reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-10 - Wholesale Drug Distributors › Chapter 61-10-01 - Wholesale Drug Distributors › Section 61-10-01-07 - Personnel

Current through Supplement No. 393, July, 2024
As a condition for receiving and retaining a wholesale drug
							distributor license, the licensee shall require each person employed in any
							prescription drug wholesale distribution activity to have education, training,
							and experience, or any combination thereof, sufficient for that person to
							perform the assigned functions in such a manner as to provide assurance that
							the drug product quality, safety, and security will at all times be maintained
							as required by law.
General Authority: NDCC 43-15.1-07
Law Implemented: NDCC 43-15.1-04,
								43-15.1-05
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-10 - Wholesale Drug Distributors › Chapter 61-10-01 - Wholesale Drug Distributors › Section 61-10-01-08 - Violations and penalties

Current through Supplement No. 393, July, 2024
1. The board of
						pharmacy has the authority to restrict or suspend any licenses granted under
						this article or pursuant to North Dakota Century Code chapter 43-15.1 upon
						conviction of any violation of federal, state, or local drug laws or
						regulations which constitutes a clear and present danger to the public health
						and safety in the state of North Dakota. Before any license may be restricted
						or suspended, a wholesale distributor has a right to prior notice and a hearing
						pursuant to North Dakota Century Code chapter 28-32.
2. The board of pharmacy may restrict or
						suspend any license granted under this article and North Dakota Century Code
						chapter 43-15.1 for willful and serious violations of this article which
						constitute a clear and present danger to the public health and safety in the
						state of North Dakota in the manner provided in subsection 1.
General Authority: NDCC 43-15.1-07
Law Implemented: NDCC
								43-15.1-08
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-10 - Wholesale Drug Distributors › Chapter 61-10-01 - Wholesale Drug Distributors › Section 61-10-01-09 - Minimum requirements for the storage and handling of prescription drugs and for the establishment and maintenance of prescription drug distribution records

Current through Supplement No. 393, July, 2024
The following constitutes minimum requirements for the
							storage and handling of prescription drugs, and for the establishment and
							maintenance of prescription drug distribution records by wholesale drug
							distributors and their officers, agents, representatives, and employees:
1.
Facilities.
All
						facilities at which prescription drugs are stored, warehoused, handled, held,
						offered, marketed, or displayed shall:
a. Be
						of suitable size and construction to facilitate cleaning, maintenance, and
						proper operations;
b. Have storage
						areas designed to provide adequate lighting, ventilation, temperature,
						sanitation, humidity, space, equipment, and security conditions;
c. Have a quarantine area for storage of
						prescription drugs that are outdated, damaged, deteriorated, misbranded, or
						adulterated, or that are in immediate or sealed, secondary containers that have
						been opened;
d. Be maintained in a
						clean and orderly condition; and
e. Be free from infestation by insects,
						rodents, birds, or vermin of any kind.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-11 - Fees › Chapter 61-11-01 - Fees › Section 61-11-01-01 - Fees

