reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Definitions contained in title 9, Code of Federal
				  Regulations, part 79.1 are adopted by the board and apply to this chapter,
				  unless otherwise defined or ordered by the board.
General Authority:
NDCC
					 36-01-08
Law Implemented:
NDCC
					 36-01-08,
					 36-01-12,
					 9 CFR
					 79.1, 9 CFR
					 161
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-02 - Importation requirements - Certificate of veterinary inspection - Identification - Exemptions

Current through Supplement No. 393, July, 2024
1.
				Sheep imported into the state must be accompanied by an official certificate of
				veterinary inspection and an importation permit number except:
a. Sheep originating directly from a
				producer's premises, not diverted en route, and consigned to an auction market
				approved by the board.
b. Sheep
				consigned to a state or federally inspected slaughtering
				establishment.
c. Sheep granted an
				exception by the board, if in the opinion of the state veterinarian the animals
				are free of contagious or infectious diseases.
d. Sheep leaving the state for exhibition or
				competition with a valid certificate of veterinary inspection may return to the
				state with the same certificate of veterinary inspection if the animal has not
				been out of the state for more than thirty days.
e. Other sheep as otherwise provided for by
				these rules.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-02 - Importation requirements - Certificate of veterinary inspection - Identification - Exemptions

Current through Supplement No. 393, July, 2024
1. Sheep imported
				into the state must be accompanied by an official certificate of veterinary
				inspection except:
a. Sheep originating
				directly from a producer's premises, not diverted en route, and consigned to an
				auction market approved by the board.
b. Sheep consigned to a state or federally
				inspected slaughtering establishment.
c. Sheep granted an exception by the board,
				if in the opinion of the state veterinarian the animals are free of contagious
				or infectious diseases.
d. Sheep
				leaving the state for exhibition or competition with a valid certificate of
				veterinary inspection may return to the state with the same certificate of
				veterinary inspection if the animal has not been out of the state for more than
				thirty days.
e. Other sheep as
				otherwise provided for by these rules.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-03 - Importation disease testing requirements

Current through Supplement No. 393, July, 2024
1. Brucella ovis.
a. Breeding rams six months of age or older
				imported into the state must have tested negative for brucella ovis within
				thirty days prior to entry;
b. The
				flock of origin must have a negative brucella ovis status. To qualify a flock
				as a negative brucella ovis status flock, two negative tests for brucella ovis
				must have been administered, forty-five to sixty days apart, during the same
				year, to all rams one year of age or older, and thereafter a yearly negative
				test must have been administered to all rams in the flock one year of age or
				older;
c. The state veterinarian
				may authorize the importation of registered breeding sheep and exempt them from
				the initial import requirements of this subsection. Registered breeding sheep
				imported by this authorization must be held under quarantine and isolated from
				other sheep until they have met the requirements of this subsection;
d. Animals testing positive on a post-entry
				test must be euthanized and no indemnity is paid to the owner or the animals
				may be immediately returned to the state of origin; or
e. All tests for brucella ovis administered
				pursuant to this section must be tests officially recognized or otherwise
				approved by the state veterinarian.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-03 - Importation disease testing requirements

Current through Supplement No. 393, July, 2024
1. Brucella ovis.
a. Breeding rams twelve months of age or
				older imported into the state must have tested negative for brucella ovis
				within thirty days prior to entry;
b. The flock of origin must have a negative
				brucella ovis status. To qualify a flock as a negative brucella ovis status
				flock, two negative tests for brucella ovis must have been administered,
				forty-five to sixty days apart, during the same year, to all rams one year of
				age or older, and thereafter a yearly negative test must have been administered
				to all rams in the flock one year of age or older;
c. The state veterinarian may authorize the
				importation of registered breeding sheep and exempt them from the initial
				import requirements of this subsection. Registered breeding sheep imported by
				this authorization must be held under quarantine and isolated from other sheep
				until they have met the requirements of this subsection;
d. Animals testing positive on a post-entry
				test must be euthanized and no indemnity is paid to the owner or the animals
				may be immediately returned to the state of origin;
e. All tests for brucella ovis administered
				pursuant to this section must be tests officially recognized or otherwise
				approved by the state veterinarian: and
f. Rams imported temporarily for exhibition
				and return to state of origin may be exempt from the test
				requirement.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-04 - Disease control

