North Dakota Administrative Code

A candidate who fails the licensing examination may not be employed in a position with functions that are usually assigned to licensed nurses. History: Effective November 1, 1979; amended effective June 1, 1982. General Authority: NDCC 43-12.1-08 Law Implemented: NDCC 43-12.1-03

Repealed effective October 1, 1989.

Repealed effective January 1, 1994.

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…

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 ed…

Repealed effective March 1, 1986.

Repealed effective March 1, 1986.

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 …

Repealed effective June 1, 1982.

Repealed effective March 1, 1986.

Repealed effective March 1, 1986.

Repealed effective January 1, 1994.

Repealed effective June 1, 1982. 1

Candidates will have unlimited attempts to pass the licensing examination. History: Effective January 1, 1994; amended effective May 1, 1996; June 1, 2001; April 1, 2004. General Authority: NDCC 43-12.1-08 Law Implemented: NDCC 43-12.1-08(5), 43-12.1-09(1) 2…

Repealed effective June 1, 2001.

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 licensur…

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. History: Amended effective November 1, 1979; July 1, 1987; November 1, 1990; June 1,…

Repealed effective July 1, 2020.

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…

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…

The board may initiate the issuance of a limited license when good cause exists to do so. History: Effective July 1, 2008. General Authority: NDCC 43-12.1-08 Law Implemented: NDCC 43-12.1-08(f)

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 f…

Repealed effective April 1, 2004. 2

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…

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 nonrefunda…

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 pr…

The endorsement fee is nonrefundable. History: Amended effective June 1, 2002. General Authority: NDCC 43-12.1-08 Law Implemented: NDCC 43-12.1-10

Repealed effective April 1, 2004.

Repealed effective April 1, 2024.

Repealed effective April 1, 2024. 2

Repealed effective August 1, 1988.

Practice inconsistent with acceptable standards of nursing practice by a licensee, applicant, or registrant means behavior that may place a client or other person at risk for harm or be in violation of the standards of nursing practice. Inconsistent practice includes incompetence…

Repealed effective June 1, 2002.

Repealed effective December 1, 1995.

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 …

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 ground…

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 pra…

Repealed effective December 1, 1995.

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…

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, appli…

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 b…

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 pract…

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 r…

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 violat…

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 …

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 nur…

Repealed effective February 1, 1998.

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 unlicen…

Repealed effective October 1, 2011. 8

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. History: Effective Septem…