Current through Supplement No. 393, July, 2024
The following fees must be paid to the board of
							pharmacy:
1.
North Dakota examination
$100.00
2.
Original or duplicate certificate
25.00
3.
Reciprocal licensure
150.00
4.
a. Internship licensure - North Dakota State
												University professional student ($90 is paid to the North Dakota State
												University college of pharmacy for student programs)
100.00
b. Internship licensure - Pre-pharmacy
												students
10.00
5.
Manufacturer-distributor-warehouse-reverse
												distributor-wholesale drug license
Chain drug warehouse
200.00
Chain pharmacy warehouse
200.00
Hospital offsite warehouse
200.00
Jobber or broker
400.00
Manufacturer
400.00
Own label distributor
400.00
Pharmacy distributor
200.00
Private label distributor
400.00
Repackager
400.00
Reverse distributor
200.00
Third-party logistic provider
400.00
Veterinary-only distributor
200.00
Virtual manufacturer
400.00
Virtual wholesaler or distributor
400.00
Wholesaler or distributor
400.00
Penalty for late renewal
50.00
6.
Pharmacy or drug store permit
175.00
Permitting in additional classes
0.00
Penalty for late renewal
50.00
7.
Annual renewal for pharmacist in state
												(active)
100.00
Penalty for late renewal
25.00
8.
Annual renewal for pharmacist in state (inactive
												status)
75.00
Penalty for late renewal
25.00
9.
Annual renewal for pharmacist out of state
35.00
Penalty for late renewal
25.00
10.
Annual registration for pharmacy technician ($17.50
												is forwarded to the northland association of pharmacy technicians
												(NAPT))
35.00
Penalty for late renewal
10.00
11.
Pharmacy technician-in-training (per year) (two
												years allowed to complete a program)
10.00
12.
License verifications (self-addressed return
												envelope)
25.00
General Authority:
NDCC 43-15-10
Law Implemented:
NDCC 43-15-10, 43-15-18,
								43-15-20, 43-15-25, 43-15-27, 43-15-34, 43-15-38, 43-15.1-04, 43-15.1-05,
								43-15.3-01, 43-15.3-12
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-12 - Prescription Drug Monitoring Program › Chapter 61-12-01 - Prescription Drug Monitoring Program › Section 61-12-01-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Board" means the North Dakota board of pharmacy.
2. "Central repository" means a place where electronic data
							related to the prescribing and dispensing of controlled substances is
							collected.
3. "Controlled substance" means a drug, substance, or
							immediate precursor in schedules I through V as set out in North Dakota Century
							Code chapter 19-03.1 and any other drugs required by law to be monitored by the
							program.
4. "De-identified information" means health information that
							is not individually identifiable information because an expert has made that
							determination under title 45, Code of Federal Regulations, section 164.514, or
							direct identifiers and specified demographic information have been removed in
							accordance with the requirements of that section.
5. "Department" means the North Dakota department of human
							services.
6. "Dispense" means to deliver a controlled substance to an
							ultimate user by or pursuant to the lawful order of a practitioner, including
							the prescribing, administering, packaging, labeling, or compounding necessary
							to prepare the substance for delivery.
7. "Dispenser" means an individual who delivers a controlled
							substance to the ultimate user, but does not include:
a. A licensed hospital pharmacy that provides a controlled
							substance for the purpose of inpatient hospital care; or
b. A licensed health care practitioner or other authorized
							individual in those instances when the practitioner administers a controlled
							substance to a patient. For purposes of this section, administer means the
							direct application of a controlled substance to the body of a patient and does
							not include the prescribing of a controlled substance for administration by the
							patient or someone other than the health care practitioner.
8. "Individually identifiable health information" has the
							meaning set forth in title 45, Code of Federal Regulations, section 160.103.
9. "Patient" means an individual or the owner of an animal
							who is the ultimate user of a controlled substance for whom a prescription is
							issued and for whom a controlled substance is dispensed.
10. "Prescriber" means an individual licensed, registered, or
							otherwise authorized by the jurisdiction in which the individual is practicing
							to prescribe drugs in the course of professional practice.
11. "Program" means the North Dakota prescription drug
							monitoring program implemented under North Dakota Century Code chapter 19-03.5.
General Authority: NDCC 19-03.5
Law Implemented: NDCC
								19-03.5
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-12 - Prescription Drug Monitoring Program › Chapter 61-12-01 - Prescription Drug Monitoring Program › Section 61-12-01-02 - Dispenser reporting

Current through Supplement No. 393, July, 2024
1. Each dispenser
						licensed by a regulatory agency in the state of North Dakota who dispenses a
						controlled substance to a patient shall submit to the central repository by
						electronic means information regarding each prescription dispensed for a
						controlled substance. The information submitted for each prescription shall
						include all of the data elements in the American society for automation in
						pharmacy rules-based standard implementation guide for prescription monitoring
						programs issued September 2011, version 4, release 2.
2. Each dispenser shall submit the
						information required by this chapter to the central repository at least once
						every day unless the board waives this requirement for good cause shown by the
						dispenser.
3. An extension of the
						time in which a dispenser must report the information required by this chapter
						may be granted to a dispenser that is unable to submit prescription information
						by electronic means if:
a. The dispenser
						suffers a mechanical or electronic failure or cannot report within the required
						time for other reasons beyond the dispenser's control; or
b. The central repository is unable to
						receive electronic submissions.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-12 - Prescription Drug Monitoring Program › Chapter 61-12-01 - Prescription Drug Monitoring Program › Section 61-12-01-03 - Operation of program

Current through Supplement No. 393, July, 2024
1. The board may
				charge a fee to an individual who requests the individual's own information
				from the central repository.
2. The
				board may charge a fee to a person who requests statistical, aggregate, or
				other de-identified information.
3.
				The board may allow access to controlled substance records to delegates
				certified by an authorized individual listed in North Dakota Century Code
				section 19-03.5-03. The authorized individual shall manage the delegates
				accessing the repository under their authority.
4. The board shall allow access to controlled
				substance records to authorized individuals listed in North Dakota Century Code
				section 19-03.5-03 for a period of three years.
General Authority:
NDCC 19-03.5
Law Implemented:
NDCC 19-03.5
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-12 - Prescription Drug Monitoring Program › Chapter 61-12-01 - Prescription Drug Monitoring Program › Section 61-12-01-04 - Required use for certain dispensing situations

