North Dakota Administrative Code

1. Organization and administration. a. History. Chapter 667 of the 1989 Session Laws created the state retirement and investment office with the law expiring on June 30, 1991. Chapter 628 of the 1991 Session Laws extended the expiration date until June 30, 1993. In 1993, the legi…

1. History. The 1969 legislative assembly passed legislation establishing the state board of hearing aid dealers and fitters, codified as North Dakota Century Code chapter 43-33. The 1991 legislative assembly changed the name of the board to the state board of hearing instrument …

1. "Adequate and proper audiometric testing" as used in North Dakota Century Code section 44-33-12 includes, except as provided in this subsection, a minimum of air conduction, bone conduction pure tone thresholds, and speech audiometry with appropriate masking. When indicated, t…

Officers elected by the board shall serve for a term of one year, or until a successor is elected and qualified. It is the duty of the chairperson to preside at all board meetings. It is the duty of the licensure secretary to document all board business. It is the duty of the tre…

In the event of a vacancy, the unexpired terms of office for chairperson, secretary, and treasurer must be filled for the remainder of the unexpired term by general election by the board. History: Effective July 1, 1996. General Authority: NDCC 43-33-14 Law Implemented: NDCC 43-3…

Licensure certificates and identification cards are issued by the licensure secretary appointed by the chairperson to all licensees and permittees and must be in possession of the licensees and permittees at all times they are involved in the practice of fitting and dispensing he…

Notice of all practicum examinations must be sent to all persons holding temporary training permits at least forty-five days prior to the administration of the examination. To be eligible to participate in the examination, all applications for the examination must be received by …

1. An individual may take the examination without first obtaining a temporary training permit. 2. To be eligible to take the examination, trainees under supervision are required to submit to the licensure secretary written verification of satisfactory completion of initial traini…

Passing on information regarding the examination content or procedures utilized, other than complaints presented to the board, is a breach of professional ethics. History: Effective July 1, 1996. General Authority: NDCC 43-33-14 Law Implemented: NDCC 43-33-12, 43-33-14 1…

Each individual taking the examination must be informed that the individual has the right to submit in writing any complaint the individual may feel justifiable as a result of participating in the examination process, but the complaint must be filed with the board within ten days…

1. Applicants may obtain a license by successfully passing a qualifying examination, provided the applicant is eighteen years of age or older, of good moral character, and has an education equivalent to a four-year course in an accredited high school. 2. The examination must incl…

The fees charged by the board are as follows: 1. Initial license or certificate of endorsement, and annual renewals thereafter, $150.00; 2. Written exam, $50.00; and 3. Practicum, $50.00. History: Effective April 1, 1999. General Authority: NDCC 43-33-14 Law Implemented: NDCC 43-…

The board may refuse to renew, suspend, revoke, or place on probationary status any license or trainee permit issued by the board if the licensee or permitholder has done any of the following: 1. Made any false statement or given any false information in connection with an applic…

1. Supervisors of trainees must be competent professional workers who hold a valid North Dakota hearing aid dealers license. The supervision of the trainees must entail the personal direct involvement of the supervisor in a way that will permit the supervisor to attest to the ade…

Training requirements are as set forth in North Dakota Century Code section 43-33-08. In addition, the board also strongly recommends completion of the basic home study course by the national institute of hearing instruments studies or its equivalent. History: Effective July 1, 1…

A trainee supervisor is responsible to: 1. Provide the day-to-day supervision of the trainee, including assigning a licensed supervisor for temporary absences. 2. Provide the trainee with materials and equipment necessary for appropriate audiometric and hearing instrument evaluat…

1. The board hereby adopts the following forms: a. State board practicum examination score sheets (see appendix C of guidelines for evaluating candidates for the practical test of proficiency). b. Trainee log. c. Supervisor's log. 2. Copies of these forms may be obtained by conta…

1. Each dispenser licensed in this state is required to take ten hours of continuing education each year. Subject matter for continuing education credit courses must include a minimum of six hours hearing instrument related, two hours may be audiology, and two hours of other subj…

Licensees are required to notify the board within ten days of when they change the name or address of their business, including notification of the forwarding address when leaving the state. The business address of licensees must be a permanent address and not a post-office box. …

1. Any purchaser of a hearing instrument or instruments is entitled to a refund of the full purchase price advanced by the purchaser for such instrument or instruments, less a nominal usage charge as hereinafter described, upon the return by the purchaser to the licensee in good …

All advertisements for testing, dispersing, or selling hearing instruments must include at least the name of the dispenser present or the office address and phone number of that dispenser. 1 History: Effective July 1, 1996. General Authority: NDCC 43-33-14 Law Implemented: NDCC 4…

1. History and function. The 1985 legislative assembly passed legislation to license respiratory care practitioners, codified as North Dakota Century Code chapter 43-42. The 2005 legislative assembly passed legislation to license registered polysomnographic technologists. The gov…

An application for a license to practice respiratory care must be made to the state board of respiratory care on forms approved by the board. The application must contain such information as the board may reasonably require. 1. Each application for a license must be accompanied b…

Licenses are renewable annually. 1. Applications for renewal of license will be mailed by the board on or before December first to all licenseholders. Fees are payable to the board on or before December thirty-first of the year preceding the renewal year. 2. An application for re…