Current through Supplement No. 393, July, 2024
1. Anthrax.
a. Sheep susceptible to anthrax located on
				farms where anthrax has been diagnosed shall be vaccinated. Animals must be
				quarantined for thirty days after the death of the last animal or thirty days
				following vaccination, whichever occurs last.
b. Sale of hides removed from animals
				infected with anthrax is prohibited.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-11 - Sheep › Chapter 48.1-11-01 - Sheep › Section 48.1-11-01-05 - Removal or damaging of official identification or marks

Current through Supplement No. 393, July, 2024
Official identification or marks may not be removed or
				  tampered with without approval by the state veterinarian.
General Authority:
NDCC
					 36-01-08
Law Implemented:
NDCC
					 36-01-08
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-12 - Swine › Chapter 48.1-12-01 - Swine › Section 48.1-12-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this title have the same meaning as
				  in North Dakota Century Code chapter 36-01. Additionally:
1. "Breeding swine" means any swine that are
				maintained for breeding purposes, including sows that are parturient or which
				have given birth to one or more litters of pigs and boars which are uncastrated
				and which have reached a stage of maturity rendering the animal capable of
				being used as a breeding animal, including those boars that through age or
				infirmity are no longer suitable for such use.
2. "Feeder swine" means swine being fed or
				intended to be fed for weight-gaining purposes and eventual
				slaughter.
3. "Slaughter swine"
				means swine that are consigned to a slaughter market or consigned directly to
				slaughter regardless of age, breed, or sex.
General Authority:
NDCC
					 36-01-08
Law Implemented:
NDCC
					 36-01-08
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-12 - Swine › Chapter 48.1-12-01 - Swine › Section 48.1-12-01-02 - Importation requirements - Certificate of veterinary inspection - Identification - Exemptions

Current through Supplement No. 393, July, 2024
1.
				Swine imported into the state, must be accompanied by a certificate of
				veterinary inspection except:
a. Swine
				originating directly from a producer's premises, not diverted en route, and
				consigned to an auction market approved by the board.
b. Swine consigned to a state or federally
				inspected slaughtering establishment.
c. Swine granted an exception by the board,
				if in the determination of the state veterinarian the animals are free of
				contagious or infectious diseases.
d. Swine leaving the state for exhibition or
				competition with a valid certificate of veterinary inspection may return to the
				state with the same certificate of veterinary inspection if the animal has not
				been out of the state for more than thirty days.
e. Other swine as otherwise provided for by
				these rules.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-12 - Swine › Chapter 48.1-12-01 - Swine › Section 48.1-12-01-02 - Importation requirements - Certificate of veterinary inspection - Identification - Exemptions

Current through Supplement No. 393, July, 2024
1. Swine imported
				into the state, must be accompanied by a certificate of veterinary inspection
				except:
a. Swine originating directly from a
				producer's premises, not diverted en route, and consigned to an auction market
				approved by the board.
b. Swine
				consigned to a state or federally inspected slaughtering
				establishment.
c. Swine granted an
				exception by the board, if in the determination of the state veterinarian the
				animals are free of contagious or infectious diseases.
d. Swine leaving the state for exhibition or
				competition with a valid certificate of veterinary inspection may return to the
				state with the same certificate of veterinary inspection if the animal has not
				been out of the state for more than thirty days.
e. Other swine as otherwise provided for by
				these rules.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-12 - Swine › Chapter 48.1-12-01 - Swine › Section 48.1-12-01-03 - Importation disease testing requirements

Current through Supplement No. 393, July, 2024
1. Brucellosis. Breeding swine over six
				months of age must have had a negative brucellosis test within thirty days
				prior to entry into the state unless they are imported from a validated herd or
				a validated state.
2. Pseudorabies.
				Imported swine must test negative for pseudorabies within thirty days prior to
				entry into the state or comply with one of the following:
a. Be from a stage V or stage IV state or
				area, as designated by the USDA-APHIS-VS;
b. Be from a qualified pseudorabies negative
				herd; or
c. Be from a feeder swine
				pseudorabies monitored herd as designated by USDA-APHIS-VS.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-12 - Swine › Chapter 48.1-12-01 - Swine › Section 48.1-12-01-04 - Disease control