Current through Supplement No. 393, July, 2024
1. Each
				dispenser licensed by a regulatory agency in the state of North Dakota who
				dispenses a controlled substance to a patient shall, at a minimum, request and
				review a prescription drug monitoring report covering at least a one-year time
				period or another state's report, or both reports, when applicable and
				available prior to initially dispensing a prescription, with the exception of
				prescriptions for a patient in a skilled long-term care facility or a hospice
				patient. Further reports must be requested and reviewed if the dispenser
				becomes aware of a person currently:
a.
				Receiving reported drugs from multiple prescribers;
b. Receiving reported drugs for more than
				twelve consecutive weeks;
c.
				Abusing or misusing reported drugs (i.e., over-utilization; early refills;
				appears overly sedated or intoxicated upon presenting a prescription for a
				reported drug; or an unfamiliar patient requesting a reported drug by specific
				name, street name, color, or identifying marks);
d. Requesting the dispensing of a reported
				drug from a prescription issued by a prescriber with whom the dispenser is
				unfamiliar (i.e., the prescriber is located out-of-state or the prescriber is
				outside the usual pharmacy geographic prescriber care area); or
e. Presenting a prescription for reported
				drugs when the patient resides outside the usual pharmacy geographic patient
				population.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-13 - Controlled Substances › Chapter 61-13-01 - Controlled Substances Schedules › Section 61-13-01-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
The purpose of this chapter is to schedule substances which
							have an actual or relative potential for abuse and which bear risk to the
							public health by unknown individuals using them by inhaling the smoke or vapors
							or by ingesting or injecting the substances.
General Authority: NDCC 19-03.1-02, 19-03.1-05 Law
Implemented: NDCC
								19-03.1-02
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-13 - Controlled Substances › Chapter 61-13-01 - Controlled Substances Schedules › Section 61-13-01-02 - Definitions

Current through Supplement No. 393, July, 2024
The definitions under this rule have the meaning as set forth
							in North Dakota Century Code chapters 19-03.1 and 43-15.
General Authority: NDCC 19-03.1-02, 19-03.1-05
Law Implemented: NDCC
								19-03.1-02
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-13 - Controlled Substances › Chapter 61-13-01 - Controlled Substances Schedules › Section 61-13-01-03 - Scheduling

Current through Supplement No. 393, July, 2024
Substances on the drug enforcement administration's published
				  exempt prescription product list are not considered controlled substances.
				  Substances may be added to this section upon a rule change process in
				  accordance with North Dakota Century Code section 19-03.1-02.
General Authority:
NDCC 19-03.1-02,
					 19-03.1-05
Law Implemented:
NDCC 19-03.1-02
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-01 - General Administration › Chapter 61.5-01-01 - Organization of the Committee › Section 61.5-01-01-01 - Organization of the North Dakota board of physical therapy

Current through Supplement No. 393, July, 2024
1.
History
. The state examining
				committee for physical therapists was created in 1959 to assist the state board
				of medical examiners in the examination and registration of physical therapists
				in North Dakota. While it operated as a separate committee, it was by law an
				advisory committee to the state board of medical examiners. The forty-sixth
				legislative assembly in 1979 revamped most of North Dakota Century Code chapter
				43-26 on physical therapists, and
				in the process made the committee a separate entity with complete jurisdiction
				over the examination and registration of physical therapists. In 1989, the
				legislative assembly allowed physical therapists to practice without a
				physician referral and in 2005 the fifty-ninth legislative assembly completely
				revised the physical therapy practice act and renamed the committee the North
				Dakota board of physical therapy.
2.
Meetings
. Any board member
				who fails to attend two consecutive annual meetings shall have been deemed to
				have resigned unless the member has reasons satisfactory to the board for being
				unable to attend.
3.
Compensation
. Board members shall receive expenses from board
				funds for each day or a portion thereof spent in board work as provided for
				other state officers in North Dakota Century Code chapter 44-08.
4.
Executive officer
. The board
				shall designate an executive officer and shall compensate any person it hires
				to administer the board's duties.
Contact information is available on the North Dakota board of
				  physical therapy website at www.ndbpt.org.
General Authority:
NDCC 28-32-02.1
Law Implemented:
NDCC 28-32-02.1,
					 43-26.1-02,
					 43-26.1-03
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-01 - Examinations › Section 61.5-02-01-01 - Frequency of examinations

Current through Supplement No. 393, July, 2024
Computer-based examinations are available by appointment at
				  designated sites in North Dakota. Other testing sites are available in the
				  United States, United States territories, and Canada.
General Authority:
NDCC
					 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-03,
					 43-26.1-05
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-01 - Examinations › Section 61.5-02-01-02 - Location of examinations

