reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-16 - Formula to determine changes in the class I wholesale and retail prices

Current through Supplement No. 393, July, 2024
Based upon the class I formula as ordered in section 51-03-04-06, for each
				  hundredweight price change to dairy farmers for raw milk or an increase or
				  decrease of $.001 in the federal market order no. 30 butterfat differential
				  based on $.053, the following factors will be used in determining adjustments
				  in the class I wholesale and retail prices. If the first of the month falls on
				  a Monday, Tuesday, or Wednesday, minimum wholesale and retail prices go in
				  effect that Monday. If the first of the month falls on a Thursday, Friday,
				  Saturday, or Sunday, minimum wholesale and retail prices go in effect the
				  following Monday.
Item
Hundredweight Factor
B.F. Factor
Whole milk 1/2 gallon
$.0098900
$(.0001075)
2% milk
.0099130
(.0006465)
1% milk
.0099130
(.0010775)
Skim milk
.0099245
(.0012945)
Buttermilk
.0099245
(.0012945)
Whole chocolate
.0094645
(.0001029)
2% chocolate
.0094875
(.0006188)
1% chocolate
.0094875
(.0010313)
Skim chocolate
.0094990
(.0012390)
All price adjustments at the retail level should be made to
				  the nearest one cent per unit: wholesale to the nearest $.001 per unit.
				  Wholesale and retail price increases or decreases shall be adjusted for volume
				  discounts. The foregoing class I formula price changes shall be automatically
				  adjusted without further amendment to this stabilization plan.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-17 - Formula to determine changes in the class II wholesale and retail prices

Current through Supplement No. 393, July, 2024
For each federal market order no. 30 class II price increase
				  or decrease of fifteen cents per hundredweight above, or price increase or
				  decrease of twenty-three cents per hundredweight below the twelve dollars and
				  seventeen cents base class II hundredweight price, or an increase or decrease
				  of $.001 in the federal market order no. 30 butterfat differential based on
				  $.162, the following factors will be used in determining adjustments in the
				  class II wholesale and retail prices:
Item
Hundredweight Factor
B.F. Factor
Half half - pint
$.0016
$.0008
Whipping cream - 1/2 pint
.0016
.0015
Sour cream - 8 ounce
.0008
.0008
Cottage cheese - 1 pound
.0140
(.0012)
Yogurt - 8 ounce
.0008
.0008
All price adjustments at the wholesale and retail levels
				  should be made to the nearest one cent per unit.
Item
Hundredweight Factor
B.F. Factor
1 gallon shake mix
$.0110
$.0004
1 gallon soft serve mix
.0110
.0021
All price adjustments at the wholesale and retail levels
				  should be made at four cents per gallon increments.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-18 - Emergency

Current through Supplement No. 393, July, 2024
This marketing plan is declared to be an emergency pursuant
				  to North Dakota Century Code section
				   28-32-02. The reason for said
				  emergency is to permit the orderly marketing of milk and milk products.
General Authority: NDCC 4-18.1-03, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 51 - Milk Marketing Board › Article 51-03 - Market Areas and Stabilization Plans › Chapter 51-03-04 - Stabilization Plans for Market Areas 3, 4, and 6 › Section 51-03-04-19 - Effective date

Current through Supplement No. 393, July, 2024
These rules are effective at 12:01 a.m., July 1, 2000, and
				  all prior stabilization plans for market areas 3, 4, and 6 are hereby repealed.
General Authority: NDCC 4-18.1-03, 4-18.1-06, 4-18.1-07, 4-18.1-20, 28-32-03.1(3)
Law Implemented: NDCC 4-18.1-07
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-01 - General Administration › Chapter 54-01-01 - Organization of Board › Section 54-01-01-01 - Organization of board of nursing

