Title 43, Occupations and Professions

The practice of medicine is deemed to occur in the state the patient is located. A practitioner providing medical care to a patient located in this state is subject to the licensing and disciplinary laws of this state and shall possess an active North Dakota license for the pract…

1. A physician licensed in good standing to practice in another state is exempt from the licensure requirements of this chapter if the physician: a. Has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a…

Resident physicians of medicine or osteopathy who are continuing their training and performing the duties of a resident in a hospital or institution maintained and operated by the state, an agency of the federal government, or a residency program accredited by the accreditation c…

1. The governor shall appoint a North Dakota board of medicine consisting of fifteen members; ten physicians, nine of whom are doctors of medicine and one of whom is a doctor of osteopathy; two physician assistants; one naturopath; and two public members. If no osteopathic physic…

The term of office of each member of the board is four years and until a successor is appointed and qualified. The terms must be so arranged that no more than four terms expire on the thirty-first of July of each year. The governor shall fill all vacancies by appointment but in c…

1. The governor for good cause shown and upon the recommendation of three-fourths of the members of the North Dakota board of medicine may remove any member of such board for misconduct, incapacity, or neglect of duty. 2. If a member of the board is consistently absent from board…

The board shall elect a president and vice president from its own number and employ an executive director to provide administrative services to the board.

The board shall hold at least three meetings in each calendar year and may call such special meetings as may be necessary. The meetings must be held at such places as the board may designate.

In addition to any other powers, the board may: 1. Employ or contract with one or more organizations or agencies known to provide acceptable examinations for the preparation and scoring of required examinations relating to physician licensure, and employ or contract with one or m…

A member of the board, acting in that capacity or as a member of any committee of the board, may not participate in the making of any decision or the taking of any action affecting that member's personal, professional, or pecuniary interest, or that of a known relative or busines…

The board shall keep a record of all of its proceedings and applications for license. Failure of an applicant to submit a completed application within one year is grounds to discontinue processing the application, and records will be disposed of unless otherwise approved by the c…

The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

1. A member of the board shall receive for each day during which the member actually is engaged in the performance of the duties of the member's office such per diem as must be fixed by the board and as provided in sections 44-08-04 and 54-06-09. 2. The executive director of the …

In order to obtain a license to practice medicine in this state, an application must be made to the board through the executive director. The application must be upon the form adopted by the board and must be made in the manner prescribed by it.

1. General. Every applicant for licensure shall file a written application, on forms provided by the board, showing to the board's satisfaction that the applicant satisfies all of the requirements of this chapter including: a. Successful completion of a medical licensure examinat…

1. An applicant shall file with the executive director of the board a completed application and shall pay to the executive director the application fee. No person may engage in the practice of medicine in this state without a current license issued by the board. 2. Each licensee …

The fee for any individual seeking licensure or renewal in the state must be fixed by regulation of the board. All fees must be paid to and held by the executive director of the board and are subject to disbursement by the board in performing its duties.

A physician seeking to renew the physician's license who has failed to complete the renewal application within the time specified by the board must be assessed a fee up to three times the normal licensure fee, in addition to such other penalties as are authorized by law, if that …

1. The board shall promote a high degree of competence in the practice of medicine by establishing rules requiring every physician licensed in the state to fulfill continuing education requirements. Compliance with these rules must be documented at such times and in such manner a…

1. A licensee shall retain all medical records, unless otherwise appropriately transferred to another licensee or entity, for at least seven years from the last date of service for each patient, except as otherwise required by law. 2. The board may adopt rules to implement record…

The board is authorized to take disciplinary action against a licensed physician by any one or more of the following means, as it may find appropriate: 1. Revocation of license. 2. Suspension of license. 3. Probation. 4. Imposition of stipulations, limitations, or conditions rela…

1. Disciplinary action may be imposed against a physician upon any of the following grounds: a. The use of any false, fraudulent, or forged statement or document, or the use of any fraudulent, deceitful, dishonest, or immoral practice, in connection with any of the licensing requ…

In any order or decision issued by the board in resolution of a disciplinary proceeding in which disciplinary action is imposed against a physician or physician assistant, the board may direct any physician or physician assistant to pay the board a sum not to exceed the reasonabl…

The board may not take disciplinary action against a licensee based solely on the licensee prescribing or dispensing ivermectin for the off-label treatment or prevention of severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2, or any mutation or viral fragment…

1. When, based on verified evidence, the board determines by a clear and convincing standard that the evidence presented to the board indicates that the continued practice by the licensee would create a significant risk of serious and ongoing harm to the public while a disciplina…

Any person who practices medicine in this state without complying with the provisions of this chapter, and any person who violates any of the provisions of this chapter for which another penalty is not specified is guilty of a class B misdemeanor. In addition to the criminal pena…

Any individual licensed under the provisions of this chapter who in good faith renders in this state emergency care at the scene of the emergency is expected to render only such emergency care as in the individual's judgment is at the time indicated.

Any individual duly licensed to practice in another state of the United States who renders in this state emergency care at the scene of the emergency may only be held to the degree of care as specified in section 43-17-37, and may not be deemed to be practicing medicine within th…

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transfer…

1. Any physician, physician assistant, naturopath licensed under chapter 43-58, acupuncturist licensed under chapter 43-61, or any individual licensed under chapter 43-12.1 who performs any diagnosis or treatment for any individual suffering from any wound, injury, or other physi…

Notwithstanding any other provision of law, a hospital licensed under chapter 23-16, nonprofit entity, or charitable trust may employ directly or indirectly a physician if the employment relationship between the physician and hospital, nonprofit entity, or charitable trust is evi…

A licensee may apply topical fluoride varnish to an individual in accordance with rules adopted by the board.

A licensee is held to the same standard of care and same ethical standards, whether practicing traditional in-person medicine or telemedicine. The following apply in the context of telemedicine: 1. Professional ethical standards require a practitioner to practice only in areas in…

1. A licensee who has performed a telemedicine examination or evaluation meeting the requirements of this chapter may prescribe medications according to the licensee's professional discretion and judgment. Opioids may only be prescribed through telemedicine if prescribed as a fed…

1. Fees levied under subsection 1 of article XIII of the interstate medical licensure compact by the interstate medical licensure compact commission to this state must be paid by the board through the board's funding mechanism, and the board may not request funds deposited in the…