical services.
d. The division may not pay more than one
				thousand two hundred dollars for chiropractic services or massage
				therapy.
e. The division may not
				pay more than five thousand dollars for necessary cosmetic reconstructive
				procedures.
f. The division may not
				pay compensation for pre-existing medical conditions and prior prescription
				medications.
g. The division may
				not pay compensation for interest, finance, or collection fees.
h. The division may not pay compensation when
				the victim or claimant fails to comply with prescribed treatment or treatment
				recommendations.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-09 - Dental services

Current through Supplement No. 393, July, 2024
1.
Verification.
A request for compensation for dental services must
				include a billing statement containing the dental provider's name, business
				address, telephone number, treatment plan, and other information necessary for
				the division to determine the claim is for services directly related to the
				criminally injurious conduct.
2.
Compensation limitations.
a. The
				division may not pay more than five thousand dollars for dental
				services.
b. The division may not
				pay compensation when the victim or claimant fails to comply with prescribed
				treatment or treatment recommendations.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-10 - Mental health services

Current through Supplement No. 393, July, 2024
1.
Provider qualifications.
The
				division may pay compensation to a mental health provider who has provided
				services to a victim of criminally injurious conduct if the provider meets one
				of the following requirements:
a. Holds a
				master's degree in counseling, psychology, social work, or a related field, and
				is licensed or certified as a professional counselor, social worker, or
				therapist.
b. Holds a doctor's
				degree and is licensed or certified as a professional counselor, social worker,
				or therapist.
c. Is a student
				intern in an accredited graduate program supervised by a licensed
				clinician.
d. Is a licensed public
				or private hospital, clinic, or treatment facility.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-11 - Home health services

Current through Supplement No. 393, July, 2024
1.
Verification.
A request for compensation for home health services
				must include written verification from the medical or mental health provider
				that supports the need for the service and other information necessary for the
				division to determine the claim is for services directly related to the
				criminally injurious conduct.
2.
Payment limitations.
The division may not pay more than three
				hundred dollars per week for home health services and total compensation may
				not exceed four thousand eight hundred dollars.
3.
Time limitations.
Home health
				services must be provided within four months from the date of the criminally
				injurious conduct.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC
					 54-23.4-04
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-12 - Service animals

Current through Supplement No. 393, July, 2024
If a medical or treatment provider verifies the need for a
				  service animal for a victim, the division may not pay more than one thousand
				  dollars toward the purchase of the service animal. The service animal must be
				  purchased within two years from the date of the criminally injurious
				  conduct.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC
					 54-23.4-04
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-13 - Work loss

Current through Supplement No. 393, July, 2024
1.
Verification.
A claim for reimbursement for work loss must include
				written documentation from a medical or mental health provider, the claimant's
				employer, and information the division may request that supports payment for
				work loss.
a. Medical verification must
				include how the injury or condition is directly related to the crime.
				Information must include when the victim will be able to resume work.
b. Employer verification must include dates
				absent from work, net salary for periods immediately prior to the incident, and
				available sick leave or annual leave.
c. Self-employed victims shall provide a copy
				of federal income tax return for one year prior and other substantial
				verification of work loss or profits the division determines is necessary to
				support payment for work loss.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-14 - Loss of support

Current through Supplement No. 393, July, 2024
The division may pay for loss of support to the victim's
				  dependents if the victim had been providing support prior to the date of the
				  criminally injurious conduct.
1.
Verification.
A claim for loss of support must include
				verification of the amount of support the victim provided to dependents prior
				to the criminally injurious conduct. Verification includes federal, state, and
				local tax forms; social security benefits; veterans' benefits; life insurance;
				survivor benefits; certified death certificate; guardianship papers when
				applicable; or other relevant documentation that demonstrates financial
				dependency, including birth certificates or child support or spousal
				orders.
2.
Payment
				limitations.
The division may pay for loss of support on a monthly basis
				at a rate of not more than three hundred dollars per week. If more than one
				person is eligible for a loss of support award, the division may apportion the
				total amount of support payable to each dependent in equal amounts.
3.
Time limitations.
The
				division may not pay for loss of support for more than a total of six months of
				benefits.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 54-23.4-04,
					 54-23.4-06
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-15 - Replacement services loss