Current through Supplement No. 393, July, 2024
Pseudorabies.
1.
				USDA-APHIS-VS establishes criteria for recognizing pseudorabies low-state area
				or prevalence areas.
2. A
				pseudorabies vaccination for all swine is prohibited unless approved in writing
				by the state veterinarian.
3.
				Breeding and feeder swine of unknown status must be quarantined until the swine
				pseudorabies status is determined by isolation and a pseudorabies test is
				conducted at the owner's expense, as well as a retest conducted in thirty to
				sixty days, at the owner's expense, or such swine must be shipped directly to
				slaughter.
4. A pseudorabies
				infected swine herd, as determined by a test approved by the board, must be
				quarantined and isolated from other susceptible animals on the farm, or other
				premises where the infected herd is located.
5. Reactor animals must be slaughtered. Then,
				the infected herd must be retested and receive two negative tests, the tests at
				least thirty days apart, with the first test occurring not sooner than thirty
				days after the last reactor animal is removed from the herd. Nursing piglets
				are not required to be tested.
6.
				As an alternative to a retest, the entire infected herd may be sent directly to
				slaughter.
7. The quarantine will
				be lifted only after the retests required pursuant to this subsection have
				occurred, or the entire infected herd has been shipped directly to slaughter.
				Before the quarantine is lifted, the premises of the infected herd must be
				cleaned and disinfected in a manner prescribed by the state veterinarian, or
				other agent of the board.
8.
				Slaughter sows and boars must receive pseudorabies testing at the first point
				of sale in the state, if necessary under a mandatory pseudorabies testing
				program instituted by the board.
9.
				Disposal of carcasses of swine infected with or testing positive for
				pseudorabies must be by a method prescribed by the state
				veterinarian.
General Authority:
NDCC
					 36-01-08
Law Implemented:
NDCC
					 36-01-08,
					 36-01-12
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-12 - Swine › Chapter 48.1-12-01 - Swine › Section 48.1-12-01-05 - Removal or damaging of official identification or marks

Current through Supplement No. 393, July, 2024
Official identification or marks may not be removed or
				  tampered with without authorization by the state
				  veterinarian.
General Authority:
NDCC
					 36-01-08
Law Implemented:
NDCC
					 36-01-08
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-13 - Other Animals › Chapter 48.1-13-01 - Dogs, Cats, and Ferrets › Section 48.1-13-01-01 - Importation requirements - Certificate of veterinary inspection - Identification - Exemptions

Current through Supplement No. 393, July, 2024
1.
				Any dog, cat, or ferret imported into the state for a period of over thirty
				days must be accompanied by a certificate of veterinary inspection.
2. Any dog, cat, or ferret over three months
				of age imported into the state must have a certification of a current rabies
				vaccination;
a. When any dog, cat, or ferret
				over three months of age is imported from an area that is quarantined for
				rabies, a certifying statement is required from an accredited veterinarian that
				the dog, cat, or ferret has not been exposed to rabies.
b. A person may not import any dog, cat, or
				ferret less than three months of age from an area under quarantine for
				rabies.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-13 - Other Animals › Chapter 48.1-13-01 - Dogs, Cats, and Ferrets › Section 48.1-13-01-01 - Importation requirements - Certificate of veterinary inspection - Identification - Exemptions

Current through Supplement No. 393, July, 2024
1. Any dog, cat, or
				ferret imported into the state for a period of over thirty days must be
				accompanied by a certificate of veterinary inspection.
2. Any dog, cat, or ferret over twelve weeks
				of age imported into the state must have a certification of a current rabies
				vaccination;
a. When any dog, cat, or ferret
				over twelve weeks of age is imported from an area that is quarantined for
				rabies, a certifying statement is required from an accredited veterinarian that
				the dog, cat, or ferret has not been exposed to rabies.
b. A person may not import any dog, cat, or
				ferret less than twelve weeks of age from an area under quarantine for
				rabies.
North Dakota Administrative Code › Title 48.1 - State Board of Animal Health › Article 48.1-13 - Other Animals › Chapter 48.1-13-02 - Other Animals › Section 48.1-13-02-01 - Other animals

Current through Supplement No. 393, July, 2024
1. Importers of
				animals not included in the preceding sections, including domesticated wild
				animals, game animals, game birds and eggs of game birds, imported into the
				state may require a certificate of veterinary inspection and obtain an
				importation permit number from the state veterinarian.
2. The state veterinarian may require disease
				detection tests or inspections upon any such animals and birds and eggs prior
				to importation into the state and may deny importation if the results of such
				tests or inspections are other than negative.
General Authority:
NDCC
					 36-01-08,
					 36-01-12
Law Implemented:
NDCC
					 36-01-08,
					 36-01-12,
					 36-14-04.1
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-01 - Organization of Board › Section 49-01-01-01 - Organization of board of massage therapy