Current through Supplement No. 393, July, 2024
The board shall designate testing site locations within North
				  Dakota. Other testing sites are available in the United States, United States
				  territories, and Canada.
General Authority: NDCC 43-26.1-03(5)
Law Implemented: NDCC 43-26.1-03, 43-26.1-05
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-01 - Examinations › Section 61.5-02-01-03 - Repeating examinations

Current through Supplement No. 393, July, 2024
An applicant who fails an examination may repeat the
				  examination, but must pay another examination fee to the federation of state
				  boards of physical therapy each time the examination is repeated.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC 43-26.1-03,
					 43-26.1-05
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-01 - Examinations › Section 61.5-02-01-04 - Eligibility to take examination

Current through Supplement No. 393, July, 2024
An applicant must have graduated from an approved program or
				  demonstrate good standing in the final semester of an approved program prior to
				  writing the examination. The earliest date the examination for licensure may be
				  taken by the applicant is the examination nearest to and before the applicant's
				  expected graduation date. An applicant who does not pass the examination on the
				  first attempt may retake up to six times. There is a limit of two attempts for
				  scores below four hundred.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC 43-26.1-03,
					 43-26.1-05
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-02 - Registration › Section 61.5-02-02-01 - General licensure requirements for graduates of approved curricula

Current through Supplement No. 393, July, 2024
The following requirements apply to all applicants for
				  licensure who are graduates of physical therapy or physical therapist assistant
				  curricula approved by the board:
1.
				United States-educated applicants:
a. A
				completed application form.
b.
				Payment of the fees set by the board.
c. An official transcript or electronic
				confirmation giving evidence of graduation from a curricula approved by the
				board.
d. Passing scores on the
				national examination approved by the board.
e. Completion of the juris prudence
				examination.
f. Completion of other
				educational requirements as set by the board.
g. At the board's discretion, an interview
				with the board or its designees.
h.
				Completion of a criminal history background check.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-02 - Registration › Section 61.5-02-02-02 - Types of licensure

Current through Supplement No. 393, July, 2024
1. For licensure by
				examination, all general licensure requirements must be met.
2. For licensure by endorsement from another
				United States jurisdiction:
a. All general
				licensure requirements must be met.
b. Verification of licensure from all
				jurisdictions in which the applicant is currently licensed.
c. Copy of scores on the examination
				transmitted by a score transfer service approved by the board.
d. At the board's discretion, an interview
				with the board or its designees.
e.
				If the applicant has not practiced physical therapy for three or more years,
				the applicant shall demonstrate to the board's satisfaction competence to
				practice physical therapy by one or more of the following as determined by the
				board:
(1) Practice for a specified time under
				a restricted license.
(2) Complete
				prescribed remedial courses.
(3)
				Complete continuing competence or similar requirements for the period of the
				expired license.
(4) Pass an
				examination approved by the board.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-02 - Registration › Section 61.5-02-02-05 - Renewal of licensure

Current through Supplement No. 393, July, 2024
1. Licenses not
				renewed annually by January thirty-first will expire.
2. If a licensee fails to receive the renewal
				notice, it is the licensee's responsibility to contact the board before the
				January thirty-first deadline.
3. A
				licensee who fails to renew the license on or before the expiration date shall
				not practice as a physical therapist or physical therapist assistant in this
				state, and may be subject to a late renewal fee.
4. Complete other competence requirements as
				prescribed by the board.
5. Each
				licensee is responsible for reporting to the board changes in contact
				information within thirty days of the change.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC 43-26.1-08,
					 43-26.1-09
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-02 - Registration › Section 61.5-02-02-05.1 - Reinstatement of licenses

Current through Supplement No. 393, July, 2024
1. The board may
				reinstate an expired license upon payment of a renewal fee and reinstatement
				fee.
2. If a license has expired
				for more than one year, the licensee is not eligible for renewal, but must
				submit application for licensure.
3. Licensees whose licenses have lapsed and
				who have been unlicensed for more than one year but less than three years from
				the last renewal must reapply for licensure and provide evidence that the
				cumulative continuing education requirements have been met for the unlicensed
				period.
4. Licensees whose licenses
				have lapsed for more than three consecutive years must reapply for licensure
				and shall demonstrate to the board's satisfaction competence to practice
				physical therapy, by one or more of the following as determined by the board:
a. Practice for a specified time under a
				restricted license.
b. Complete
				prescribed remedial courses.
c.
				Complete continuing competency or similar requirements for the period of the
				expired license.
d. Pass an
				examination approved by the board.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-02 - Registration › Section 61.5-02-02-06 - Exceptions to licensure