Current through Supplement No. 393, July, 2024
Replacement services loss as defined in North Dakota Century
				  Code section 54-23.4-01 excludes costs for routine vehicle maintenance, home
				  maintenance, or lawn care services.
1.
Verification.
A claim for reimbursement for replacement services
				loss must include receipts for the billed amount, type of service provided, and
				other information necessary for the division to determine the claim is for
				services directly related to the criminally injurious conduct.
2.
Payment limitations.
The
				division may not pay more than one thousand dollars for replacement services
				loss.
3.
Time
				limitations.
Replacement services must be provided within two years from
				the date of the criminally injurious conduct.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 54-23.4-01,
					 54-23.4-04
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-16 - Travel expenses, meals, and lodging

Current through Supplement No. 393, July, 2024
The division may reimburse a claimant for meals, lodging, and
				  travel expenses for travel directly related to the criminally injurious
				  conduct.
1.
Verification.
The claimant shall submit receipts for travel and lodging expenses to the
				division.
2.
Payment
				limitations.
a. Travel distance must be
				at least one hundred fifty miles round trip from the claimant's residence in
				order for the claimant to be eligible for reimbursement of travel
				expenses.
b. Reimbursement for
				lodging and meals may not exceed the rates established in North Dakota Century
				Code section 44-08-04.
c.
				Reimbursement for mileage for the use of a privately owned automobile may not
				exceed the rate established in North Dakota Century Code section
				54-06-09.
d. The maximum
				reimbursement for lodging, meals, and mileage is one thousand
				dollars.
e. Reimbursement for
				travel expenses for immediate family to attend the victim's funeral service may
				not exceed two thousand five hundred dollars and for not more than five
				consecutive days of travel time. Travel expenses to attend funeral services are
				included in the overall five thousand dollar maximum for funeral
				expenses.
f. Reimbursement for
				vehicle rental may not exceed thirty dollars per day.
g. Reimbursement for travel expenses is
				limited to the victim and one caregiver if the victim is a minor.
h. The division may not pay reimbursement for
				travel expenses to obtain services from a provider located out of state unless
				good cause is shown.
i. The
				division may not pay reimbursement for travel expenses for the victim or
				immediate family of a homicide victim to attend court proceedings or for the
				victim to meet with law enforcement.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-03 - Application For Compensation › Section 94-03-03-17 - Funeral and burial expenses

Current through Supplement No. 393, July, 2024
1. Funeral and burial expenses include:
a. Casket or cremationurn;
b. Cemetery plot;
c. Grave liner;
d. Headstone or grave marker;
e. Opening and closing the grave;
f. Professional care of the victim's remains,
				including embalming, cremation, cosmetology, minor restorative work, dressing,
				and casketing of the victim's remains;
g. Public notice of the death and the time
				and place of funeral service;
h.
				Transportation of the body to the funeral home;
i. Transportation of the body and casket by a
				funeral coach to the cemetery;
j.
				Travel expenses; and
k. Use of
				facilities for a funeral service.
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-04 - Rehearing Or Appeal › Section 94-03-04-01 - Administrative Notice of Decision

Current through Supplement No. 393, July, 2024
1. After the division has received an
				application for crime victims benefits and has completed its initial
				investigation of the claim, the division shall issue a notice to the claimant
				that it has accepted the claim, denied the claim, reduced the claim, or is
				conducting further investigation.
2. If a claimant disagrees with the decision
				provided in the administrative notice of decision that the division has denied
				the claim or reduced the claim, the claimant may request an informal review.
				The claimant's request for informal review must be submitted to the division in
				writing within thirty days from the date of notice of the division's
				decision.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC
					 54-23.4-07
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-04 - Rehearing Or Appeal › Section 94-03-04-02 - Informal review

