Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-13-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the North Dakota state board of optometry. 2. "Diagnosis and treatment" means the determination, interpretation, and treatment of any visual, muscular, neurological, interpretative, or anat…
N.D.C.C. § 43-13-02 Persons exempt from provisions of chapter
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The provisions of this chapter do not apply to the following persons: 1. Persons who sell spectacles, eyeglasses, or other articles of merchandise without attempting to practice optometry. 2. Student interns who are currently enrolled in an optometry school or college accredited …
N.D.C.C. § 43-13-04 Officers of board - Election - Term of office - Duty of president
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The members of the board shall elect from among their own number a president and a secretary. Such officers shall hold office for the term of one year, and until their successors are elected and qualified. The president of the board shall preside at all meetings of the board and …
N.D.C.C. § 43-13-05 Executive director of board - Duties - Record - Custodian of fees - Report
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The executive director of the board, or the executive director's designee, has the following duties: 1. Keep a full record of the proceedings of the board. 2. Be custodian of all fees coming into the possession of the board. 3. At such times as may be required by the board, furni…
N.D.C.C. § 43-13-06 Secretary of board - Bond
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The secretary of the board, or the secretary's designee in the event the duties have been delegated to another, must be bonded for the faithful discharge of duties in such amount as may be prescribed by the board.
N.D.C.C. § 43-13-07 Compensation and expenses of board members
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A member of the board shall receive as compensation for each day the member actually is engaged in performing the duties of office a per diem as established by the board, mileage and travel expenses as are provided for in section 54-06-09.
N.D.C.C. § 43-13-08 Executive director of board - Compensation
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The executive director of the board shall receive for clerical expenses and other expenses of the board an allowance, and a salary or other compensation, as the board shall determine.
N.D.C.C. § 43-13-09 Biennial report
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The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.
N.D.C.C. § 43-13-10 Meetings of board - Quorum - What constitutes
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The board shall meet at least once in each year at a place it designates, and in addition thereto whenever and wherever the president and the secretary, for proper cause, call a meeting. Four members of the board in actual attendance at any meeting constitute a quorum for the tra…
N.D.C.C. § 43-13-11 Records of board
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The record of the proceedings of the board kept by the secretary, or the secretary's designee, at all reasonable times must be open to public inspection. The record also must contain a registry list of all persons licensed by the board, together with renewals and revocations of l…
N.D.C.C. § 43-13-12 Records of board as evidence
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A true copy of all records of the board, or any part thereof, is admissible in evidence without further proof of authenticity when accompanied by the certificate of the secretary of the board that the same is a true copy of the original record on file in the office of the secreta…
N.D.C.C. § 43-13-13 Duties of board
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The board has the following duties: 1. To enforce the provisions and carry out the purposes of this chapter. 2. To make and enforce such rules and regulations consistent with law as may be necessary for the proper performance of its duties; the effective enforcement of this chapt…
N.D.C.C. § 43-13-13.3 Standard of care
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An optometrist certified by the board in the use of pharmaceutical agents as provided in this chapter must be held to the same standard of care in the use of such agents as are physicians licensed by the North Dakota board of medicine.
N.D.C.C. § 43-13-14 Members of board to administer oaths - Seal of board
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Any member of the board, upon being duly designated by the board, or a majority thereof, may administer oaths or take testimony concerning any matter within the jurisdiction of the board. The board may adopt a seal.
N.D.C.C. § 43-13-15 Unlawful to practice without license - Regulations
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1. A person may not practice optometry in this state unless the person first obtains a license and complies with the requirements of this chapter. 2. Notwithstanding any other provision of law, it is unlawful for any person, or any entity other than a licensed optometrist or a li…
N.D.C.C. § 43-13-16 Examination required - When given
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Before any person is granted a license to practice optometry in this state, the person must pass an examination required by the board by rule.
N.D.C.C. § 43-13-17 Application for licensure - Contents - Educational requirements - Fee
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1. Any person desiring to take the examination for or to secure a license to practice optometry in this state shall file with the executive director of the board an application in the form prescribed by the board. The applicant also shall furnish satisfactory proof that the appli…
N.D.C.C. § 43-13-18 Licensure by endorsement
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An applicant may secure a license to practice optometry in this state without taking all required examinations as follows: 1. Presentation of a certified copy or an original certificate of registration or license in good standing issued to the applicant by another state where the…
N.D.C.C. § 43-13-19 License - When issued - Fee
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Every applicant for a license to practice optometry in this state who meets the standards required for licensure, including successfully passing the required examination, must be licensed upon payment to the executive director of the board of a reasonable sum fixed by the board. …
N.D.C.C. § 43-13-21 License to be displayed
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Every person to whom a license to practice optometry in this state is issued shall display the same in a conspicuous place in the office where the practice of optometry is conducted.
N.D.C.C. § 43-13-21.1 Disciplinary powers of the board
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1. The board may conduct investigations for the purpose of determining whether violations of this chapter or grounds for disciplining licensees exist. The board may establish an investigative panel to conduct an investigation under this section and may subpoena records. 2. A comp…
N.D.C.C. § 43-13-22 License - When revoked
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1. After an administrative hearing conducted in accordance with chapter 28-32, the board may restrict, revoke, or suspend any license granted by it under this chapter when the board determines the holder of the license: a. Has violated any provisions of this chapter, the rules an…
N.D.C.C. § 43-13-23 Revocation of license - Notice
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Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-24 Revocation of license - Hearing - Procedure - Witnesses - Expenses
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Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-25 Determination of board constitutes revocation of license
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Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-26 Revocation of license - Appeal
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Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-26.1 Impaired optometrists
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After a hearing conducted pursuant to chapter 28-32, the board may restrict, suspend, or revoke the license of any licensed optometrist whose mental or physical ability to practice optometry with reasonable skill and safety is impaired. 1. For the purpose of this section, "impair…
N.D.C.C. § 43-13-27 Penalty
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Any person who violates any provision of this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 43-13-28 Prohibitions
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It is unlawful for any person who is not the holder of a license to practice optometry, to engage in the practice of optometry, directly or indirectly, by employing or hiring upon a salary, commission, or other profit-sharing arrangement a licensed optometrist except as permitted…
N.D.C.C. § 43-13-31 Discrimination in optometric services prohibited
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A person may not discriminate between licensed practitioners of optometry and physicians, or interfere with any individual's right to free choice of ocular practitioner, with respect to the providing of professional services within the scope of section 43-13-01. If a health, acci…
N.D.C.C. § 43-13-32 Board immunity and privileged communications
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Repealed by S.L. 2019, ch. 349, § 6.