Current through Supplement No. 393, July, 2024
The following persons are exempt from North Dakota physical
				  therapy licensure requirements when engaged in the following activities:
1. A person in a professional education
				program approved by the board who is pursuing a course of study leading to a
				degree as a physical therapist or a physical therapist assistant and who is
				satisfying supervised clinical education requirements related to the person's
				physical therapy education while under onsite supervision of a licensed
				physical therapist.
2. A physical
				therapist or a physical therapist assistant who is practicing in the United
				States armed services, United States public health service, or veterans
				administration pursuant to federal regulation for state licensure of health
				care providers.
3. A physical
				therapist or a physical therapist assistant who is licensed in another United
				States jurisdiction or a foreign-educated physical therapist credentialed in
				another country if that person is performing physical therapy in connection
				with teaching or participating in an educational seminar of no more than sixty
				days in a calendar year.
4. A
				military spouse, as defined in North Dakota Century Code section 43-51-01 is
				immediately eligible to work as a physical therapist or physical therapist
				assistant if the military spouse has an active unencumbered license to practice
				in another jurisdiction. This practice privilege is good for ninety days as
				long as progress is being made with the spouse's application process in North
				Dakota. If the spouse is unable to complete the application process within
				ninety days, the board may grant an extension on a case-by-case basis as
				provided under North Dakota Century Code section 43-51-11.1. The board shall
				provide for identification as a military spouse on any license application or
				renewal form.
General Authority:
NDCC 43-51
Law Implemented:
NDCC 43-26.1-07, 43-51-01,
					 43-51-11.1, 43-51-11.2
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-02 - Registration › Section 61.5-02-02-07 - Grounds for disciplinary actions

Current through Supplement No. 393, July, 2024
The board may refuse to license any physical therapist or
				  physical therapist assistant, may discipline, or may suspend or revoke the
				  license of any physical therapist or physical therapist assistant for any of
				  the following grounds:
1. Violating
				any provision of this chapter, board rules, or a written order of the
				board.
2. Practicing or offering to
				practice beyond the scope of the practice of physical therapy.
3. Failing to refer a patient or client to an
				appropriate practitioner if the diagnostic process reveals findings that are
				outside the scope of the physical therapist's knowledge, experience, or
				expertise.
4. Obtaining or
				attempting to obtain a license by fraud or misrepresentation.
5. Engaging in the performance of substandard
				physical therapy care due to a deliberate or negligent act or failure to act,
				regardless of whether actual injury to the patient is established.
6. Engaging in the performance of substandard
				care by a physical therapist assistant, including exceeding the authority to
				perform components of intervention selected by the supervising physical
				therapist regardless of whether actual injury to the patient is
				established.
7. Failing to
				supervise physical therapist assistants or physical therapy aides in accordance
				with this chapter and board rules.
8. A determination by the board that a
				licensee's conviction of an offense has a direct bearing on the licensee's
				ability to serve the public as a physical therapist or physical therapist
				assistant or that, following conviction of any offense, the holder is not
				sufficiently rehabilitated as provided under North Dakota Century Code section
				12.1-33-02.1.
9. Practicing as a
				physical therapist or working as a physical therapist assistant when physical
				or mental abilities are impaired by the use of controlled substances or other
				habit-forming drugs, chemicals, alcohol, or by other causes.
10. Having had a license revoked or
				suspended, other disciplinary action taken, or an application for licensure
				refused, revoked, or suspended by the proper authorities of another state,
				territory, or country.
11. Engaging
				in sexual misconduct. For the purpose of this subsection, sexual misconduct
				includes:
a. Engaging in or soliciting sexual
				relationships, whether consensual or nonconsensual, while a physical therapist
				or physical therapist assistant-patient relationship exists.
b. Making sexual advances, requesting sexual
				favors, or engaging in other verbal conduct or physical contact of a sexual
				nature with patients or clients.
c.
				Intentionally viewing a completely or partially disrobed patient in the course
				of treatment if the viewing is not related to patient diagnosis or treatment
				under current practice standards.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-02 - Examination, Licensure, and Fees › Chapter 61.5-02-03 - Fees › Section 61.5-02-03-01 - Fees

Current through Supplement No. 393, July, 2024
1. Application fee - not refundable -
				$200.00.
2. Annual renewal fee -
				$100.00 for physical therapists and $60.00 for physical therapist
				assistants.
3. Late renewal fee -
				$50.00.
4. Compact fee -
				$40.00.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-10
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-03 - Continuing Competence › Chapter 61.5-03-01 - Continuing Competence Requirement › Section 61.5-03-01-01 - Continuing competence requirement