Current through Supplement No. 393, July, 2024
1.
History
				and function.
The 1959 legislative assembly passed the Massage
				Registration Act, codified as North Dakota Century Code chapter 43-25. The
				governor appoints the board of massage therapy. The board monitors the
				relationship and interaction between the licenseholder and the public and
				protects the public from those who are unqualified to practice massage therapy
				in North Dakota.
2.
Inquiries.
Inquiries regarding the board may be addressed to:
North Dakota Board of Massage Therapy Website:
				  ndbmt.org
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02,
					 43-25-05
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-02 - Licensure and Fees › Section 49-01-02-01 - Fees

Current through Supplement No. 393, July, 2024
The board charges the following fees:
1. To receive a license, one hundred fifty
				dollars
2. To renew a license, two
				hundred dollars. To renew expires, a late penalty fee of fifty dollars in
				addition to the two hundred dollar renewal fee.
General Authority:
NDCC 43-25-07, 43-25-08,
					 43-25-09
Law Implemented:
NDCC 43-25-07, 43-25-08,
					 43-25-09
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-02 - Licensure and Fees › Section 49-01-02-02 - License applications

Current through Supplement No. 393, July, 2024
To receive a license as a massage therapist, the applicant
				  must complete an application provided by the board and must include the
				  following additional information:
1.
				Sufficient proof to the board that the applicant has satisfied the educational
				requirements in  article 49-02.
2.
				Passport size photo.
3. Proof of
				identity, including documentation of any name previously used by the
				applicant.
4. Proof of a passing
				score on a test approved by the board. The test results must be received
				directly from the organization administering or providing the test.
5. Completion of a jurisprudence examination
				on laws applicable to massage therapy in North Dakota with a score of 80
				percent or higher.
6. For
				reciprocity applications, information on dates and location of prior massage
				therapy work experience.
7. A
				behavioral health assessment or both a physical and behavioral health
				assessment if the board reasonably believes the applicant has a physical or
				behavioral health condition jeopardizing the health of those who seek massage
				from the individual.
a. The cost of the
				ordered health assessment is the applicant's sole responsibility and the
				applicant may choose a licensed provider of their own choosing.
b. The applicant shall sign releases of
				information to the board for the ordered health assessment.
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-02 - Licensure and Fees › Section 49-01-02-03 - Expired licenses

Current through Supplement No. 393, July, 2024
1. A massage
				therapy license is issued on a biennial basis and expires if the required
				renewal fee has not been paid and continuing education credit-hours have not
				been submitted by the renewal date.
2. Practicing massage after a massage
				therapist's license has expired constitutes the unauthorized practice of
				massage. Practicing massage under an expired license is a violation of North
				Dakota Century Code section 43-25-03 and is grounds for disciplinary action by
				the board under North Dakota Century Code section 43-25-10.
3. A license that has expired may be renewed
				within two years from the date of expiration upon payment of the applicable
				fees and submitting proof of continuing education hours. The fee will not be
				prorated for any period during which the license was expired.
4. A licenseholder shall notify the board of
				any change in the licenseholder's name, mailing address, business address, name
				of the licenseholder's places of business, and phone number, within sixty days
				after the change occurs. Failure to notify the board may result in disciplinary
				action.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 43-25-03,
					 43-25-09
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-02 - Licensure and Fees › Section 49-01-02-04 - Grounds for discipline

Current through Supplement No. 393, July, 2024
A licensed massage therapist may be subject to disciplinary
				  action by the board for any of the grounds authorized in North Dakota Century
				  Code chapter 43-25, including:
1.
				Failure by the licensee to identify himself or herself before beginning the
				massage ;
2. Failure as an
				instructor to provide sufficient supervision of massage by students;
				or
3. Commission of one or more
				acts which indicate the licensee lacks good moral character and is therefore
				ineligible to be licensed by the board, including:
a. Engaging in criminal conduct involving the
				client as a victim.
b. Initiating
				or engaging in any sexual conduct, sexual activities, or sexualizing behavior
				involving a current massage client of the licensee, even if the client attempts
				to sexualize the relationship.
c.
				Consuming alcohol while providing massage services or with a client in a
				massage establishment.
d.
				Intentionally viewing a completely or partially disrobed client, or
				disregarding proper draping procedures in the course of treatment if the
				viewing is not legitimately related to treatment under current practice
				standards.
e. Having had a license
				revoked or suspended, or other disciplinary action taken, or an application for
				licensure refused, revoked, or suspended by the proper authorities of another
				state, territory, or country.
f.
				Failing to report to the board when there is direct knowledge of any
				unprofessional, incompetent, or illegal acts that appear to be in violation of
				North Dakota Century Code chapter 43-25 or any rules established by the
				board.
g. Failure to apply massage
				based on current standards of practice, such as those provided by
				professionally or nationally recognized massage therapy
				organizations.
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-02 - Licensure and Fees › Section 49-01-02-05 - Continuing education

