Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-05-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the North Dakota board of podiatric medicine. 2. "Clinical residency" means a formal, structured postdoctoral training program approved by the board, which is sponsored by and conducted in …
N.D.C.C. § 43-05-02 Exceptions
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The provisions of this chapter do not apply to the following: 1. Physicians and surgeons licensed by the North Dakota board of medicine. 2. Physicians and surgeons of the United States armed forces and of the United States public health service. 3. Duly licensed chiropractors. 4.…
N.D.C.C. § 43-05-04 Meetings - When held - Officers
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The board shall hold an annual meeting and at that meeting shall elect from its members a president, vice president, and secretary-treasurer. The president of the board or any two members of the board may call a special meeting at any time if written notice of the meeting is give…
N.D.C.C. § 43-05-05 Secretary-treasurer - Bond - Allowance
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The secretary-treasurer of the board must be bonded for the faithful discharge of the duties of the office in the sum of not less than one thousand dollars. The secretary of the board shall receive such allowance for clerical and other expenses of the board as determined by the b…
N.D.C.C. § 43-05-06 Compensation of members of board
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Each member of the board shall receive fifty dollars per day for each day employed in the actual discharge of the duties of the board, and the member's necessary expenses. The mileage and travel expense allowed may not exceed the amount provided for in section 54-06-09.
N.D.C.C. § 43-05-07 Secretary-treasurer of board - Duties - Record - Reports
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The secretary-treasurer of the board shall have the following duties: 1. Keep a full record of the proceedings of the board. 2. Repealed by S.L. 1971, ch. 510, § 15. 3. At such times as may be required by the board, furnish a complete statement of receipts and disbursements under…
N.D.C.C. § 43-05-08 Rules and regulations - Board to make
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The board may make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary to give it full force and effect.
N.D.C.C. § 43-05-09 License to practice podiatry required
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1. A person may not practice podiatric medicine unless that person first has obtained a license or permit to do so. 2. A person may not do any of the following unless that person holds a valid license or permit: a. Advertise, hold out to the public, or represent in any manner tha…
N.D.C.C. § 43-05-10 Application - Examination fee
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To obtain a license to practice podiatric medicine, a person shall submit an application and any other documentation required by the board to the board in the manner prescribed by the board. The applicant shall submit evidence that the applicant has the required qualifications an…
N.D.C.C. § 43-05-11 Qualifications of licensee
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An applicant for a license to practice podiatric medicine must possess the following qualifications: 1. Be at least eighteen years of age; 2. Be of good moral character; and 3. Be a graduate of a podiatric medical school approved by the board based upon its faculty, curriculum, f…
N.D.C.C. § 43-05-11.1 Conviction not bar to licensure - Exceptions
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Conviction of an offense does not disqualify an applicant from licensure under this chapter unless the board determines that the offense has a direct bearing upon an applicant's ability to serve the public as a podiatrist, or determines that an applicant, following conviction of …
N.D.C.C. § 43-05-12 Examination - Temporary permit
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1. The board may issue a license or permit to an applicant who has received a passing score on each section of the national board of podiatric medical examiners licensing examination or such other licensing examination as determined by the board. The board shall determine the req…
N.D.C.C. § 43-05-13 Re-examination when applicant fails in first examination
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Any applicant who fails the examination and is refused a license, within one year after such refusal, may be re-examined upon paying an additional fee of three hundred dollars. Only one re-examination exhausts the applicant's privilege under the original application.
N.D.C.C. § 43-05-14 When license issued without examination
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The board may issue a license without examination to a podiatrist of another state or Canadian province if: 1. The other state or Canadian province grants like privileges to podiatrists of this state; 2. The other state or Canadian province maintains equal statutory requirements …
N.D.C.C. § 43-05-16 Grounds for disciplinary action
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1. The board may refuse to grant a license or permit or may impose disciplinary action as described in this chapter against any podiatrist. The following conduct, whether occurring in this state or elsewhere, is prohibited and is a basis for disciplinary action: a. Failure to dem…
N.D.C.C. § 43-05-16.2 Suspension or revocation of license
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1. In addition to any other remedy provided by law, the board may, without a hearing, temporarily suspend the license or permit of a podiatrist if the board finds as a matter of probable cause based on verified evidence that the podiatrist has violated this chapter or a rule of t…
N.D.C.C. § 43-05-16.3 Powers of the board - Podiatrist cooperation
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1. In investigating a podiatrist under this section, the board may subpoena the podiatrist and medical records relating to the practice of the podiatrist under investigation. The confidentiality of the subpoenaed records under any other law does not affect the validity of the boa…
N.D.C.C. § 43-05-16.4 Mental examination - Access to medical data
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1. If the board has probable cause to believe that a podiatrist or applicant for license falls within the provisions of subdivision l or q of subsection 1 of section 43-05-16, it may direct the podiatrist or applicant for license to submit to a mental or physical examination or a…
N.D.C.C. § 43-05-16.5 Reporting obligations
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1. A person who has knowledge of any conduct constituting grounds for discipline under this chapter shall report the violation to the board. 2. A hospital, clinic, or other health care institution, facility, or organization shall report to the board any action taken by the hospit…
N.D.C.C. § 43-05-16.6 Board immunity and privileged communications
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1. No member of the board, its committees, its employees, or its staff is liable for civil damages or subject to criminal prosecution for any action undertaken or performed within the scope of the functions of the board when acting without malice or gross negligence and in the re…
N.D.C.C. § 43-05-16.7 Costs of prosecution - Disciplinary proceedings
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In any order or decision issued by the board in resolution of a disciplinary proceeding in which disciplinary action is imposed against a podiatrist, the board may direct the podiatrist to pay the board a sum not to exceed the reasonable and actual costs, including attorney's fee…
N.D.C.C. § 43-05-16.8 Loan for litigation expenses
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Subject to approval by the emergency commission, the board may borrow funds sufficient to pay for attorney's fees and costs incurred in investigations, administrative proceedings, and litigation resulting from the board performing its duties. Notwithstanding section 43-05-15, the…
N.D.C.C. § 43-05-17 Penalty
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A person violating any provision of this chapter for which another penalty is not provided is guilty of a class B misdemeanor. In addition, the civil remedy of injunction is available to the board to restrain and enjoin any violation of this chapter without the need to prove actu…