Current through Supplement No. 393, July, 2024
1.
History and functions.
The 1915 legislative assembly passed a law
				governing the registration of nurses and created a board of nursing, codified
				as North Dakota Century Code chapter
				43-12. The 1947 legislative
				assembly passed a law governing practical nurses, codified as North Dakota
				Century Code chapter
				43-21. The 1977 legislative
				assembly passed a Nurse Practices Act which combined the two laws, codified as
				North Dakota Century Code chapter 43-12.1. The 1995 legislative assembly
				amended the law to define nursing and the requirements for the practice of
				nursing, and to require the governor to appoint a board of nursing to implement
				the law.
2.
Board membership.
The board consists of nine members appointed by the governor. Five
				members are registered nurses, one member is an advanced practice registered
				nurse, two members are licensed practical nurses, and one member is a public
				member. Members of the board serve four-year terms with the public member's
				appointment coinciding with that of the governor. No member may be appointed
				for more than two consecutive terms.
3.
Executive director.
The
				executive director is employed by the board and is responsible for the
				administration of the board's office and activities.
4.
Inquiries.
Inquiries
				concerning the board and nursing practice in North Dakota may be addressed to:
North Dakota Board of Nursing
919 S. 7th St., Suite 504
Bismarck, North Dakota 58504-5881
www.ndbon.org
General Authority:
NDCC 28-32-02.1
Law Implemented:
NDCC 28-32-02.1,
					 43-12.1
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-01 - Offcial licensing examination

Current through Supplement No. 393, July, 2024
Each year the board of nursing shall contract to use the
				  following examinations as the official North Dakota licensing examinations for
				  nurses:
National council licensure examination for registered
				  nurses.
National council licensure examination for practical
				  nurses.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-09(2)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-04.1 - Board authorization to write examination

Current through Supplement No. 393, July, 2024
Candidates must complete application to the board for
				  licensure by examination. Eligibility for testing will be submitted to the test
				  center by the board when notification is received that all academic
				  requirements have been met. In addition, the applicant¡¦s
				  registration withthe testing vendor has been reported to the board
				  office.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-09(2)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-05 - Examination results

Current through Supplement No. 393, July, 2024
Examination results will be reported to individual candidates
				  and recorded in the candidate¡¦s permanent record in the board
				  office. The examination results for the successful candidate will include the
				  number of the permanent license that shall be issued to the candidate.
General Authority:
NDCC
					 43-12.1-08(1)
Law Implemented:
NDCC
					 43-12.1-09(2)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-06 - Examination fees

Current through Supplement No. 393, July, 2024
The board shall set the fee for licensure by examination. The
				  fee for licensure by examination shall be one hundred twenty-five dollars. The
				  application is valid for a period of time not to exceed twelve months from the
				  determination of eligibility and the fee is nonrefundable. The candidate shall
				  be responsible for any payment of fees charged by the national council of state
				  boards of nursing for use of the national council licensure examination.
General Authority:
NDCC 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-08(2)(d)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-07 - Transcript

Current through Supplement No. 393, July, 2024
1. A graduate from
				another state or territory or an English-speaking Canadian nursing education
				program must provide an official completed transcript. The transcript must be
				sent directly from the nursing education program to the board office, as proof
				of satisfactory completion of the appropriate nursing education
				program.
2. A board-approved
				credentials evaluation service shall evaluate an internationally educated
				applicant's official nursing education program transcript.
a. The transcript must be sent directly from
				the nursing program to the credentials evaluation service.
b. The evaluation must be translated to
				English and the nursing education program's approval in the home country must
				be verified and must include a course-by-course evaluation to assure the
				nursing education program meets those requirements outlined in
				article
				54-03.2.
c. The nursing education program must include
				a clinical education equivalent in amount and time to board-approved
				programs.
d. The approved
				credentials evaluation service shall complete and send directly to the board
				the full credentials evaluation and official transcript that was
				evaluated.
e. The credentials
				evaluation must state specifically the language of instruction was English with
				English textbooks. If the nursing education program was not taught in English,
				evidence of the applicant's English language proficiency must be provided to
				the board.
f. This subsection does
				not apply to graduates of Canadian English-speaking nursing education
				programs.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-09

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-09(2)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-10 - Employment of unsuccessful candidates

Current through Supplement No. 393, July, 2024
A candidate who fails the licensing examination may not be
				  employed in a position with functions that are usually assigned to licensed
				  nurses.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-03
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-13 - Authorization to practice nursing