Current through Supplement No. 393, July, 2024
If a claimant requests informal review of a claim under North
				  Dakota Century Code section 54-23.4-07, the division shall review the request,
				  conduct any additional investigation it determines in its discretion is
				  necessary, and notify the claimant, or the claimant's authorized
				  representative, if applicable, by a written order, including findings of fact
				  and conclusions of law in support of the division's order if the division has
				  reduced or denied the claim. The division shall provide the claimant notice of
				  the provisions of North Dakota Century Code sections 28-32-40 and 28-32-42 with
				  its order reducing or denying benefits.
If a claimant disagrees with the division's findings of
				  fact, conclusions of law, and order reducing or denying benefits after informal
				  review, the claimant may:
1. Request
				reconsideration and an administrative hearing in accordance with North Dakota
				Century Code section 28-32-40.
2.
				Appeal the order of the division to the district court in accordance with North
				Dakota Century Code section 28-32-42.
General Authority:
NDCC 28-32-40, 28-32-42,
					 54-23.4-04
Law Implemented:
NDCC 28-32-40, 28-32-42,
					 54-23.4-07
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-04 - Rehearing Or Appeal › Section 94-03-04-03 - Administrative hearing

Current through Supplement No. 393, July, 2024
If a claimant requests reconsideration of a claim in
				  accordance with North Dakota Century Code section 28-32-40 and has requested an
				  administrative hearing, the division shall refer the matter to the office of
				  administrative hearings for further proceedings in accordance with the rules of
				  the office of administrative hearings.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 28-32-40, 54-23.4-07,
					 54-57-03
North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-04 - Rehearing Or Appeal › Section 94-03-04-04 - Final decision

Current through Supplement No. 393, July, 2024
Based on the testimony received; the evidence provided; the
				  results of any independent investigation; and the recommended findings of fact,
				  conclusions of law, and recommended order, the division shall enter its final
				  decision as determined by the director of the division
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 28-32-39,
					 54-23.4-15
North Dakota Administrative Code › Title 95 - Agricultural Products Utilization Commission › Article 95-01 - General Administration › Chapter 95-01-01 - Organization of Commission › Section 95-01-01-01 - Organization of agricultural products utilization commission

Current through Supplement No. 393, July, 2024
1.
History and function.
The agricultural
				  products utilization commission was established by the legislative assembly in
				  1979. Its functions include administering a fuel tax fund and a subsidy program
				  for agriculturally derived alcohol-blended fuels. The commission is authorized
				  by North Dakota Century Code chapter   4-14.1 to provide assistance to
				  agriculturally related industry.
2.
Purpose of commission.
The purpose of the
				  commission is to enact the provisions of the code by supporting projects that
				  are consistent with the code and enhance opportunities in agricultural
				  research, development, diversification, processing, technologies, marketing,
				  and promotion.
3.
Commission membership.
The commission
				  consists of nine members as designated in North Dakota Century Code section
				    4-14.1-03.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 4-14.1-02
North Dakota Administrative Code › Title 95 - Agricultural Products Utilization Commission › Article 95-02.1 - Categories and General Procedures for Grant Requests › Chapter 95-02.1-01 - Categories of Grant Requests › Section 95-02.1-01-01 - Categories of grant requests

Current through Supplement No. 393, July, 2024
The commission will consider grant proposals submitted in the
				  following categories:
1. Basic and applied research.
2. Marketing and utilization.
3. Cooperative marketing.
4. Nature-based agritourism.
5. Technical assistance for value-added businesses.
6. Farm diversification.
7. Agricultural prototype development.
8. Agricultural technologies.
9. North American marketing.
10. Other agricultural-based initiatives as directed by the
				  legislature.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 4-14.1-02
North Dakota Administrative Code › Title 95 - Agricultural Products Utilization Commission › Article 95-02.1 - Categories and General Procedures for Grant Requests › Chapter 95-02.1-02 - Applicant and Project Eligibility › Section 95-02.1-02-01 - Applicant and project eligibility for all categories

Current through Supplement No. 393, July, 2024
1. Preference will be given to projects that:
a. Utilize North Dakota agricultural products in their
				  production processes.
b. Produce food, feed, fuel, and fiber products through
				  processes that are innovative and add to the value of agricultural products.
c. Are submitted by an existing or prospective company that
				  will be actively engaged in utilizing and adding value to North Dakota
				  agricultural products.
d. Comply with the goals and intentions of one of the grant
				  categories.
North Dakota Administrative Code › Title 95 - Agricultural Products Utilization Commission › Article 95-02.1 - Categories and General Procedures for Grant Requests › Chapter 95-02.1-03 - Evaluation and Funding Criteria › Section 95-02.1-03-01 - Evaluation and funding criteria

