North Dakota Administrative Code

The "Occupational Therapy Practice Framework: Domain and Process" (4th edition 2020) describes the practice of occupational therapy. The practice of occupational therapy means the therapeutic use of occupations, including everyday life activities with individuals, groups, populat…

1 Evaluation of factors affecting activities of daily living (ADL), instrumental activities of daily living (IADL), health maintenance, rest and sleep, education, work, play, leisure, and social participation, includes: 1. Client factors, including body functions (mental function…

1. Methods or approaches selected to direct the process of interventions include: a. Establishment, remediation, or restoration of a skill or ability that has not yet developed, is impaired, or in decline. b. Compensation, modification, or adaptation of activity or environment to…

1. History and function. The 1903 legislative assembly passed legislation regulating the practice of optometry, codified as North Dakota Century Code chapter 43-13. This chapter establishes a seven-member board of optometry appointed by the governor. The board regulates the profe…

The board shall provide application forms to be completed by applicants and identify the examinations required of applicants and licensees to determine an individual's fitness under the law and this title for licensure. The board shall require applicants to pass the North Dakota …

The board shall refuse to admit an applicant to its examination for license to practice optometry unless and until the applicant shall have answered in the affirmative each of the following questions pertaining to optometric jurisprudence, and shall have satisfied the board of th…

Determined repealed by the office of the Legislative Council under subsection 3 of North Dakota Century Code section 28-32-03 because statutory authority supersedes the rule under S.L. 1999, ch. 377.

Registered optometrists shall at all times keep the board informed of the correct street addresses of each of their offices and their correct mailing addresses. History: Amended effective December 1, 1987; January 1, 2020. General Authority: NDCC 43-13-13 Law Implemented: NDCC 43…

Repealed effective January 1, 1995.

The board may require any licensed optometrist to submit written answers to questions regarding the optometrist's compliance with this title or North Dakota Century Code chapter 43-13. The board may require that such answers be given under oath. History: Effective December 1, 198…

The following fees must be paid to the board: 1. A fee of two hundred dollars must accompany an application for a license to practice optometry. 2. A fee of two hundred dollars must be paid by any optometrist seeking to be licensed in this state by reciprocity. 2 3. A fee of two …

The board shall provide forms upon which applications for renewal must be submitted. Renewal applications must be submitted annually, during December of each year. A license may be renewed by the board upon the satisfactory submission of: 1. A completed application for renewal fo…

1. The board shall license individuals who meet the definition of military spouse set forth in North Dakota Century Code section 43-51-01 who meet the following requirements: a. The military spouse demonstrates competency in optometry through methods or standards determined by th…

1. The continuing educational requirements in effect through December 31, 2021, are as follows: every licensee shall have attended, during the three-year period preceding the date of renewal, fifty classroom hours of optometric educational programs required by North Dakota Centur…

The required number of hours of educational requirements may be obtained by one or more of the following methods: 1. Educational programs, clinics, seminars, meetings, or study sessions without or within North Dakota approved by the state board of optometry. A request for approva…

Repealed effective December 1, 1987.

All optometrists licensed in this state must file with the secretary a certification of educational program compliance with the optometrist's annual license fee on forms which shall be provided by the secretary. No more than six hours within a two-year reporting cycle may be in p…

The secretary, or the secretary's designee, shall verify records of the number of hours which registered optometrists have credited toward meeting the educational requirements. At least six months prior to the end of any applicable registration period, the secretary shall give no…

The use of so-called "cappers" and "steerers" and splitting of fees for the purpose of obtaining patients is unlawful. For a person registered under the North Dakota optometry law to make a house-to-house canvass or otherwise, either in person or through solicitors or agents, for…

Unethical conduct is conduct contrary to the ethics of the optometric profession as hereinafter set forth. The following code of ethics is adopted as a standard by the board of optometry. It shall be the ideal, the resolve, and the duty of all holders of certificates of registrat…

The minimum requirements of office equipment and accessories for optometrists, all of which shall be maintained in good working condition at each location where examinations are conducted, shall be those customarily used and available according to the prevailing standards of the …

The minimum care which an optometrist shall provide in all cases shall include the patient's case history, records, examination, diagnosis, and treatment as meet the generally accepted standard of care for the practice of optometry, but not less than required by law and these rul…

1. Optometrists shall make available to their patients a copy of their spectacle (not contact lenses) prescription upon request. Every spectacle prescription shall have noted thereon an expiration date not to exceed thirty-six months. 2. Optometrists shall make available to their…

standards. In the absence of compelling reason to the contrary, it shall be considered grossly incompetent for an optometrist to willfully or repeatedly fail or neglect to comply with the minimum equipment, examination, and prescription standards of this chapter. General Authorit…