Current through Supplement No. 393, July, 2024
Authorization to practice nursing between the dates of
				  program completion and notification of results of the licensing examination
				  will be issued to individuals accepted as candidates for the first licensing
				  examination after program completion for which the candidate is eligible.
				  Eligibility will be determined by the following criteria:
1. The applicant has submitted a completed
				application, the appropriate fee, and official transcript verifying program
				completion to the board office.
2.
				The applicant¡¦s registration with the testing vendor has been
				confirmed.
a. The applicant may use the
				appropriate title of graduate nurse or graduate practical nurse or the
				appropriate abbreviation of "G.N." or "G.P.N.".
b. The applicant must practice under the
				supervision of a registered nurse while the authorization to practice is valid.
				The work authorization to practice will expire in ninety days or upon
				notification of the testing results, whichever occurs first. The work
				authorization is nonrenewable and available only to graduates who complete an
				application for licensure within sixty days of graduation.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-01 - Licensure by Examination › Section 54-02-01-14 - Recognition of programs from other jurisdictions

Current through Supplement No. 393, July, 2024
For the purpose of licensure by examination to practice as a
				  registered nurse or licensed practical nurse, the board will recognize programs
				  that are approved by another jurisdiction; and
1. Meet or exceed the education requirements
				set out in
				article
				54-03. 2 and have clinical
				education equivalent in amount and time to the board-approved programs; or
2. As otherwise approved by the
				board.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-09(2)
					 4
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-02 - Reexamination › Section 54-02-02-03 - Failure of licensing examination

Current through Supplement No. 393, July, 2024
Candidates who fail the licensing examination shall file a
				  request for eligibility to retest and shall be responsible for payment of any
				  fees charged by the national council of state boards of nursing for use of the
				  national council licensure examination. The candidate's request for eligibility
				  to retest will be accepted dependent upon a valid application to retest for
				  licensure by examination.
General Authority: NDCC
					 43-12.1-08
Law Implemented: NDCC
					 43-12.1-09(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-02 - Reexamination › Section 54-02-02-09 - Unlimited attempts to write the licensing examination

Current through Supplement No. 393, July, 2024
Candidates will have unlimited attempts to pass the licensing
				  examination.
General Authority: NDCC
					 43-12.1-08
Law Implemented: NDCC
					 43-12.1-08(5),
					 43-12.1-09(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-02 - Renewal dates

Current through Supplement No. 393, July, 2024
Nursing licenses will be valid for two calendar years and
				  will be subject to renewal before December thirty-first of the second year.
				  Applicants for initial licensure by endorsement or examination shall receive a
				  license expiring on December thirty-first of the following licensure year as a
				  part of the application fee. Failure to receive the renewal notification does
				  not relieve the licensee of the obligation to renew the license by the
				  expiration date.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-10(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-03 - Renewal fees

Current through Supplement No. 393, July, 2024
The nonrefundable renewal fee for the registered nurse
				  license will be one hundred forty dollars. The nonrefundable renewal fee for
				  the practical nurse license will be one hundred thirty dollars.
General Authority:
NDCC
					 43-12.1-08(2)(d)(k)
Law Implemented:
NDCC
					 43-12.1-10(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-04

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 43-12.1-08(2)(d)
Law Implemented:
NDCC
					 43-12.1-08(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-05 - Nonpracticing nurses

Current through Supplement No. 393, July, 2024
Any nurse who has not actively practiced nursing in North
				  Dakota for four years or more must meet the following requirements before a
				  license to practice is issued:
1.
				Complete the reactivation application.
2. Submit the current reactivation
				fee.
3. Certify on the application
				one of the following:
a. Practice as a
				licensed registered nurse or licensed practical nurse which meets or exceeds
				four hundred hours within the preceding four years in another
				jurisdiction.
b. Completion of a
				refresher course in nursing, in accordance with board guidelines, within the
				preceding year.
c. Successful
				completion of a clinical nursing course in a board-recognized nursing program
				to further nursing education.
d.
				Other evidence the licensee wishes to submit which would provide proof of
				nursing competence.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-05.1 - Practice requirements for relicensure