Current through Supplement No. 393, July, 2024
Unless otherwise specified, proposals will be evaluated upon
				  a basis of one hundred points, according to the following criteria:
1.
Probability and extent of new wealth and creation.
Preference will be given to applications that demonstrate a high
				  probability of job and wealth creation. While the commission does not make any
				  specific requirements for jobs created per dollar granted, a close review will
				  be made of return-on-investment and job enhancement. Up to thirty points may be
				  awarded on this criterion.
2.
Credibility and merit.
The commission will
				  review each proposal as to its technical and commercial feasibility. Proposals
				  that feature outcomes that are innovative as well as commercially plausible
				  will receive preference. Within this criterion, the relative competence and
				  technical qualifications of project principals will be assessed. Proposals or
				  components of proposals which can be construed as subcontracts or contracts for
				  service, and which provide information that the process by which contractors
				  are selected has been competitive are more highly favored. Up to thirty points
				  may be awarded on these criteria.
3.
Timeliness.
Preference will be given to
				  proposals demonstrating a high probability of rapid commercialization or
				  address an imminent need, or both. Up to fifteen points may be awarded on this
				  criterion.
4.
Matching funds.
Priority will be given to
				  projects that demonstrate a shared commitment for funding from other private or
				  public sources or from the applicant, or both. Matching funds may be in the
				  form of cash or in-kind services, or both. Approved indirect costs may qualify
				  as matching funds. Disbursement of funds will be contingent upon evidence that
				  matching funds have been allocated to the proposal. Up to ten points may be
				  awarded on this criterion.
5.
Geographic consideration.
Preference will be
				  given to the proposals that center efforts on nonurban locales. When the
				  proposal requires specific research activities that cannot possibly be carried
				  out in rural North Dakota, consideration will be given to the ultimate
				  development and commercialization of the results of the proposal, with the same
				  rural preference. Favorable community support will be considered. Up to five
				  points may be awarded on this criterion.
6.
Likelihood of success.
Commissioners shall
				  provide their judgment on the probable success and relative importance of the
				  proposed research. Up to ten points may be awarded on this criterion.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 4-14.1-02
North Dakota Administrative Code › Title 95 - Agricultural Products Utilization Commission › Article 95-02.1 - Categories and General Procedures for Grant Requests › Chapter 95-02.1-05 - Supplemental Program Information › Section 95-02.1-05-01 - Supplemental program information

Current through Supplement No. 393, July, 2024
1.
Funding level.
a. Unless otherwise designated, proposals are not limited to
				  a specific dollar amount. The commission reserves the right to increase or
				  decrease the amount of requested funding based on its findings and on its level
				  of available funds. The commission also reserves the right to fund in whole or
				  in part specific portions of eligible proposals. Requests must be justified
				  with respect to the scope of the project.
b. Except when restricted by legislative directive, or by
				  available funding in commission-administered ancillary programs, the commission
				  may allocate funds to projects in any of the categories.
c. The commission may elect to limit total funding during any
				  particular quarter, and may disperse available funding over the quarters of a
				  biennium in order to provide opportunities for meritorious projects that may
				  submitted later in the biennium.
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-01 - GENERAL ADMINISTRATION › Chapter 96-01-01 - Organization of Board › Section 96-01-01-01 - Organization of the board of clinical laboratory practice

Current through Supplement No. 393, July, 2024
1.
History and function.
The
				1989 legislative assembly passed legislation to license clinical laboratory
				personnel, codified as North Dakota Century Code chapter 43-48.
This chapter requires the governor to appoint a state board
				  of clinical laboratory practice. It is the responsibility of this board to
				  license laboratory personnel.
2.
Officers.
Officers must be
				elected by the board. Officers will consist of a chair, secretary, and
				treasurer.
3.
Compensation.
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.
4.
Staff.
The board
				is authorized to employ an executive director and such other professional and
				secretarial staff as may be necessary.
5.
Inquiries.
Inquiries
				regarding the board may be addressed to:
Board of Clinical Laboratory Practice
P. O. Box 41 03
Bismarck, ND 58502-4103
General Authority: NDCC 28-32-02.1,
					 43-48-04
Law Implemented: NDCC
					 28-32-02
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-02 - Licensure › Section 96-02-02-01 - Initial license requirements