The board may authorize persons engaging in the practice of optometry to administer pharmaceutical agents. In issuing an original or renewal license to practice optometry, the board shall provide appropriate identification to be affixed in a prominent place on the license to prac…

Only those optometrists who have duly applied to the board and satisfactorily passed an examination and completed courses prescribed by the board, including courses in general and ocular pharmacology, cardiopulmonary resuscitation, and first aid for adverse reactions, shall be pe…

In addition to section 56-02-05-02, an applicant for certification to use therapeutic pharmaceutical agents shall be required to pass the "treatment and management of ocular disease" section of the optometrist examination approved by the international association of boards of exa…

For the purpose of fulfilling the minimum educational statutory requirements for certification to prescribe and administer pharmaceutical agents, the board may approve prior classroom and clinical experience hours dealing with diagnosis, treatment, and management of ocular diseas…

The board may require an examination for administering or prescribing pharmaceutical agents which may be either written or oral, or both, and cover subjects in general pharmacology, ocular pharmacology, and ocular pharmacology applied to relevant clinical procedures. History: Eff…

For those optometrists who are certified in the use of pharmaceutical agents, one-half of the total hours of continuing education required by this title shall have emphasis in the treatment and management of diseases of the eye and its adnexa. History: Effective December 1, 1987.…

Repealed effective April 1, 1990.

The secretary of the board shall certify to the federal drug enforcement agency each licensed optometrist authorized by the board to prescribe controlled substances. When used in this chapter, the term "controlled substances" means only those controlled pharmaceutical agents spec…

No optometrist may treat glaucoma until certified to do so as a therapeutically certified optometrist by the North Dakota state board of optometry. History: Effective November 1, 1997. General Authority: NDCC 43-13-13 Law Implemented: NDCC 43-13-01, 43-13-13.3

Before being certified to treat glaucoma an optometrist must have: 1. Received a passing score on the clinical science part (part II) of the comprehensive examination given by the national board of examiners in optometry; 3 2. Received a passing score dated after January 1, 1992,…

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code section 28-32-06 because the statutory basis for the rules was eliminated by S.L. 2001, ch. 374, § 1. 4

The board may take such disciplinary action as it deems reasonably necessary under the provisions of North Dakota Century Code chapter 43-13 when it appears to the satisfaction of the majority of the members of the board that any provisions of title 56 or North Dakota Century Cod…

Repealed effective April 1, 1990.

Repealed effective April 1, 1990.

Without limiting the disciplinary powers of the board or grounds for discipline by the board, disciplinary action may be imposed against an optometrist upon any of the following grounds: 1. The use of any false, fraudulent, or forged statement, document, or information or the use…

Every optometrist shall promptly report to the secretary of the board any disciplinary action brought against such optometrist by any state or federal board or agency. History: Effective January 1, 1995. General Authority: NDCC 43-13-13 Law Implemented: NDCC 43-13-21.1, 43-13-22,…

Subject to the exceptions described in section 56-02-07-02, prior to the initial prescribing of any controlled substance, including samples, an optometrist authorized by the drug enforcement administration to prescribe, administer, sign for, dispense, or procure pharmaceuticals s…

An optometrist may not be required to review a patient's prescription drug monitoring program data if any of the following apply: 1. The controlled substance is prescribed or dispensed for a patient who is currently receiving hospice care. 2. The optometrist obtains a report thro…

1. Organization of department. a. History. In 1965, the legislative assembly created the state outdoor recreation agency and the North Dakota park service. They operated as separate entities until the 1977 legislative assembly combined them into the parks and recreation departmen…

These state park use rules apply to all those areas which are under the control of or operated by the North Dakota parks and recreation department. The authority to make and enforce these rules is granted pursuant to North Dakota Century Code sections 55-08-01.3 and 55-08-05. His…

In this chapter, unless the context or subject matter otherwise requires: 1. "Camping unit" means any vehicle or shelter specifically used for sleeping in or upon a portion of state land or water designated as a campsite. 2. "Campsite" means any area so designated by the departme…

All rules of the department will be enforced within the state park boundaries. Individuals violating these rules will receive a verbal or written warning, an administrative complaint, a civil summons and complaint, a criminal complaint and warrant or summons, or loss of park priv…

1. The hours between ten p.m. and seven a.m. are designated as quiet hours. Activity or noise levels that interfere with the peace and quiet of the park or result in complaints constitute a class 1 violation of this section. 2. Violation of any state law or any rules of the depar…