Current through Supplement No. 393, July, 2024
Nursing practice for purposes of renewal must meet or exceed
				  four hundred hours within the preceding four years. Nursing is defined in
				  subsection 5 of North Dakota Century Code section
				  43-12.1-02. Hours practiced in
				  another regulated profession cannot be used for nursing practice
				  hours.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-08(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-05.2 - Limited license

Current through Supplement No. 393, July, 2024
The board may initiate the issuance of a limited license when
				  good cause exists to do so.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-08(f)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-06 - Reactivating a license

Current through Supplement No. 393, July, 2024
A nurse previously licensed in North Dakota who applies for
				  reactivation must meet board requirements and includes the following:
1. Complete the application and submit to a
				criminal history record check according to section 54-02-12-01;
2. Pay the nonrefundable renewal fee and
				fifty dollar reactivation fee; and
3. Meet the requirements in section
				54-02-05-05.1, practice requirements for license renewal, and section
				54-02-05-08, continuing education requirement for license renewal; or
4. Submit other evidence which would provide
				proof of nursing competence acceptable to the board.
General Authority:
NDCC 12-60-24(1)(o),
					 43-12.1-08
Law Implemented:
NDCC 43-12.1-09.1,
					 43-12.1-10(1)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-05 - Relicensure › Section 54-02-05-08 - Continuing education requirement for relicensure

Current through Supplement No. 393, July, 2024
1. Continuing education for purposes of
				relicensure must be approved or recognized by the board and must meet or exceed
				twelve contact hours within the preceding two years.
2. All information concerning continuing
				education submitted with a renewal application is subject to audit. Upon
				request of the board, the licensee shall submit verification of successful
				completion of the required continuing education.
3. A licensee who does not meet the
				continuing education requirements for renewal or fails to provide verification
				of completion of the required continuing education will be ineligible for
				renewal and may be subject to grounds for disciplinary action.
4. A licensee who earns in excess of the
				number of contact hours of continuing education required during a reporting
				period shall not apply the excess hours to satisfy future continuing education
				requirements.
5. Continuing
				education that is required by the board pursuant to a board order shall not be
				accepted by the board to satisfy or partially satisfy the continuing education
				requirements for license renewal.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-08(2)(n)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-06 - License by Endorsement › Section 54-02-06-01 - Application and fees

Current through Supplement No. 393, July, 2024
1. Applicants
				licensed as a nurse by examination in another jurisdiction may apply for
				license by endorsement and must meet board requirements, including submission
				of:
a. A completed application;
b. A criminal history record check according
				to chapter 54-02-12;
c. The nonrefundable endorsement fee of one
				hundred fifty dollars;
d. Evidence
				of completion of a nursing education program approved in a jurisdiction which
				meets or exceeds those requirements outlined in
				54-03.2; and
e. Evidence of nursing practice to
				demonstrate continued competency which meets or exceeds four hundred hours
				within the preceding four years or as otherwise approved by the
				board.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-06 - License by Endorsement › Section 54-02-06-01.1 - Temporary permit

Current through Supplement No. 393, July, 2024
Upon receipt of the application for license by endorsement,
				  payment of the fee as set by the board, and evidence that an applicant will
				  meet all the requirements for licensure in North Dakota, the board may issue a
				  temporary permit to practice as a registered nurse or licensed practical nurse
				  in this state until the license is issued. The temporary permit expires at the
				  end of ninety days and may be extended only for reasons satisfactory to the
				  board.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-09
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-06 - License by Endorsement › Section 54-02-06-02 - Fee nonrefundable

Current through Supplement No. 393, July, 2024
The endorsement fee is nonrefundable.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-10
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-06 - License by Endorsement › Section 54-02-06-03.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-51-11.1
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-06 - License by Endorsement › Section 54-02-06-03.2

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-51-11.1
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-03.1 - Reporting violations