Current through Supplement No. 393, July, 2024
The following requirements apply to all applicants seeking
				  initial licensure by the board:
1. A
				completed application form.
2.
				Payment of the appropriate application fee as set by the board.
3. Evidence of the required education
				.
4. The applicant has passed a
				national certifying examination approved by the board.
5. The applicant must meet one or more of the
				following conditions:
a. The applicant has
				passed a national certifying examination approved by the board within two years
				of the date of application for initial licensure.
b. The applicant has practiced by performing
				clinical laboratory testing as defined in subsection 5 of North Dakota Century
				Code section 43-48-01 for a total of three hundred hours within three years of
				the date of application for initial licensure. Proof of practice by performing
				clinical laboratory testing must be provided by the applicant and may be
				evaluated by the board for sufficiency.
c. The applicant has obtained thirty
				continuing education hours within two years of the date of application for
				initial licensure. The continuing education hours obtained must satisfy the
				requirements for continuing education established in section
				96-02-04-01.
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-02 - Licensure › Section 96-02-02-01.1 - Military spouse licensure

Current through Supplement No. 393, July, 2024
1. The board shall license individuals that
				meet the definition of military spouse set forth in North Dakota Century Code
				section 43-51-01 who, through the submission of a completed application form,
				demonstrate the following:
a. The military
				spouse demonstrates competency in clinical laboratory practice through methods
				or standards determined by the board which must include experience in clinical
				laboratory practice for at least two of the four years preceding
				application.
b. The board
				determines the issuance of the license will not substantially increase risk of
				harm to the public.
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-02 - Licensure › Section 96-02-02-02 - Requirements for specific licenses

Current through Supplement No. 393, July, 2024
1. Medical technologist (clinical laboratory
				scientist) must have earned a bachelor's degree in a science-related
				discipline, completed the academic requirements of a structured clinical
				educational program recognized by the board, and passed a national certifying
				examination approved by the board.
2. A clinical laboratory specialist must have
				a bachelor's or higher degree with a major in one of the chemical, physical, or
				biological sciences and may only perform functions directly related to the
				person's particular specialty.
A clinical laboratory specialist must pass a national
				  certifying examination approved by the board in a specialty area. A license
				  issued to a clinical laboratory specialist will designate the area of
				  specialty.
3. A categorical
				license issued to a clinical laboratory specialist must designate the area of
				specialty. Specialty areas include:
a. Blood
				bank or immunohematology.
b.
				Chemistry.
c. Hematology.
d. Microbiology.
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-02 - Licensure › Section 96-02-02-03 - Reciprocity

Current through Supplement No. 393, July, 2024
1. The
				board will evaluate the submission of requests for reciprocity for licensure on
				an individual basis and grant such only upon a finding that the requirements
				for licensure in another state or jurisdiction are equal to or more stringent
				than those of North Dakota and that the applicant's license in another state or
				jurisdiction is in good standing.
2. The board may deny a request for
				reciprocity for licensure if the applicant has had disciplinary action taken
				against him or her or has engaged in conduct that violates the standards of
				section 96-02-09-02 or conduct that meets the requirements for discipline under
				North Dakota Century Code section 43-48-15 even if the applicant is currently
				in good standing in another state or jurisdiction.
3. If an individual applying for licensure by
				reciprocity under this section has been licensed previously by the board to
				practice in North Dakota, the individual must also meet the continuing
				education requirements of section 96-02-04-01 before being licensed under this
				section.
General Authority:
NDCC 43-48-04
Law Implemented:
NDCC
					 43-48-04
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-02 - Licensure › Section 96-02-02-04 - License renewal - Licenses are renewable biennially

