North Dakota Administrative Code › Title 50 - North Dakota Board of Medicine › Article 50-03 - Physician Assistants › Chapter 50-03-01 - Physician Assistants › Section 50-03-01-11 - Grounds for disciplinary action

Current through Supplement No. 393, July, 2024
The board may deny an application for licensure or may take
				  disciplinary action against a physician assistant upon any of the following
				  grounds:
1. Failing to demonstrate the
				qualifications for licensure under this act or the regulations of the
				board.
2. Soliciting or receiving
				any form of compensation from any person other than the physician assistant's
				employer or third-party payer for services performed as a physician
				assistant.
3. The use of any false,
				fraudulent, or forged statement or document or the use of any fraudulent,
				deceitful, dishonest, or immoral practice in connection with any of the
				licensing requirements.
4. The
				making of false or misleading statements about the physician assistant's skill
				or the efficacy of any medicine, treatment, or remedy.
5. The conviction of any misdemeanor,
				determined by the board to have a direct bearing upon a person's ability to
				serve the public as a physician assistant, or any felony. A license may not be
				withheld contrary to the provisions of North Dakota Century Code chapter
				12.1-33.
6. Use of alcohol or drugs
				to such a degree as to interfere with the licensee's ability to safely practice
				medicine.
7. Physical or mental
				disability materially affecting the ability to perform the duties of a
				physician assistant in a competent manner.
8. Aiding or abetting the practice of
				medicine by a person not licensed by the board or by an incompetent or impaired
				person.
9. Gross negligence in the
				performance of the person's duties as a physician assistant.
10. Manifest incapacity or incompetence to
				perform as a physician assistant.
11. The willful or negligent violation of the
				confidentiality between physician assistant and patient, except as required by
				law.
12. The performance of any
				dishonorable, unethical, or unprofessional conduct.
13. Obtaining any fee by fraud, deceit, or
				misrepresentation.
14. The
				violation of any provision of a physician assistant practice act or the rules
				and regulations of the board, or any action, stipulation, condition, or
				agreement imposed by the board or its investigative panels.
15. Representing himself or herself to be a
				physician.
16. The advertising of
				the person's services as a physician assistant in an untrue or deceptive
				manner.
17. Sexual abuse,
				misconduct, or exploitation related to the licensee's performance of the
				licensee's duties as a physician assistant.
18. The prescription, sale, administration,
				distribution, or gift of any drug legally classified as a controlled substance
				or as an addictive or dangerous drug for other than medically accepted
				therapeutic purposes.
19. The
				failure to comply with the reporting requirements of North Dakota Century Code
				section 43-17.1-05.1.
20. A
				continued pattern of inappropriate care as a physician assistant.
21. The use of any false, fraudulent, or
				deceptive statement in any document connected with the performance of the
				person's duties as a physician assistant.
22. The prescribing, selling, administering,
				distributing, or giving to oneself or to one's spouse or child any drug legally
				classified as a controlled substance or recognized as an addictive or dangerous
				drug.
23. The violation of any
				state or federal statute or regulation relating to controlled
				substances.
24. The imposition by
				another state or jurisdiction of disciplinary action against a license or other
				authorization to perform duties as a physician assistant based upon acts or
				conduct by the physician assistant that would constitute grounds for
				disciplinary action as set forth in this section. A certified copy of the
				record of the action taken by the other state or jurisdiction is conclusive
				evidence of that action.
25. The
				lack of appropriate documentation in medical records for diagnosis, testing,
				and treatment of patients.
26. The
				failure to furnish the board or the investigative panel, their investigators or
				representatives, information legally requested by the board or the
				investigative panel.
27.
				Noncompliance with the physician health program established under North Dakota
				Century Code chapter 43-17.3.
General Authority:
NDCC 43-17-02.1
Law Implemented:
NDCC
					 43-17-02.1