Current through Supplement No. 393, July, 2024
Protection of the public is enhanced by reporting of
				  incidents that may be violations of North Dakota statutes or grounds for
				  discipline by the board. Licensees, registrants, applicants, or citizens should
				  use the following process to report any knowledge of acts or omissions of any
				  individual that violate North Dakota Century Code chapter 43-12.1 or these
				  rules:
1.
Minor incident.
If the act or omission meets the criteria for management of a minor
				incident, the applicant, licensee, or registrant should be aware of and follow
				the established policy within the practice setting for minor incidents. The
				established policy in the licensee's or registrant's practice setting should
				detect patterns of unsafe behavior that may be considered minor incidents and
				take corrective action resulting in safe practice.
a. A minor incident may be handled in the
				practice setting with a corrective action process if all the following factors
				exist:
(1) Potential risk of harm to others is
				low;
(2) There is no pattern of
				recurrence;
(3) The licensee or
				registrant exhibits evidence of remediation and adherence to standards of
				nursing practice; and
(4) The
				corrective action process results in the licensee or registrant possessing the
				knowledge, skills, and abilities to practice nursing safely.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-04 - Investigation

Current through Supplement No. 393, July, 2024
Complaints, requests for investigation, and reports of acts
				  or omissions that are in violation of North Dakota Century Code chapter 43-12.1
				  or are grounds for disciplinary action will be investigated by the board or by
				  its direction in order to determine whether sufficient grounds exist to file a
				  complaint according to North Dakota Century Code chapter 28-32. The board or
				  its investigative panel may subpoena witnesses, records, and any other evidence
				  relating to the investigation. Any medical record of an individual, or any
				  other document containing personal health information which is obtained by the
				  board, is an exempt record as defined in North Dakota Century Code section
				  44-04-17.1.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-13
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-04.1 - Evidence and evaluation of treatment

Current through Supplement No. 393, July, 2024
The board may require the individual subject to an
				  investigation to submit to a mental health, chemical dependency, or physical
				  evaluation if, during the course of the investigation, there is reasonable
				  cause to believe that any licensee, registrant, or applicant is unable to
				  practice with reasonable skill and safety or has abused alcohol or drugs. The
				  board may require a copy of the evaluation to be submitted from the evaluating
				  professional directly to the board.
1.
				Upon failure of the person to submit to the evaluation within thirty days of
				the request, the board may suspend the individual's license or registration or
				deny or suspend consideration of any pending application until the person
				submits to the required evaluation.
2. The licensee, registrant, or applicant
				shall bear the cost of any mental health, chemical dependency, or physical
				evaluation and treatment required by the board.
3. The board may suspend or revoke an
				individual's license or registration if it is determined that the individual is
				unsafe to practice. The suspension or revocation will remain in effect until
				the individual demonstrates to the satisfaction of the board the ability to
				safely return to the practice of nursing or assist in the practice of
				nursing.
4. The board may deny the
				individual's application for licensure or registration if it is determined that
				the individual is unsafe to practice. The denial will remain in effect until
				the individual demonstrates to the satisfaction of the board the ability to
				safely practice nursing or assist in the practice of nursing.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-05.1 - Disposition

Current through Supplement No. 393, July, 2024
Requests for investigation may result in:
1. Informal resolution and disposition by the
				board;
2. Formal resolution and
				disposition by the board. The board may use an administrative law judge to
				preside over the entire administrative proceeding and prepare recommended
				findings of fact, conclusions of law, and recommended order for board
				consideration, or the board may use a procedural hearing officer for the
				conduct of the hearing at which a majority of board members must be present at
				the hearing;
3. Dismissal. If the
				board's investigative panel determines that the alleged violation is frivolous,
				would not constitute grounds for disciplinary action, is outside the
				jurisdiction of the board, or is otherwise inappropriate for board action, the
				complainant and the affected licensee or registrant shall be notified in
				writing that the board will not pursue the matter, stating the grounds for the
				decision;
4. Referral to another
				agency; or
5. Other action as
				directed by the board.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-05.2 - Emergency suspension