Current through Supplement No. 393, July, 2024
1. Notice for renewal of license will be
				issued by the board in May of even-numbered years to all licenseholders. An
				applicant for renewal must meet the continuing education requirements described
				in section
				96-02-04-01 and submit a completed
				application and fees to the board on or before the first of July of the renewal
				year.
2. Proof of the required
				continuing education within the prior licensing period must be submitted with
				renewals.
3. If a licensee fails to
				receive the renewal notice, it is the responsibility of the licensee to contact
				the board before the first of July deadline.
4. lf the applicant has not submitted a
				completed application and fees to the board office or has not met the
				continuing education requirements described in section
				96-02-04-01 on or before the first
				of July of the renewal year, the applicant must pay the applicable late fee. A
				licensee may practice until his or her license expires under subsection 5 of
				this section or final disciplinary action is taken under section
				96-02-09-01.
5. Licenses will expire if the applicant has
				not completed the continuing education requirements described in section
				96-02-04-01 or has not submitted a
				completed renewal form and fees to the board within ninety days from the first
				of July of the renewal year. The board may waive the late fee or extend the
				period for license renewal due to extraordinary circumstances as determined in
				the board's sole discretion.
6. If
				an individual's license expires, the person must make application for a license
				in accordance with section
				96-02-02-01 and meet the
				requirements of sections
				96-02-02-02 and
				96-02-04-01.
General Authority:
NDCC 43-48-04
Law Implemented:
NDCC 43-48-04, 43-48-06,
					 43-48-14
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-03 - Fees › Section 96-02-03-01 - 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.
1. Initial fee for licensing
a. Application for license received on or after May
								first of the even-numbered year and before January first of the odd-numbered
								year:
(1) Medical technologist
$100.00
(2) Clinical laboratory scientist
$100.00
(3) Clinical laboratory specialist
$100.00
(4) Clinical laboratory technician
$80.00
(5) Medical laboratory technician
$80.00
b. Application for license received on or after
								January first of the odd-numbered year and before July first of the
								odd-numbered year:
(1) Medical technologist
$75.00
(2) Clinical laboratory scientist
$75.00
(3) Clinical laboratory specialist
$75.00
(4) Clinical laboratory technician
$60.00
(5) Medical laboratory technician
$60.00
c. Application for license received on or after
								July first of the odd-numbered year and on or before December thirty-first of
								the odd-numbered year:
(1) Medical technologist
$50.00
(2) Clinical laboratory scientist
$50.00
(3) Clinical laboratory specialist
$50.00
(4) Clinical laboratory technician
$40.00
(5) Medical laboratory technician
$40.00
d. Application for license received on or after
								January first of the even-numbered year and before May first of the
								even-numbered year:
(1) Medical technologist
$25.00
(2) Clinical laboratory scientist
$25.00
(3) Clinical laboratory specialist
$25.00
(4) Clinical laboratory technician
$20.00
(5) Medical laboratory technician
$20.00
2. License fee for biennial license
								renewal
a. Medical technologist
$100.00
b. Clinical laboratory scientist
$100.00
c. Clinical laboratory specialist
$100.00
d. Clinical laboratory technician
$80.00
e. Medical laboratory technician
$80.00
3. Late fees
$100.00
4. Provisional permit fee
$50.00
5. Provisional permit extension fee
$50.00
6. The
				provisional permit fee may be applied toward the initial fee for licensing if
				the application for licensure is submitted before the provisional permit
				expires.
7. Any request for the
				purchase of a list of licensees' names and employment addresses for offering
				continuing education opportunities, research, and professional organizations
				building lists of contacts in the state of North Dakota shall be accompanied by
				a one hundred dollar administrative service fee.
General Authority:
NDCC 43-48-04,
					 43-48-06
Law Implemented:
NDCC 43-48-04,
					 43-48-06
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-04 - Continuing Education › Section 96-02-04-01 - Continuing education