The board has adopted the following fee payment schedule: 1. Initial license fee and license fee for renewal are: Registered respiratory therapist - $80.00 Certified respiratory therapist - $80.00 2. Late fees in the amount of twenty-five dollars must be charged for all applicati…

To renew a license, a person must present proof of having attended or acquired at least ten clock-hours of continuing education approved by the board. If any licensee allows the licensee's license to lapse for a period of more than one year, the licensee must be required to submi…

The successful passing of a national examination means obtaining a score equal to or greater than the passing score established by the national board for respiratory care or its successor, as recognized by the board, which is in effect at the time of the administration of the tes…

In licensing a registered respiratory therapist or a certified respiratory therapist, "qualified" means trained and possessing the credential issued by the recognized testing or certification body of the profession. History: Effective September 1, 1996; amended effective January …

Every person licensed under North Dakota Century Code chapter 43-42 to practice as a registered respiratory therapist or certified respiratory therapist shall maintain such license or certificate in the office, department, business, or place in which the person practices, where, …

North Dakota Century Code chapter 43-42 prohibits the setup and instruction of medical devices related to the practice of respiratory care, gases, and equipment by a nonlicensed health care professional. The delivery and maintenance of medical devices related to the practice of r…

The board has adopted and incorporated into these rules by reference the American association for respiratory care's statement of ethics and professional conduct as amended in 2015. History: Effective September 1, 1996; amended effective July 1, 2018. General Authority: NDCC 43-4…

Grievances must be processed in accordance with the provisions of North Dakota Century Code chapter 28-32. History: Effective September 1, 1996. General Authority: NDCC 43-42-03 Law Implemented: NDCC 43-42-03

The board shall report all disciplinary action taken by it to the national board for respiratory care. History: Effective September 1, 1996. General Authority: NDCC 43-42-03 Law Implemented: NDCC 43-42-03 1

An application for a license to practice polysomnography must be made to the state board of respiratory care on forms approved by the board. The application must contain such information as the board may reasonably require. 1. Each application for a license must be accompanied by…

Licenses are renewable annually. 1. Applications for renewal of license will be mailed by the board on or before December first to all licenseholders. Fees are payable to the board on or before December thirty-first of the year preceding the renewal year. 2. An application for re…

The board has adopted the following fee payment schedule: 1. Initial license fee and license fee for renewal are: Registered polysomnographic technologist - $80.00 Registered polysomnographic technologist - registered respiratory therapist - $80.00 Registered polysomnographic tec…

1. To renew a license, a person must present proof of having attended or acquired at least ten clock-hours of continuing education approved by the board. If any licensee allows the licensee's license to lapse for a period of more than one year, the licensee must be required to su…

The successful passing of a national examination means obtaining a score equal to or greater than the passing score, which is in effect at the time of the administration of the test, established by the board of registered polysomnographic technologists or its successor, as recogn…

In licensing a registered polysomnographic technologist, "qualified" means trained and possessing the credential issued by the recognized testing or certification body of the profession. History: Effective January 1, 2006. General Authority: NDCC 43-42-03 Law Implemented: NDCC 43…

Every person licensed under North Dakota Century Code chapter 43-42 to practice as a registered polysomnographic technologist shall maintain such license or certificate in the office, department, business, or place in which the person practices, where, upon request, it is availab…

1. Polysomnographic technologists may only perform sleep diagnostics and analysis of data working in conjunction with physicians to provide comprehensive clinical evaluations that are required for the diagnosis of sleep disorders. By applying monitoring equipment, the technologis…

1. A person enrolled in a bona fide polysomnographic training program is not prohibited from performing those duties essential for completion of a student's clinical service; provided, that the duties are performed under the direct supervision or direction of a licensed health ca…

The board has adopted and incorporated into these rules by reference the national board of registered polysomnographic technologists statement of ethics and professional conduct as amended in 2000. History: Effective January 1, 2006. General Authority: NDCC 43-42-03 Law Implement…

Grievances must be processed in accordance with the provisions of North Dakota Century Code chapter 28-32. History: Effective January 1, 2006. General Authority: NDCC 43-42-03 Law Implemented: NDCC 43-42-03(4), 43-42-04.1

The board shall report all disciplinary action taken by it to the national board of registered polysomnographic technologists. History: Effective January 1, 2006. General Authority: NDCC 43-42-03 Law Implemented: NDCC 43-42-03(4), 43-42-04.1 1…

1. History and function. The 1983 legislative assembly passed legislation to license athletic trainers, codified as North Dakota Century Code chapter 43-39. That chapter requires the governor to appoint a board of athletic trainers. It is the responsibility of that board to licen…

To apply for initial licensure, an applicant: 1. Must meet all requirements of certification established by the board of certification, incorporated; 2. Must submit an application along with the application fee and initial license fee provided in section 106-02-01-05; and 3. Must…

A person who holds a current license as an athletic trainer in another jurisdiction and who is in good standing in that jurisdiction may apply to receive a license from the board if the person satisfies the requirements for initial licensure. History: Effective April 1, 2002. Gen…

1. Licenses issued by the board expire on June thirtieth of each year. Renewal notice will be sent no later than May fifteenth of each year. A renewal application will be considered timely if received before July first and if the application is accompanied by the proper fee. 2. T…

Repealed effective July 1, 2022.