Current through Supplement No. 393, July, 2024
The executive director or the executive director's authorized
				  designee may issue, upon authorization from the board's investigative panel, an
				  emergency suspension of a license, registration, permit, or privilege to
				  practice when continued practice of a licensee, registrant, applicant, or any
				  individual with authority to practice nursing under any privilege would
				  constitute a continuing and imminent threat to the public welfare.
1. The order of emergency suspension shall
				take effect upon written notice to the licensee, registrant, applicant, or any
				other individual with authority to practice nursing under any privilege and
				shall remain in effect until either retracted, modified, or superseded by final
				disciplinary action by the board or upon agreement between the board and the
				licensee, registrant, applicant, or individual. If a hearing is not requested
				by the licensee, registrant, applicant, or individual within twenty days of the
				notice, the emergency suspension shall become effective as a final order, for a
				suspension period of five years, without further notice.
2. In cases when disciplinary action is
				imposed, the board may additionally order that the emergency suspension
				continue in effect until the later of expiration of the time permitted for
				appeal or termination of the appellate process.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-05.3 - Surrender of license or registration

Current through Supplement No. 393, July, 2024
The board may accept the return and surrender of a license or
				  registration without formal charges, notice, or opportunity of hearing if the
				  licensee or registrant surrenders the license or registration to the board and
				  executes a statement that the individual does not desire to be licensed or
				  registered.
An individual who is under investigation for violation of
				  North Dakota Century Code chapter 43-12.1 may surrender a license or
				  registration to the board. Any license or registration surrender shall be
				  deemed to be an admission of the alleged facts of any pending investigation or
				  disciplinary matter.
1. A surrender
				deactivates the license or registration at the time of its
				relinquishment.
2. The surrender of
				a license or registration is disciplinary action and shall be reported and
				processed in the same manner as final disciplinary actions of the
				board.
3. Surrender of a license or
				registration shall not preclude the board from investigating or completing a
				disciplinary proceeding.
4.
				Individuals who surrender their licenses or registrations are not eligible to
				seek reinstatement of their license or registration for a minimum of two years
				and shall comply with the requirements for reinstatement of license or
				registration.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-05.4 - Cease and desist order

Current through Supplement No. 393, July, 2024
When it appears by credible evidence that a cease and desist
				  order may be necessary, the executive director of the board or the executive
				  director's authorized designee may issue an order directing a licensee,
				  registrant, applicant, or any other individual with authority to practice
				  nursing under any privilege to cease and desist certain
				  actions.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-06 - Board decision

Current through Supplement No. 393, July, 2024
The final decision will be adopted by a simple majority of
				  the board and will include findings of fact, conclusions of law, and order. The
				  decision of the board to impose or modify any restrictions upon the licensee or
				  registrant or the licensee's or registrant's practice or to reinstate a license
				  or registration will be communicated to the licensee or registrant in the form
				  of a board order. In addition to the terms and conditions imposed by the board,
				  the following may apply:
1.
Revocation.
If the board issues a revocation order, it may also
				indicate in the order the specific action necessary for the reinstatement for
				licensure or registration by the individual. The national nursing licensing
				examination may be waived by the board as a condition for the reinstatement of
				a previously revoked license. The initial licensure or registration fee will be
				assessed for the reinstatement of a revoked license or registration.
2.
Suspension.
If the board
				issues a suspension order, it may also indicate the specific action necessary
				for the reinstatement of the license or registration. An individual whose
				license or registration is suspended may request reinstatement by the board at
				any regularly scheduled meeting following the conclusion of the time period
				specified in the order. The current renewal fee will be required for
				reinstatement of a suspended license or registration.
3.
Encumbrance.
If the board
				issues an encumbrance order, the license shall be designated in the board's
				records as "encumbered" or as the board may otherwise require. If a licensee or
				registrant has more than one license and registration, the encumbrance applies
				to all licenses and registrations.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 28-32-13,
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-07 - Fees