Current through Supplement No. 393, July, 2024
1. Effective
				until June 30, 2018, an individual licensed by the board must complete twenty
				continuing education contact hours for the two-year licensing period to
				maintain licensure in North Dakota after the individual's initial continuing
				education licensure period. During the individual's initial continuing
				education licensure period, continuing education hours must be earned pursuant
				to the following schedule:
a. Twenty
				continuing education hours are required if licensed after June thirtieth of the
				even-numbered year and before July first of the odd-numbered year.
b. Ten continuing education hours are
				required if licensed after June thirtieth and on or before December
				thirty-first of the odd-numbered year.
c. No continuing education hours are required
				if licensed on or after January first of an even-numbered year.
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-05 - Name and Address Changes › Section 96-02-05-01 - Name and address changes

Current through Supplement No. 393, July, 2024
Any licensee must promptly report a change of contact
				  information including the licensee's name, address, phone, and email address to
				  the board in writing or by electronic communication.
General Authority:
NDCC 43-48-04
Law Implemented:
NDCC
					 43-48-04
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-09 - Discipline › Section 96-02-09-01 - Disciplinary procedure

Current through Supplement No. 393, July, 2024
1. Upon filing of a
				written and signed complaint alleging a licensee engaged in conduct identified
				as grounds for disciplinary action under North Dakota Century Code section
				43-48-15, the board shall notify the licensee of the complaint and require a
				written response from the licensee. The board may initiate a complaint on its
				own motion upon learning of conduct identified as grounds for disciplinary
				action under North Dakota Century Code section 43-48-15, and shall notify the
				licensee of the complaint and require a written response from the
				licensee.
2. The board may direct a
				board member to investigate the complaint. After completing the investigation,
				the board member will recommend whether the board should take disciplinary
				action against the licensee.
3. The
				board shall determine if there is a reasonable basis to believe the licensee
				engaged in conduct identified as grounds for disciplinary action under North
				Dakota Century Code section 43-48-15. If the board determines there is not a
				reasonable basis to believe, the board will notify the complainant and the
				licensee. If the board determines there is a reasonable basis to believe, the
				board will proceed with a disciplinary action in accordance with North Dakota
				Century Code chapter 28-32.
4. The
				board may, at any time, offer or accept a proposal for informal resolution of
				the complaint or disciplinary action.
General Authority:
NDCC 43-48-04
Law Implemented:
NDCC
					 43-48-15
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-09 - Discipline › Section 96-02-09-02 - Unprofessional conduct

Current through Supplement No. 393, July, 2024
Unprofessional conduct includes:
1. Scientific and professional misconduct
				including falsification, fabrication, plagiarism, concealment, inappropriate
				omission of information, and making false or deceptive statements.
2. Dishonest or illegal compensation for
				services rendered.
3. Failure to
				comply with all laws regarding confidentiality and security of patient
				information and test results.
4.
				Failure to protect the safety and welfare of patients, employees, coworkers,
				the public, and the environment as it relates to clinical laboratory practice.
5. Failure to report a violation
				of clinical laboratory practice law or rules to the board.
6. Suspension or revocation of, or
				disciplinary action against, an individual's license in another jurisdiction.
7. Failure to meet minimum
				standards of clinical laboratory practice.
8. Practice beyond the scope of practice
				allowed by an individual's current license.
9. Personal problems, legal problems,
				substance abuse, or mental health difficulties that have interfered with a
				licensee's professional judgment or practice.
General Authority: NDCC
					 43-48-04
Law Implemented: NDCC
					 43-48-15
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-10 - Exemption from Licensure › Section 96-02-10-01 - Exempt tests and methods

Current through Supplement No. 393, July, 2024
An individual is exempt from the provisions of North Dakota
				  Century Code chapter 43-48 if the individual is supervised either by an
				  individual licensed by the board, an advanced practice registered nurse, or a
				  physician and the individual is performing the following food and drug
				  administration-waived tests and using the following methods, or performing
				  tests determined by the board to be equivalent to those listed in this
				  section:
1. Any of the following tests
				by nonautomated or automated urinalysis by dipstick:
a. Bilirubin.
b. Blood.
c. Glucose.
d. Ketone.
e. Leukocyte.
f. Nitrate.
g. Potential of hydrogen (pH).
h. Protein.
i. Specific gravity.
j. Urobilinogen.
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-10 - Exemption from Licensure › Section 96-02-10-01.1 - Exempt test and method