Current through Supplement No. 393, July, 2024
1. To renew a
				license as a massage therapist, the licenseholder must attest the licenseholder
				has obtained the required number of continuing education hours as outlined in
				North Dakota Century Code section 43-25-09, which may include proof of the
				date, format of instruction, time, and location of the instruction, the name of
				the program or course, the instructor or instructors, and the provider of the
				program or course.
2. To qualify as
				continuing education under this section, the instruction must be offered by a
				qualified instructor and be directly related to the practice of massage
				therapy. The course of instruction must be approved by the board. The
				licenseholder or provider must identify the instructor of the course and
				describe the qualifications of the instructor, the topics covered during the
				course, and the total hours for which the licenseholder seeks approval. When
				deciding whether to approve continuing education, the board will consider the
				credentials of the provider and instructor. The board also will determine if
				the content of the course is appropriate for continuing education of massage
				therapy.
3. Continuing education
				may be obtained by remote means pursuant to board approval.
4. Continuing education hours must be earned
				in the two years prior to renewal and no hours may be carried over into the
				next two-year period.
5. For
				college credits to qualify as continuing education, the instruction must meet
				the above requirements and must be directly related to the practice of massage
				therapy as approved by the board.
General Authority:
NDCC 43-25-09
Law Implemented:
NDCC
					 43-25-09
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-01 - General Administration › Chapter 49-01-02 - Licensure and Fees › Section 49-01-02-06 - Medical and Behavioral Health Examination

Current through Supplement No. 393, July, 2024
1. The
				board may request the licensee complete a physical health assessment, a
				behavioral health assessment or both a physical and behavioral health
				assessment, if the board reasonably believes a massage therapist has a physical
				or behavioral health condition jeopardizing the health of those who seek
				massage from the individual.
a. The cost of
				ordered health assessment is the licensee's sole responsibility and the
				applicant may choose a licensed provider of their own choosing.
b. The licensee shall sign releases of
				information to the board for the ordered health assessment.
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-01 - General Education Requirements › Section 49-02-01-01 - Hours of instruction

Current through Supplement No. 393, July, 2024
1. To be eligible
				for a license as a massage therapist, an applicant must present a diploma or
				credentials issued by one or more schools of massage or school offering a
				massage program which indicate a cumulative total of seven hundred fifty hours
				of instruction as determined under this article.
2. As used in this article, a "clock-hour" or
				hour of classroom or practical instruction means a sixty-minute block of time
				consisting of a minimum of fifty minutes of instruction with appropriate
				breaks.
General Authority:
NDCC 28-32-02,
					 43-25-07
Law Implemented:
NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-01 - General Education Requirements › Section 49-02-01-02 - Location of instruction

Current through Supplement No. 393, July, 2024
The education requirements in this article may be satisfied
				  by instruction provided at a single school of massage or school offering a
				  massage program or by attendance at more than one school, as long as the hours
				  of total instruction provided to the student are not redundant and satisfy the
				  other requirements in this article. An applicant shall submit a diploma or
				  other credentials from each school attended.
General Authority:
NDCC 28-32-02, 43-25-07
Law Implemented:
NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-01 - General Education Requirements › Section 49-02-01-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02,
					 43-25-07
Law Implemented: NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-01 - General Education Requirements › Section 49-02-01-04 - Liaison

Current through Supplement No. 393, July, 2024
Each massage school or school offering a massage program in
				  the state of North Dakota shall designate one full-time massage therapist
				  faculty person in the state, who shall be the liaison to the board. The liaison
				  shall submit a copy of the school's curriculum to the board each year.
				  Out-of-state schools may select to have a liaison to the
				  board.
General Authority:
NDCC 28-32-02, 43-25-07
Law Implemented:
NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-02 - Classroom Instructions › Section 49-02-02-01 - Hours of classroom instruction

Current through Supplement No. 393, July, 2024
"Required hours of classroom instruction" means actual hours
				  in attendance in class with face-to-face interaction with an instructor,
				  including through the use of technology that allows for visual and auditory
				  live remote education. Other classes may be through asynchronous remote
				  education.
General Authority:
NDCC 28-32-02,
					 43-25-07
Law Implemented:
NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-02 - Classroom Instructions › Section 49-02-02-02 - Eligible classroom instruction