Current through Supplement No. 393, July, 2024
1. Costs and disbursements, including witness
				fees and reimbursement of the board's expenses in any administrative hearing or
				other proceeding, may be recovered from the licensee, applicant, or registrant
				following any disciplinary action.
2. Penalty fees for each separate violation
				as established by the board may be imposed against the licensee, applicant, or
				registrant following any disciplinary action.
3. Administrative fees may be imposed by the
				board against the licensee, applicant, or registrant following the issuance of
				nondisciplinary action.
4. If a
				witness is subpoenaed by the board to appear at the request of the licensee or
				registrant, the licensee or registrant is to deposit with the board sufficient
				funds to cover expenses for mileage, food, lodging, and witness fees as allowed
				by state reimbursement policies.
5.
				In the case of any request by the licensee, applicant, or registrant for the
				subpoena by the board of an expert witness, sufficient funds will also be
				deposited with the board, prior to the issuance of such subpoena, to cover such
				expert witness fees. The deposit with the board of funds for witness fees and
				expenses must be made prior to the issuance of the subpoena. The request for
				the subpoena by the board of a witness for the licensee, applicant, or
				registrant must be made in writing.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 28-32-26,
					 43-12.1-13
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-08 - Application for reinstatement

Current through Supplement No. 393, July, 2024
Any person whose license, privilege, or registration has been
				  suspended, surrendered, or revoked by the board shall submit a written
				  application for reinstatement in the manner and form required by the board at
				  the conclusion of the time period specified in the order. The burden of proof
				  is on the licensee or registrant to prove to the satisfaction of the board that
				  the condition that led to a sanction no longer exists or no longer has a
				  material bearing on the licensee's professional ability or registrant's
				  ability, or both. The board will consider the written application for
				  reinstatement at the next regularly scheduled board meeting. If the board votes
				  for reinstatement, the board may impose reasonable terms and conditions to be
				  imposed prior to reinstatement, or as a condition of reinstatement. If the
				  board denies reinstatement, reasons for denial must be communicated to the
				  applicant.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-09 - Practice without a license or registration

Current through Supplement No. 393, July, 2024
1. During the first month of unauthorized
				practice, an individual seeking to initiate licensure or registration or to
				renew a license or registration who has failed to complete the registration
				process within the required time period and has been found to have been
				practicing nursing or assisting in the practice of nursing without a current
				license or registration shall be required to:
a. Submit double the licensure or
				registration fee;
b. Submit an
				administrative fee; and
c. Complete
				all other licensure or registration requirements as established by the
				board.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-07 - Disciplinary Action › Section 54-02-07-11 - Applicant statement

Current through Supplement No. 393, July, 2024
If an applicant for initial or renewal of licensure or
				  registry status has been arrested, charged, or convicted of a felony offense,
				  the applicant must provide the necessary information to determine the bearing
				  upon that person's ability to serve as a licensed nurse or an unlicensed
				  assistive person. Upon receipt of evidence of sufficient rehabilitation as
				  outlined in North Dakota Century Code section 12.1-33-02.1, the license or
				  registration may be issued. If the information does not substantiate the
				  rehabilitation, the applicant may ask for a hearing pursuant to North Dakota
				  Century Code chapter 28-32.
General Authority:
NDCC
					 43-12.1-08
Law Implemented:
NDCC
					 43-12.1-14
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-09 - Limited License › Section 54-02-09-01 - Statement of intent

Current through Supplement No. 393, July, 2024
It is the policy of the board to permit individuals who are
				  unable to practice safely within the full scope of nursing, but who can
				  practice safely within a modified scope, or practice safely with
				  accommodations, or both, to be granted a limited license.
General Authority: NDCC
					 43-12.1-08
Law Implemented: NDCC
					 43-12.1-08(2)(f)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-09 - Limited License › Section 54-02-09-03 - Identification of need

Current through Supplement No. 393, July, 2024
The board may be informed of the potential need for limited
				  licensure by the written submission to the board of any of the following:
1. A request from an individual for
				limited licensure;
2. Information
				provided by an approved nursing education program that a student requires
				accommodation to accomplish educational objectives;
3. Information provided by an endorsing state
				as part of nursing license verification process;
4. Information provided by an individual on
				application for licensure by examination, licensure by endorsement, or
				licensure renewal;
5. An employer
				referral; or
6. Referral from
				others including family members, peers, clients, and health care providers.
General Authority: NDCC
					 43-12.1-08
Law Implemented: NDCC
					 43-12.1-08(2)(f)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-09 - Limited License › Section 54-02-09-04 - Procedure for granting