Current through Supplement No. 393, July, 2024
The board shall establish, and revise as it deems necessary,
				  rules and regulations to require completion of continuing competence activities
				  as a requirement for licensure or relicensure as a physical therapist or a
				  physical therapist assistant.
General Authority:
NDCC
					 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-03(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-03 - Continuing Competence › Chapter 61.5-03-01 - Continuing Competence Requirement › Section 61.5-03-01-02 - Units, effective date, and requirements

Current through Supplement No. 393, July, 2024
All physical therapists and physical therapist assistants
				  must obtain twenty-five units of continuing competence every two years to be
				  eligible for licensure or relicensure. Unit values are determined by the board
				  based on the complexity and educational value of the activity. There shall be
				  no carryover of continuing competence units to the next reporting period. The
				  board shall determine reporting groups, methods, and
				  deadlines.
General Authority:
NDCC
					 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-03(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-03 - Continuing Competence › Chapter 61.5-03-02 - Continuing Competence Activities and Unit Standards › Section 61.5-03-02-01 - Unit standards

Current through Supplement No. 393, July, 2024
One unit equals one hour of participation in competence
				  activities. The following unit standards apply to any continuing competence
				  activity that is intended to meet the continuing competence requirements for
				  physical therapists or physical therapist assistants:
1. The educational activities must have
				significant intellectual or practical content dealing primarily with matters
				directly related to the practice of physical therapy or to the professional
				responsibility or ethical obligations of the participants.
2. Each person making a presentation at a
				continuing competence activity must be qualified by practical or academic
				experience to teach the subject the person covers.
3. Credit may not be given for entertainment
				or recreational activities or programs, employment orientation sessions,
				holding an office or serving as an organizational delegate, meeting for the
				purpose of making policy, or noneducational association meetings.
4. Credit may not be given for meals, keynote
				speeches, introductory or preliminary sessions, postsession activities, and
				similar events associated with continuing competence programs.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-03(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-03 - Continuing Competence › Chapter 61.5-03-02 - Continuing Competence Activities and Unit Standards › Section 61.5-03-02-02 - Activity content

Current through Supplement No. 393, July, 2024
Twenty-five units are required every two years. The units
				  may include:
1. Activities related to
				physical therapy approved by the American physical therapy association, state
				physical therapy associations, and state physical therapy boards.
2. Completion of an American physical therapy
				association specialty certification or recertification will equal fifteen
				units.
3. Completion of a physical
				therapy residency program equals twenty-five units.
4. One unit for every one hundred sixty-five
				hours of clinical instruction with a maximum of five units per reporting
				period.
5. A person teaching an
				approved continuing competence activity must be awarded additional credit for
				preparation time not to exceed a ratio of five to one between preparation time
				and presentation time respectively. This credit may be taken for only one
				course annually.
6. Teaching at an
				accredited physical therapy or physical therapist assistant program as long as
				teaching is not the licensee's primary occupation. One unit is allowed per
				direct contact hour in teaching a maximum of five units per recording
				period.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-03(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-03 - Continuing Competence › Chapter 61.5-03-03 - Verification of Compliance › Section 61.5-03-03-01 - Verification of compliance

Current through Supplement No. 393, July, 2024
1. At the January
				license renewal deadline immediately following their two-year continuing
				competence cycle, registrants shall provide attestation to completing the
				continuing competence activities taken and indicating compliance with the
				required twenty-five units of continuing competence. The board, in its
				discretion, may require additional evidence necessary from a licensee to verify
				compliance.
2. The board shall
				periodically select a sample of ten percent of licensees each year for evidence
				of continuing competence to which they have attested. Documentation may come
				directly from the licensee or from state or national organizations that
				maintain those types of records.
3.
				A person who claims extenuating circumstances in not being able to meet the
				continuing competence requirements shall petition the board for consideration
				of those special conditions.
4.
				Licensees applying for licensure in North Dakota for the first time from other
				states or countries who do not have twenty-five units of continuing competence
				within the last two years will be required to complete thirteen units of
				continuing competence within a year of their initial licensure in North Dakota,
				and will thereafter be on the two-year continuing competence cycle provided in
				these rules.
General Authority:
NDCC
					 43-26.1-03(5)
Law Implemented:
NDCC
					 43-26.1-03(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-03 - Continuing Competence › Chapter 61.5-03-04 - Competence › Section 61.5-03-04-01 - Evidence of competence