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided in this section or waived by the board for good cause,
				classroom instruction under this chapter must be provided by a licensed massage
				therapist at a recognized and approved school of massage and credit may not be
				given for prior educational instruction. In the case of a reciprocity
				application, the board may consider documented continuing education courses
				toward fulfilling the minimum seven hundred fifty hours of required education.
				In order to teach in North Dakota, the massage therapist must have at least
				three years of hands-on experience as a massage therapist, hold a current North
				Dakota license, and be in good standing with the board.
2. An instructor of anatomy, physiology, or
				pathology is not required to be a licensed massage therapist, but must have
				earned a recognized master's degree or higher, in an appropriate field of
				study. Instructors of first aid, sanitation and disease prevention, CPR,
				business practice and career development, or ethics must have appropriate
				credentials, but need not be licensed massage therapists.
3. A school of massage may give a student
				credit for prior educational instruction which was provided by a postsecondary
				institution. The maximum credit for prior instruction which may be given under
				this subsection is provided in subsection 5 of section 49-02-02-03.
General Authority:
NDCC 28-32-02,
					 43-25-07
Law Implemented:
NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-02 - Classroom Instructions › Section 49-02-02-03 - Required curriculum

Current through Supplement No. 393, July, 2024
1. The supervised
				required hours of classroom instruction received by an applicant must satisfy
				the following curriculum requirements:
a. One
				hundred fifty hours of anatomy, physiology, and kinesiology.
b. Ten hours of first aid and CPR. At the
				time of graduation, the applicant must hold a valid current CPR card certified
				by a nationally recognized organization to provide CPR instruction.
c. One hundred and thirty hours of
				introductory massage therapy courses, including basic and allied modalities,
				contraindications, sanitation, disease prevention, and massage
				theory.
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-03 - Practical Instruction › Section 49-02-03-01 - Hours of practical instruction

Current through Supplement No. 393, July, 2024
The seven hundred fifty total hours of supervised instruction
				  required under this article must include at least two hundred fifty hours of
				  practical instruction, consisting of practical application and clinical
				  practice. "Hours of practical instruction" means actual hours of providing
				  massage to another person, or receiving massage from a fellow student, under
				  the direct supervision of a licensed massage therapist. In order to provide
				  direct supervision, the licensed massage therapist must have at least three
				  years of licensed, hands-on experience as a massage
				  therapist.
General Authority:
NDCC 28-32-02,
					 43-25-07
Law Implemented:
NDCC
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-03 - Practical Instruction › Section 49-02-03-02 - Direct supervision of students

Current through Supplement No. 393, July, 2024
As used in this chapter and in North Dakota Century Code
				  chapter 43-25, "direct supervision of a licensed massage therapist" has the
				  following meaning:
1. For a student
				receiving practical instruction in the classroom setting, the supervising
				massage therapist must be in the same room as the student at all times during
				the massage. A massage therapist may supervise up to eight massages at a time
				(sixteen students) under this subsection.
2. For a student receiving practical
				instruction through field experience, internship, externship, or a student
				clinic, the supervising massage therapist must be present on the premises at
				all times during the massage, which means the instructor is readily accessible
				to the students at all times. A massage therapist may supervise up to eight
				massages at a time, sixteen students, under this subsection.
3. Notwithstanding any other provision in
				this section, a supervising massage therapist must exercise an appropriate
				degree of supervision at all times. Failure to do so is grounds for
				disciplinary action by the board.
4. Any student practicing outside of the
				student's school under a field experience, internship, or externship in North
				Dakota must be supervised by a licensed massage therapist with a minimum of
				three years of experience. Before applying massage techniques to a member of
				the public, under a field experience, internship, or externship, a student must
				have completed, or received prior education credit for, at least two hundred
				twenty-five hours of classroom instruction and at least one hundred fifty hours
				of practical instruction in the classroom setting. A facility that contracts
				with a school to provide field experience, internship, or externship
				experiences for students may continue to charge the facility's usual fees for
				the services the student performs. Students may not be paid for providing these
				services. Students may accept tips only, directly from the client.
5. A student attending a North Dakota massage
				therapy school shall have at least one hundred fifty hours of instruction
				before beginning to practice on the public. A student may accept tips only,
				directly from the client. A student is not allowed any other remuneration for
				providing massage services.
General Authority:
NDCC 28-32-02,
					 43-25-07
Law Implemented:
NDCC 43-25-04,
					 43-25-07
North Dakota Administrative Code › Title 49 - Massage Therapy, Board of › Article 49-02 - Educational Requirements for Licensure › Chapter 49-02-03 - Practical Instruction › Section 49-02-03-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02,
					 43-25-07
Law Implemented: NDCC
					 43-25-07
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-01 - General Administration › Chapter 50-01-01 - Organization of Board › Section 50-01-01-01 - Organization of North Dakota board of medicine