Current through Supplement No. 393, July, 2024
1. The board
				may issue a limited license for the practice of nursing. The board may initiate
				the issuance of a limited license when good cause exists to do so. The board
				may also consider an application to issue a limited license, under the
				procedure set out in this chapter.
2. Following the receipt by the board of the
				information required in section
				54-02-09-03, the board will review
				the information regarding the potential need for an individual to be granted a
				limited license including:
a. Evidence of the
				need for accommodation and its effect upon the individual's ability to practice
				nursing; and
b. A written plan for
				providing notice to employers of the required modifications to the licensee's
				scope of practice or the recommended accommodations, or both.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-09 - Limited License › Section 54-02-09-05 - Reconsideration

Current through Supplement No. 393, July, 2024
A nurse granted a limited license may apply to the board for
				  reconsideration if the licensee's circumstances change.
General Authority: NDCC
					 43-12.1-08
Law Implemented: NDCC
					 43-12.1-08(2)(f)
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-10 - RN and LPN Nurse Licensure Compact › Section 54-02-10-01 - Findings and declaration of purpose

Current through Supplement No. 393, July, 2024
1.
				The party states find that:
a. The health and
				safety of the public are affected by the degree of compliance with and the
				effectiveness of enforcement activities related to state nurse licensure laws;
b. Violations of nurse licensure
				and other laws regulating the practice of nursing may result in injury or harm
				to the public;
c. The expanded
				mobility of nurses and the use of advanced communication technologies as part
				of our nation's healthcare delivery system require greater coordination and
				cooperation among states in the areas of nurse licensure and regulation;
d. New practice modalities and
				technology make compliance with individual state nurse licensure laws difficult
				and complex; and
e. The current
				system of duplicative licensure for nurses practicing in multiple states is
				cumbersome and redundant to both nurses and states.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-10 - RN and LPN Nurse Licensure Compact › Section 54-02-10-02.1 - Issuance of a license by a compact party state

Current through Supplement No. 393, July, 2024
For purposes of this compact as of July 1, 2005, an applicant
				  for initial licensure will not be issued a compact license granting a
				  multistate privilege to practice unless the applicant first obtains a passing
				  score on the applicable NCLEX® examination or predecessor examination used
				  for licensure.
1. A nurse applying for
				a license in a home party state shall produce evidence of the nurse's primary
				state of residence. Such evidence shall include a declaration signed by the
				licensee. Further evidence that may be requested may include:
a. Driver's license with a home
				address;
b. Federal income tax
				return declaring the primary state of residence;
c. Military form number 2058 - state of legal
				residence certificate; or
d. W2
				form from United States government or any bureau, division, or agency thereof
				indicating the declared state of residence.
North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-02 - Nurse Licensure › Chapter 54-02-10 - RN and LPN Nurse Licensure Compact › Section 54-02-10-02.2 - Limitations on multistate licensure privilege - Discipline

Current through Supplement No. 393, July, 2024
A home state board shall include in all licensure
				  disciplinary orders or agreements that limit practice or require monitoring the
				  requirement that the licensee subject to said order or agreement will agree to
				  limit the licensee's practice to the home state during the pendency of the
				  disciplinary order or agreement. This requirement may, in the alternative,
				  allow the nurse to practice in other party states with prior written
				  authorization from the boards of both the home state and the other party state.
1. An individual who had a license
				which was surrendered, revoked, or suspended, or had an application inspection
				denied for cause, in a prior state of primary residence, may be issued a single
				state license in a new primary state of residence until such time as the
				individual would be eligible for an unrestricted license by the prior state or
				states of adverse action.
2. Once
				eligible for licensure in the prior states, a multistate license may be issued.
General Authority: NDCC
					 43-12.1-08
Law Implemented: NDCC
					 43-51