Current through Supplement No. 393, July, 2024
1. Qualification
				for manual therapy as defined in subsection 3 of North Dakota Century Code
				section 43-26.1-01 and subsection 6 of North Dakota Administrative Code section
				61.5-01-02-01, other than high-velocity, low-amplitude thrust manual therapy,
				include:
a. Graduate of a United States
				accredited, entry-level physical therapist or physical therapist assistant
				program.
b. Foreign-educated
				licensees would have to show evidence of entry-level training in manual therapy
				techniques as part of their curriculum.
c. Physical therapist assistants may perform
				soft tissue mobilization and peripheral joint mobilization when the physical
				therapist has determined that the physical therapist assistant has the
				necessary degree of education, training, and skill for safe patient
				care.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-04 - Violations › Chapter 61.5-04-01 - Violations › Section 61.5-04-01-01 - Violations

Current through Supplement No. 393, July, 2024
Complaints and problems about alleged violations of North
				  Dakota Century Code chapter 43-26.1 shall be forwarded to the board for its
				  consideration. The board shall review and, if necessary, investigate all
				  complaints and allegations that come before it. The board may seek the advice
				  and assistance of legal counsel in this review and investigation process. The
				  board may direct its executive officer, or other personnel, to act either
				  directly, on its behalf, or to assist others, in filing complaints of North
				  Dakota Century Code chapter 43-26.1 violations with state's attorneys, and to
				  provide assistance and information as required by state's attorneys. The board
				  may seek the advice of legal counsel concerning the use of injunctions as a
				  means of preventing or stopping violations, and may direct legal counsel, on
				  its behalf, to use such remedies. The board shall keep all information relating
				  to the receipt and investigation of the complaint confidential until the
				  information is disclosed in the course of the investigation or any subsequent
				  proceeding, or until disclosure is required by law. However, patient records,
				  including clinical records, files, any other report or oral statement relating
				  to diagnostic findings of a patient or treatment of a patient, any information
				  from which a patient or the patient's family might be identified, or
				  information received and records or reports kept by the board as a result of an
				  investigation made pursuant to North Dakota Century Code chapter 43-26.1, are
				  confidential.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC 43-26.1-03(16),
					 43-26.1-16, 43-26.1-17
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-05 - Supervision of Supportive Personnel › Chapter 61.5-05-01 - Supervision of Supportive Personnel › Section 61.5-05-01-01 - Delegation of responsibility

Current through Supplement No. 393, July, 2024
When a physical therapist delegates patient care
				  responsibilities to physical therapist assistants, the physical therapist holds
				  responsibility for supervision of the physical therapy program. Physical
				  therapists shall not delegate to a less qualified person any activity that
				  requires the unique skills, knowledge, and judgment of the physical therapist.
				  The primary responsibility for physical therapy care rests with the supervising
				  physical therapist.
1. Adequate
				supervision requires, at a minimum, that the supervising physical therapist
				perform the following activities:
a. Designate
				or establish channels of written and oral communication.
b. Interpret available information concerning
				the individual under care.
c.
				Provide initial evaluation.
d.
				Develop plan of care, including short-term and long-term goals.
e. Select and delegate appropriate tasks for
				plan of care.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-05 - Supervision of Supportive Personnel › Chapter 61.5-05-01 - Supervision of Supportive Personnel › Section 61.5-05-01-02 - Physical therapist assistants

Current through Supplement No. 393, July, 2024
The physical therapist assistant shall perform selected
				  components of patient care under the supervision of a physical therapist who is
				  properly credentialed in the jurisdiction in which the physical therapist
				  assistant practices.
1. The physical
				therapist assistant may initiate or alter a treatment program only with prior
				evaluation by, and approval of, the supervising physical therapist.
2. The physical therapist assistant, with
				prior approval by the supervising physical therapist, may adjust the specific
				treatment procedure in accordance with changes in the patient's
				status.
3. The physical therapist
				assistant may interpret data only within the scope of the physical therapist
				assistant's education.
4. The
				physical therapist assistant may respond to inquiries regarding a patient's
				status to appropriate parties within the protocol established by the
				supervising physical therapist.
5.
				The physical therapist assistant shall refer inquiries regarding patient
				prognosis to a supervising physical therapist.
6. Documentation other than the initial note
				and the discharge summary can be written by a physical therapist
				assistant.
7. The supervising
				physical therapist must be accessible by communication to the physical
				therapist assistant at all times while the physical therapist assistant is
				treating the patient.
8. An initial
				visit must be made by the supervising physical therapist for evaluation of the
				patient and establishment of a plan of care.
9. A joint visit by the supervising physical
				therapist and physical therapist assistant or a conference between the
				supervising physical therapist and physical therapist assistant must be made
				prior to or on the first physical therapist assistant visit to the patient.
				This visit must include:
a. A functional
				assessment;
b. Review of activities
				with appropriate revisions or termination of plan of care; and
c. Assessment of utilization of outside
				resources.
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-05 - Supervision of Supportive Personnel › Chapter 61.5-05-01 - Supervision of Supportive Personnel › Section 61.5-05-01-04 - Physical therapy aides

