Title 43 — Occupations and Professions

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the board of occupational therapy practice. 2. "Occupational therapist" means a person licensed to practice occupational therapy under this chapter. 3. "Occupational therapy aide" m…

A person may not practice occupational therapy or hold out as an occupational therapist, or as being able to practice occupational therapy, or to render occupational therapy services in this state unless that person is licensed under this chapter. Only individuals may be licensed…

This chapter does not prevent or restrict the practice, services, or activities of: 1. Services by a person licensed by the state and working within the standards and ethics of that person's profession, if that person does not represent to the public that the person is an occupat…

1. A person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program may perform occupational therapy services if the services are a part of the student's supervised course of study, provided…

1. There is established a board of occupational therapy practice. The board shall consist of five members appointed by the governor, all of whom must be residents of this state. The occupational therapy practitioners appointed must have been engaged in rendering occupational ther…

The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter. The board shall keep any records and minutes as are necessary to carry out its functions. The board may:…

1. The board may employ an executive secretary and other officers and employees it deems necessary. 2. The board shall adopt a seal by which it authenticates its proceedings. 3. All funds collected or received by the board must be deposited and disbursed in accordance with sectio…

The board shall prescribe by rule the fee for application for examination, the initial license fee, the renewal of license fee, the late renewal fee, and the limited permit fee. These fees must be set in such an amount as to reimburse the board, to the extent feasible, for the co…

An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application provided by the board, demonstrating to the satisfaction of the board that the applicant: 1. Is competent. 2. Will adhere to the code of ethic…

Repealed by S.L. 1999, ch. 394, § 16.

Internationally trained occupational therapists and occupational therapy assistants shall satisfy requirements equivalent to those contained in section 43-40-08.

1. A person satisfying the requirements of section 43-40-08 may apply for examination in the manner the board prescribes. The application must be accompanied by the nonrefundable fee prescribed under section 43-40-07. 2. The board shall approve an examination for occupational the…

The board may waive the examination, education, or experience requirements and grant a license to any applicant who presents proof of current licensure or registration as an occupational therapist or occupational therapy assistant in another state which requires standards for lic…

1. The board may grant a limited permit to a person who has completed the education and experience requirements of this chapter. A limited permit allows the person to practice occupational therapy under supervision of a North Dakota licensed occupational therapist. A limited perm…

The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee.

1. Any license issued under this chapter is subject to biennial renewal and expires unless renewed in the manner prescribed by the rules of the board. The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules, but late ren…

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke a license or may impose probationary conditions if the licensee or applicant for license has been found guilty of unprofessional conduct. Unprofessional conduct includes: a. Obtaining a licen…

1. A person may file a written complaint with the board setting forth the specific charges upon which the complaint is made. Upon receiving a complaint, the board shall notify the licensee of the complaint and request a written response from the licensee. A licensee who is the su…

The board may impose a fee against any person subject to regulation under this chapter to reimburse the board for all or part of the costs of administrative action resulting in disciplinary action, including the cost of investigation, the amount paid for services from the office …

Any person who violates section 43-40-02 is guilty of a class B misdemeanor. In addition to the criminal penalty provided, the civil remedy of an injunction is available to restrain and enjoin violations of any provisions of this chapter.