Current through Supplement No. 393, July, 2024
1.
History and function
. The 1890 legislative assembly passed a
				medical practice act, codified as North Dakota Century Code chapter 43-17. This
				chapter requires the governor to appoint a state board of medicine. It is the
				responsibility of the board to protect the health, safety, and welfare of the
				public by licensing qualified and competent individuals.
2.
Executive director
. The
				executive director of the board is appointed by the board and is responsible
				for administration of the board's activities.
3.
Inquiries
. Inquiries
				regarding the board may be addressed to the executive director:
Executive Director
North Dakota Board of Medicine
4204 Boulder Ridge Road, Suite 260
Bismarck, 58503-6392
General Authority:
NDCC 43-17-07.1
Law Implemented:
NDCC 43-17-06,
					 43-17-07.1
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-01 - General Administration › Chapter 50-01-03 - Record Retention › Section 50-01-03-01 - Record retention

Current through Supplement No. 393, July, 2024
1. A licensee shall
				retain all medical records unless otherwise appropriately transferred to
				another licensee or entity, for at least seven years from the last date of
				service for each patient, except as otherwise required by law.
2. Beginning January 1, 2024, a licensee
				shall appoint another North Dakota licensee or other representative or entity,
				to ensure that all requirements of this section are met in the event of the
				licensee's death or incapacitation. Upon request by the board, the licensee
				shall show proof of appointment of a representative.
3. Upon a licensee's death or retirement, the
				sale of a medical practice, or a licensee's departure from the licensee's
				medical practice:
a. The licensee or the
				licensee's representative shall ensure all medical records are transferred to
				another licensee or entity that is held to the same standards of
				confidentiality and agrees to act as custodian of the records.
b. The licensee or the licensee's
				representative shall notify all active patients that the patient's records will
				be transferred to another licensee or entity that will retain custody of the
				patient's records and that, at the patient's written request, the records will
				be sent to the patient, licensee, or entity of the patient's choice.
c. The licensee or the licensee's
				representative shall notify the board of the location and contact information
				of the custodian of the records which may be provided to a patient requesting
				such information.
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-01 - Provisional Temporary License › Section 50-02-01-01 - License for interval between board meetings

Current through Supplement No. 393, July, 2024
An officer of the board and the board's executive director or
				  deputy executive director may issue a locum tenens license or a provisional
				  temporary license to an applicant who is seeking a permanent North Dakota
				  medical license if in their judgment the applicant meets all of the
				  requirements for licensure. A provisional temporary license is valid from the
				  date of issue until the time of the next regularly scheduled meeting of the
				  board.
General Authority:
NDCC 43-17-07.1(10)
Law Implemented:
NDCC
					 43-17-18(5)
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-01 - Provisional Temporary License › Section 50-02-01-02 - License for locum tenens

Current through Supplement No. 393, July, 2024
A license for "locum tenens" may be issued for a specific
				  practice location or health care facility and for a period not to exceed three
				  months.
General Authority:
NDCC 43-17-07.1(10)
Law Implemented:
NDCC
					 43-17-07.1(8)
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-02 - Special License › Section 50-02-02-01 - Exceptions to technical requirements on licensure

Current through Supplement No. 393, July, 2024
A license issued under this section is, for all purposes, the
				  same as a regular medical license issued by the board.
1. The board shall issue a license to an
				applicant who holds a current valid letter of qualification issued through the
				interstate medical licensing compact. The issuance of a license does not
				preclude the board's ability to require additional information from the
				applicant. An applicant who fails to complete the addendum questions within
				thirty days must be assessed a fee of five hundred dollars and may be subject
				to disciplinary action.
2. The
				board may issue a medical license to an applicant who does not meet all
				technical eligibility requirements if the board determines the applicant is
				uniquely qualified through training or experience or will make a unique or
				special contribution to the practice of medicine not readily available to the
				citizens of the state. In applying this rule, the board shall make written
				findings supporting the issuance of a special license. In addition to the
				potential benefit to the state, the board shall include in its analysis
				consideration of the following:
a. Board
				certification;
b. Nature and length
				of medical practice;
c. Nature and
				length of postgraduate training or research;
d. Licenses issued by other states;
e. The existence of disciplinary actions by
				other medical boards or adverse actions by medical facilities;
f. History of malpractice judgments or
				settlements;
g. Licensing
				examinations, such as the United States medical licensing examination (USMLE)
				or special purpose examination (SPEX); and
h. Such other considerations that bear upon
				an applicant's eligibility.
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-02.1 - Administrative License › Section 50-02-02.1-01 - Administrative license

