North Dakota Administrative Code

1. A marriage and family therapist duly licensed to practice marriage and family therapy in the state under North Dakota Century Code chapter 43-53, who has reached the age of sixty-two and is retired from the active practice of marriage and family therapy, may apply to the board…

1. Functions. The function of the board is to determine if acupuncturists, behavior analyst professionals, naturopaths, and music therapists meet the qualifications to practice in the state of North Dakota and to prevent unqualified acupuncturists, behavior analyst professionals,…

The board shall hold regular meetings at least twice a year. Regular or special meetings may be called at any time when the opinion of the board justifies such action. History: Effective April 1, 2013. General Authority: NDCC 28-32-02, 43-57-03 Law Implemented: NDCC 43-57-03

1. In order to carry out the duties and functions of the board, the chairman may establish committees from the board membership and define the duties of committees. 2. Pursuant to North Dakota Century Code section 43-57-04, the chairman shall assign an advisory group of three to …

Each member of the board shall be reimbursed for the member's mileage and travel expenses for each day the member is actually engaged in performing the duties of the member's office as provided for in North Dakota Century Code sections 43-57-02 and 54-06-09. Each member of the bo…

Pursuant to North Dakota Century Code section 43-57-05: 1. A petition to request inclusion under the board must be received by the executive director no later than October first of an even year in order to be considered for the next legislative assembly. a. The petition shall be …

The chairman shall preside at all meetings of the board, and shall perform such other duties as generally devolve upon that office and as prescribed by law. In the chairman's absence, the vice chairman shall preside and perform the duties of the chairman. In the absence of both t…

The secretary will review and sign minutes of all meetings as prepared by the executive director. Authorization by the treasurer is required for any checks that exceed five hundred dollars. The treasurer will review the bank statements each month. The secretary will assume the du…

The board may hire an executive director, who may be an individual or a business which functions in this capacity. If an executive director is hired, the executive director will serve as the filing, recording, and corresponding officer of the board. The executive director shall k…

The officers and members of the board shall perform such duties as are enjoined upon them by law. History: Effective April 1, 2013. 1 General Authority: NDCC 28-32-02, 43-57-03 Law Implemented: NDCC 28-32-02 2…

Upon receipt of a complaint that a person is practicing without a license, the board may make a determination, as to whether a person is practicing without a license. In order to make this determination, the board may conduct an investigation to make a determination if an individ…

1. Music therapists. The board adopts the 2011 edition of the Certification Board for Music Therapists Code of Professional Practice as the code of ethical conduct governing the practice of music therapy. 2. Acupuncturists. The board adopts the 2008 edition of the National Certif…

The board may revoke, suspend, or deny a license to any person otherwise qualified or licensed by the board who is found to have committed unprofessional conduct. Unprofessional conduct includes the following: 1. Exploitation of patients for financial gain, which includes: a. Ove…

An administrative sanction shall be imposed in the amount of three times the application fee for any applicant or licensee regulated by the board who provides false or deceptive information with regard to any material fact concerning eligibility for initial license or renewal aft…

The board will report all final disciplinary actions to the federal health care integrity and protection database. The board may also publish all final disciplinary actions in select state newspapers. History: Effective April 1, 2013. General Authority: NDCC 43-57-03 Law Implemen…

To comply with the state law regarding contagious or infectious diseases, medical practitioner licensees shall immediately notify the health officer of the community of the existence of such diseases. History: Effective April 1, 2013; amended effective July 1, 2017. General Autho…

A licensee having knowledge of or reasonable cause to suspect that there is child abuse or neglect is mandated to report the circumstances to the department of human services if the knowledge or suspicion is derived from information received by the licensee in the licensee's prof…

1. A licensee who has been convicted of an offense stated in subsections 6, 7, and 8 of section 112-01-04-03 shall notify the board within ten working days of conviction. 2. A licensee who has been officially disciplined by another licensing board in North Dakota or in another ju…

Licensees for music therapy and acupuncture in good standing who have been in practice for one or more years may accept prospective professional students for limited practice observation, and may accept current professional students of recognized accredited schools for unpaid pre…

A licensee who has had a license revoked is not eligible to apply for relicensure for at least one year following the date the revocation order was signed by a board official, unless otherwise specified in the order. History: Effective April 1, 2013. General Authority: NDCC 28-32…

During a period of suspension, the suspended licensee shall not provide or assist in any type of patient care or patient communications. History: Effective April 1, 2013. General Authority: NDCC 28-32-02, 43-57-08 Law Implemented: NDCC 43-57-11

In the event the board makes an initial determination that an applicant does not meet the requirements for licensure, or that an applicant should be granted a limited or conditioned license, the board shall promptly give the applicant notice, personally or by certified mail, that…

If a person is aggrieved by a denial, suspension, or revocation of a license, the aggrieved person may appeal the decision pursuant to the Administrative Agencies Practice Act. 1 History: Effective April 1, 2013. General Authority: NDCC 28-32-02, 43-57-03 Law Implemented: NDCC 43…

1. The board may issue a provisional temporary license to an applicant if: a. The applicant holds a valid license in another state; and b. In the board's judgment the applicant meets all of the requirements for licensure. 2. A provisional temporary license is valid from the date …