Current through Supplement No. 393, July, 2024
The physical therapy aide may assist the physical therapist
				  in the following activities:
1. Carry
				out established procedures for the care of equipment and supplies.
2. Prepare, maintain, and clean up treatment
				areas and maintain a supportive area.
3. Transport patients, records, equipment,
				and supplies in accordance with established policies and procedures.
4. Assemble and disassemble equipment and
				accessories.
5. Under the direct
				supervision of a physical therapist, assist in preparation for and perform
				routine tasks as assigned. Routine tasks do not include components of patient
				care which require the unique skills, knowledge, and abilities of a physical
				therapist.
General Authority:
NDCC 43-26.1-03(5)
Law Implemented:
NDCC 43-26.1-01(13),
					 43-26.1-11, 43-26.1-13(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-05 - Supervision of Supportive Personnel › Chapter 61.5-05-01 - Supervision of Supportive Personnel › Section 61.5-05-01-05 - Supervision ratios

Current through Supplement No. 393, July, 2024
A physical therapist, at any one time, may supervise a
				  maximum of three supportive personnel if no more than two are physical
				  therapist assistants.
General Authority: NDCC 43-26.1-03(5)
Law Implemented: NDCC 43-26.1-01(7), 43-26.1-11, 43-26.1-13(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-05 - Supervision of Supportive Personnel › Chapter 61.5-05-01 - Supervision of Supportive Personnel › Section 61.5-05-01-06 - Supportive personnel identification

Current through Supplement No. 393, July, 2024
All supportive personnel shall wear an identification badge
				  identifying them as a physical therapist assistant or physical therapy aide, or
				  as appropriate. Supportive personnel shall not use any term that implies they
				  are licensed physical therapists.
General Authority: NDCC 43-26.1-03(5)
Law Implemented: NDCC 43-26.1-01(6), 43-26.1-01(8), 43-26.1-11, 43-26.1-13(7)
North Dakota Administrative Code › Title 61.5 - North Dakota Board of Physical Therapy › Article 61.5-06 - Miscellaneous › Chapter 61.5-06-02 - Medications › Section 61.5-06-02-01 - Medications

Current through Supplement No. 393, July, 2024
1. A physical therapist may purchase, store,
				and administer topical medications, including topical aerosol medications, as
				part of the practice of physical therapy, but shall not dispense or sell any of
				the medications to patients. A physical therapist shall comply with any
				protocols of the United States pharmacopoeia for storage of medications.
2. A valid order or prescription
				for medication classified as a legend drug is needed before administration to a
				patient. Physical therapy facilities must work with a pharmacist to assist with
				proper protocols for storage of medications. A record of dosage form, quantity,
				and strength of medication administered to each patient is required in the
				medical record.
General Authority: NDCC 43-26.1-03(5)
Law Implemented: NDCC 43-26.1-14(3)
North Dakota Administrative Code › Title 62 - State Board of Plumbing › Article 62-01 - General Administration › Chapter 62-01-01 - Organization of Board › Section 62-01-01-01 - Organization of board of plumbing

Current through Supplement No. 393, July, 2024
1.
History.
The 1941 legislative assembly passed a state plumbing
				law, codified as North Dakota Century Code chapter 43-18. The chapter was
				intended to promote and protect the public health through the regulation of the
				business of plumbing by creating a state board of plumbing and empowering the
				board and the department of environmental quality to adopt rules governing the
				practice of plumbing and establishing a code of minimum standards of plumbing
				work. The 1973 legislative assembly passed legislation, codified as North
				Dakota Century Code chapter 43-18.1, which regulates the installation of
				water-conditioning equipment. The 1987 legislative assembly passed legislation,
				codified as North Dakota Century Code chapter 43-18.2, which regulates the
				installation of sewer and water services.
2.
Board membership.
The board
				of plumbing consists of the chief sanitary engineer of the department of
				environmental quality, and four persons appointed by the governor: one a master
				plumber; one a journeyman plumber; one a registered professional engineer; and
				one a representative of the consuming public. The four appointed members of the
				board serve four-year terms, with one term expiring each year.
3.
Secretary and executive
				director.
The secretary and executive director of the board is appointed
				by the board and is responsible for administration of the board's
				activities.
4.
Inquiries.
All inquiries and communication relating to licensing,
				plumbing installation, and inspections may be directed to:
North Dakota State Plumbing Board
1110 College Drive, Suite 210
Bismarck, ND 58501
Phone (701) 328-9977
Fax (701) 328-9979
E-mail ndplumb@nd.gov
General Authority:
NDCC 28-32-02,
					 43-18-08
Law Implemented:
NDCC
					 43-18-06