Current through Supplement No. 393, July, 2024
An individual, supervised by an individual licensed by the
				  board, advanced practice registered nurse, or physician performing total
				  protein tests by Reichert digital refractometer, is exempt from the provisions
				  of North Dakota Century Code chapter 43-48.
General Authority:
NDCC 43-48-03,
					 43-48-04
Law Implemented:
NDCC
					 43-48-03
North Dakota Administrative Code › Title 96 - Board of Clinical Laboratory Practice › Article 96-02 - Clinical Laboratory Personnel Licensure › Chapter 96-02-10 - Exemption from Licensure › Section 96-02-10-02 - Supervision

Current through Supplement No. 393, July, 2024
As used in subsection 9 of North Dakota Century Code section
				  43-48-03 and North Dakota
				  Administrative Code sections
				  96-02-10-01 and
				  96-02-10-01.1, "supervised" means
				  the following:
1. The supervisor
				shall identify the individuals being supervised on a form provided by the board
				and shall promptly notify the board of any changes to the information provided.
2. The supervisor shall ensure the
				individuals being supervised are appropriately trained in all tests and methods
				performed by the supervised individuals.
3. The supervisor shall:
a. Perform annual competency assessments of
				the individuals supervised using generally accepted clinical laboratory
				standards.
b. Not allow an
				individual supervised to start or continue performing tests until the
				individual has been properly trained and demonstrated competency.
c. Document training and competency
				assessments, retain the documentation for three years, and submit the
				documentation to the board upon request.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-01 - General Organization › Chapter 97-01-01 - Organization of The Board › Section 97-01-01-01 - Organization of the board of counseling examiners

Current through Supplement No. 393, July, 2024
1.
History.
The 1989 legislative assembly passed legislation
				establishing the board of counselor examiners, codified as North Dakota Century
				Code chapter
				 43-47. The board of counselor
				examiners licenses counselors who practice or intend to practice in North
				Dakota.
2.
Board membership.
The board consists of five members including two practicing counselors,
				one counselor educator, and two members of the public. The members are
				appointed by the governor. Members of the board are appointed for terms of
				three years. Each member holds office until the member's successor is duly
				appointed.
3.
Board
				officers.
The board annually elects from its members a chairperson and
				secretary-treasurer.
4.
Board functions.
The board is responsible for licensing qualified
				applicants for the practice of counseling and for ensuring that licensees
				comply with the laws and rules of that practice.
5.
Inquiries.
Information
				concerning the licensing of counselors may be obtained from, and submissions
				and requests may be made to:
North Dakota Board of Counselor Examiners
P.O. Box 2735
Bismarck, ND 58502
Telephone: (701)224-8234
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-01 - Requirements to become a licensed professional counselor

Current through Supplement No. 393, July, 2024
In order for an applicant to become a licensed professional
							counselor, an individual must make application to the board, supplying, at a
							minimum, the following information:
1.
						A copy of a master's degree transcript from an accredited school or college
						that meets the academic standards set forth in section 97-02-01-02.
2. Three recommendations as follows:
a. One from the counselor educator who
						provided direct supervision in the applicant's counseling practicum or
						internship;
b. One from an employer
						who provided general supervision of the applicant's work since receipt of the
						master's degree; and
c. One from
						the professional who provided direct supervision of the applicant's counseling
						experience.
North Dakota Administrative Code › Title 97 - Board of Counselor Examiners › Article 97-02 - Licensing Requirements › Chapter 97-02-01 - Licensing Requirements › Section 97-02-01-01.1 - Fees

Current through Supplement No. 393, July, 2024
The following fees have been established by the board for the
							licensed professional counselor:
1.
						Application fee, one hundred fifty dollars.
2. If the applicant's transcript requires
						review to determine whether the academic program and coursework meet the
						requirements of section 97-02-01-02, the board may submit the transcript for
						review to the national board for certified counselors and the fee assessed by
						the national board for certified counselors will be paid by the
						applicant.
3. Renewal fee, one
						hundred fifty dollars.
General Authority:
NDCC 28-32-02,
								43-47-03
Law Implemented:
NDCC 43-47-03,
								43-47-06