Unless specifically stated otherwise, all definitions found in North Dakota Century Code chapter 43-59 are applicable to this title. In this title, unless the context or subject matter otherwise requires: 1. "National association" means the American music therapy association or i…

Application shall be made on the official form issued by the board. The form may be secured from the board's official website. 1. Applicants holding current board certification from the certification board for music therapists shall be considered when all of the following have be…

An application for license by endorsement will be considered by the board if the following conditions are met: 1. The candidate has received a music therapy degree from a national association-approved school. 2. The candidate holds a current valid license in good standing to prac…

1. Those applicants for licensure who have obtained a passing score on the music therapy examination for board certification or who transitioned into board certification and have remained actively certified by the certification board for music therapists or its successor shall be…

When it shall have been determined by the board that any candidate is at least eighteen years of age, has met the examination requirements outlined in section 112-03-01-04, and is a person of good moral character, there shall be issued to such candidate a license to practice musi…

1. If a licensed music therapist moves to a new office location, the board must be notified of the change. 2. A current certificate or duplicate certificate issued by the board must at all times be displayed in each office location of the music therapist. In case of loss or destr…

1. Every music therapist who has been licensed by the board shall renew the license by remitting a renewal fee on or before December thirty-first of each odd-numbered year and completing the questionnaire provided by the board. For applicants who receive an initial license after …

Once a license has lapsed, the person who held the lapsed license may not practice music therapy or use a title reserved under state law for individuals who are licensed by the board until a new license is issued. A person whose license has lapsed but who continues to practice mu…

1. All active licensees shall complete a minimum of forty hours of approved continuing education credit biennially. Only hours earned at board-accepted continuing education programs will be allowed. One hour of credit is earned for every fifty minutes of actual class time. 2. An …

1. In order to receive board approval, a continuing education program must be accepted by the national board. 2. It is the responsibility of the licensee to verify the appropriate credit designation with the source of the program, not with the board. All licensees must verify eli…

Each biennium the board will audit randomly selected music therapists to monitor compliance with the continuing education requirements. Any music therapist so audited will be required to furnish documentation of compliance, including the name of the continuing education provider,…

The board charges the following nonrefundable fees: 1. Application. The fee for filing an application for an initial license is fifty dollars. 2. Initial license. The fee for an initial license is one hundred dollars. The licensing period is biennial, ending on December thirty-fi…

Unless specifically stated otherwise, all definitions found in North Dakota Century Code chapter 43-61 are applicable to this title. In this title, unless the context or subject matter otherwise requires: 1. "Accreditation commission" means the accreditation commission for acupun…

1. The board shall approve an acupuncture school that meets the following criteria: a. Is accredited or a candidate for accreditation by the accreditation commission; and b. Offers a residential graduate degree program with a curriculum of at least 1905 hours/105 credits. 2. Fore…

Application shall be made on the official form issued by the board. 1. Applicants seeking licensure pursuant to the regular application procedure in North Dakota Century Code section 43-61-05 shall be considered when all of the following have been received: a. A signed and dated …

An application for license by endorsement will be considered by the board if the following conditions are met: 1. The candidate has graduated from and holds a degree from an approved acupuncture school. 2. The candidate holds a current valid license in good standing to practice a…

An unmounted passport photograph of the applicant must be attached in the space provided on the application before filing with the board. The photograph must have been taken within one year of the date of application. History: Effective July 1, 2017. General Authority: NDCC 28-32…

1. Those applicants for licensure who have obtained a passing score on the national board examinations shall be deemed to have met the examination requirement specified in North Dakota Century Code section 43-61-05. 2. The examination requirements for licensure must be successful…

When board determines a candidate has successfully graduated from an approved school, passed the national board examination, and is a person of good moral character, the board shall issue the candidate a license to practice acupuncture. History: Effective July 1, 2017. General Au…

1. If a licensed acupuncturist moves from the acupuncturist's primary location, the office of the executive director must be notified of the change of location of the acupuncturist. A current certificate or duplicate certificate issued by the board must at all times be displayed …

1. Every acupuncturist who has been licensed by the board shall renew the license by remitting a renewal fee on or before December thirty-first of each even-numbered year and completing the questionnaire provided by the board. For applicants who receive an initial license after J…

Once a license has lapsed, the person who held the lapsed license may not practice acupuncture or use a title reserved under state law for individuals who are licensed by the board until a new license is issued. A person whose license has lapsed but who continues to practice acup…

The board charges the following nonrefundable fees: 1. Application. The fee for filing an application for an initial license is fifty dollars. 2. Initial license. The fee for an initial license is three hundred dollars. The licensing period is biennial, ending on December thirty-…

Unless otherwise limited by statute, licensed acupuncturists shall be entitled to the rights and privileges of health care practitioners in North Dakota in accordance with acupuncture and oriental medicine training. The practice of acupuncture in North Dakota Century Code section…

Licensed acupuncturists will be privileged to advertise their practice in any legitimate manner set forth in the code of ethics adopted by the board under section 112-01-04-02, except as limited or prohibited by statute. Doctoral level licensed acupuncturists may use the prefix "…

The practice of acupuncture includes the administration, prescription, dispensing, ordering, or performing of the following based on oriental medicine principles: 1. Food, nutritional supplements, herbs, and patent herbal remedies. 2. Health counseling, nutritional therapy, herba…