Current through Supplement No. 393, July, 2024
The board may issue a license that is limited to
				  administrative medicine, which is defined as administration or management using
				  the medical knowledge, skill, and judgment of a licensed physician that may
				  affect the health of any member of the public.
An administrative medical license does not permit the
				  licensee to practice clinical medicine which, for purposes of this rule,
				  includes the provision of any patient diagnosis or treatment, the prescribing
				  of any drug, or the delegation of medical authority to, or the supervision of,
				  any health professional. The board shall require an applicant for an
				  administrative medical license to sign an acknowledgment of these limitations
				  prior to the issuance of an administrative medical license.
An applicant for an administrative medical license must meet
				  all the eligibility requirements for a regular medical license, except that the
				  applicant will not be required to demonstrate the maintenance of an active
				  clinical practice prior to applying for an administrative medical
				  license.
The holder of an administrative medical license is subject to
				  the same rules and regulations as those holding a regular medical license,
				  including the regulations governing license renewal, fees, continuing medical
				  education, and discipline.
General Authority:
NDCC 43-17-07.1(10)
Law Implemented:
NDCC
					 43-17-07.1(8)
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-03 - Examinations › Section 50-02-03-01 - Medical licensure examination

Current through Supplement No. 393, July, 2024
Those applicants for licensure who have obtained a passing
				  score on the FLEX (federation licensing examination), the NBME (national board
				  of medical examiners) examination, the USMLE (United States medical licensing
				  examination), the LMCC (licentiate of the medical council of Canada)
				  examination, the NBOME (national board of osteopathic medical examiners)
				  examination, or the COMLEX (comprehensive osteopathic medical licensing
				  examination) shall be deemed to have met the medical licensure examination
				  requirement specified in subdivision a of subsection 1 of North Dakota Century
				  Code section 43-17-18.
General Authority:
NDCC 43-17-07.1(1)
Law Implemented:
NDCC
					 43-17-18
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-05 - Graduates of Foreign Medical Schools › Section 50-02-05-01 - Standard certificate from educational commission required

Current through Supplement No. 393, July, 2024
All applicants for licensure who are graduates of foreign
				  medical schools, except the medical schools of Canada, the United Kingdom,
				  Australia, and New Zealand, are required to present a valid certification
				  status from the educational commission for foreign medical graduates. This
				  requirement shall not apply to applicants who were first licensed to practice
				  medicine in the United States prior to the availability of the educational
				  commission for foreign medical graduates examination.
General Authority:
NDCC 43-17-18
Law Implemented:
NDCC
					 43-17-18
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-05 - Graduates of Foreign Medical Schools › Section 50-02-05-03

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 43-17-18
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-05 - Graduates of Foreign Medical Schools › Section 50-02-05-04

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 43-17-18
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-05 - Graduates of Foreign Medical Schools › Section 50-02-05-07

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 43-17-18(4)
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-07.1 - Physician License Fees › Section 50-02-07.1-01 - License fees

Current through Supplement No. 393, July, 2024
The fee for licensure in North Dakota, whether it be by
				  qualification, compact, locum tenens, or special license, is two hundred
				  dollars per year. The fee to convert from a locum tenens license to permanent
				  licensure status is two hundred dollars.
General Authority:
NDCC 43-17-27.1
Law Implemented:
NDCC
					 43-17-25
North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-02 - Physician Licensure › Chapter 50-02-07.1 - Physician License Fees › Section 50-02-07.1-02 - Unlicensed practice fees

Current through Supplement No. 393, July, 2024
A physician seeking to renew a license who has failed to
				  complete the registration process within three years from the expiration date
				  must be assessed a fee equal to five hundred dollars, in addition to such other
				  penalties as are authorized by law, if that physician is found to have been
				  practicing medicine in this state after the physician's license expired.
General Authority:
NDCC 43-17-25,
					 43-17-26.1
Law Implemented:
NDCC
					 43-17-26.1