Title 43, Occupations and Professions

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.

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…

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…

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…

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 …

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…

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.

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 …

Each licensed and practicing podiatrist shall pay the annual renewal license fee established by the board. The license fee may be increased in accordance with the number of years licensed and practicing in North Dakota, but may not exceed seven hundred fifty dollars. The fee must…

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…

When the board finds, pursuant to chapter 28-32, that a podiatrist has violated this chapter or a rule of the board, the board may do one or more of the following: 1. Revoke the license or permit. 2. Suspend the license or permit. 3. Institute probation with or without any of the…

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…

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…

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…

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…

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…

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…

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…

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…

In this chapter, unless the context or subject matter otherwise requires: 1. "Approved and accredited doctor of chiropractic program" means a doctor of chiropractic program approved by the board and accredited by a board-approved entity, such as the council on chiropractic educat…

This chapter does not apply to: 1. Chiropractors from the District of Columbia, or other states, territories, or countries who are in actual consultation in this state. 2. Students enrolled in an approved and accredited doctor of chiropractic program, who qualify for the precepto…

1. The state board of chiropractic examiners consists of seven members appointed by the governor. The members are: a. Five doctors of chiropractic; b. One certified chiropractic clinical assistant; and c. One consumer member. 2. Each doctor of chiropractic appointed must: a. Have…

1. Each member of the board shall qualify by taking the oath of office required of civil officers and shall hold office for a term of five years and until the member's successor is appointed and qualified. The terms of office of the members of the board must be so arranged that o…

1. The board shall administer the provisions of this chapter and the administrative rules of the board relating to the practice of chiropractic. The board has all powers, rights, and duties as provided in chapter 28-32. 2. The board shall verify the qualifications of applicants f…

The board shall hold regular meetings twice yearly at approximate six-month intervals and such special meetings as the board may deem necessary. The meetings must be held at such places as the board may designate. Four members of the board constitute a quorum. At the first meetin…

1. The board shall keep a record of all its proceedings and a register of applications for licenses to practice chiropractic showing: a. The name and location of the institution from which each applicant received the applicant's degree of doctor of chiropractic. b. The date when …

A person may not practice chiropractic in this state unless that person has a license from the state board of chiropractic examiners. A person who desires a license shall: 1. Apply to the board; 2. Submit an official transcript of successful completion of all required examination…

An applicant for licensure to practice chiropractic in this state must have a degree from or be enrolled in the last term of college at an approved and accredited doctor of chiropractic program.

Conviction of an offense does not disqualify a person from licensure or certification under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a chiropractor or certified chiropractic clinical assistant, o…

The board shall accept all parts of the national board examination, or its successor or equivalent, providing all other requirements are met.

A license to practice chiropractic in this state must be issued by the board to an applicant who has submitted proof of the required qualifications and passed the required examination. A license to practice chiropractic may not be granted except upon the affirmative vote of at le…

The board may require any applicant, licensee, or certificate holder under this chapter to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24. All costs asso…

1. A license to practice chiropractic in this state is valid for one year and must be renewed on or before the first day of September of each year. 2. A renewal applicant shall pay a fee for renewal of a license. The fee for renewal of a license must be determined by the board fr…

1. The board, upon receipt of a complaint, may appoint a peer review committee for the purpose of investigation of the matter and rendering an opinion thereon. 2. The peer review committee must be appointed by the board and function as its agent and may consist of different indiv…

1. The board may deny an application for licensure and may revoke, suspend, or take such other action as provided in this section regarding the license of any chiropractor in this state who: a. Has a mental or physical condition such that the person is unable to safely engage in …

Every licensed chiropractor practicing in this state shall: 1. Observe all state and municipal regulations relating to the control of contagious and infectious diseases. 2. Sign death and birth certificates. 3. Sign certificates pertaining to public health. 4. Report to the prope…

1. A person may not practice as a certified chiropractic clinical assistant or claim to be a chiropractic assistant without certification from the board. The fee for initial certification may not exceed one hundred dollars per year and must be set by the board from time to time. …

A licensed chiropractor may practice under the same standards as other health practitioners in any public or private hospital or other institution in this state, when requested so to do by any patient or the guardian of any patient.

1. If 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 chiropractor would create significant risk of serious and ongoing harm to the public while a disciplinary…

The state's attorney of each county in this state shall enforce section 43-06-19 and prosecute all violations of this section, and the executive director of the board, under the direction of the board, shall aid in the enforcement of this chapter.

1. It is a class B misdemeanor for any person who fraudulently procures a license to practice chiropractic or who, without complying with the provisions of this chapter: a. Practices or attempts to practice chiropractic; b. Advertises as a chiropractor; or c. Uses the terms or le…

In this chapter, unless the context or subject matter otherwise requires: 1. "Contractor" means any person engaged in the business of construction, repair, alteration, dismantling, or demolition of bridges, highways, roads, streets, buildings, airports, dams, drainage or irrigati…

1. A person may not engage in the business nor act in the capacity of a contractor within this state when the cost, value, or price per job exceeds the sum of four thousand dollars nor may that person maintain any claim, action, suit, or proceeding in any court of this state rela…

The registrar may employ assistance and procure records, supplies, and equipment as necessary to carry out this chapter.

1. To obtain a license under this chapter, an applicant who is eighteen years of age or older shall submit, on forms the registrar prescribes, an application under oath containing a statement of the applicant's experience and qualifications as a contractor. A copy of a certificat…

1. The registrar may deny any application for license, deny any application for renewal of license, or suspend or revoke any license, based on the applicant's or licensee's lack of eligibility to act in the capacity of a contractor, upon proof of one or more of the following: a. …

Any administrative body or governing body, agency, or commission having power to enter into public contracts may impose reasonable requirements and conditions as conditions precedent to the awarding of a contract for the construction or reconstruction of public works in addition …

1. Four classes of licenses may be issued under this chapter, which must be designated as class A, B, C, and D licenses. A holder of a license may engage in the contracting business within this state subject to the following limitations: a. The holder of a class A license is subj…

This chapter does not apply to: 1. Any authorized representative of the United States government, the state of North Dakota, or any county, municipality, irrigation district, reclamation district, or other political corporation. 2. Any person that furnishes any fabricated or fini…

Within fifteen days from the date of application, the registrar may investigate and determine each applicant's eligibility to act in the capacity of a contractor as provided in section 43-07-04.1, and no license may be issued to such applicant until the registrar receives all doc…