Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-02.2-01 Purpose
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It is the policy of this state, and the purpose of this chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial, and governmental ent…
N.D.C.C. § 43-02.2-02 Definitions
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As used in this chapter, unless the context requires otherwise: 1. "Board" means the state board of accountancy. 2. "Certificate" means a certificate as "certified public accountant" issued under section 43-02.2-04 or provisions of prior law, or a corresponding certificate as cer…
N.D.C.C. § 43-02.2-03 State board of accountancy
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1. The state board of accountancy consists of five members appointed by the governor. Four members of the board must be residents of this state who hold certified public accountant certificates issued under the laws of this state and one member of the board must be a resident of …
N.D.C.C. § 43-02.2-04 Certified public accountants
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1. The board shall grant the certificate of "certified public accountant" to any person who meets the requirements of this section. 2. The board may not grant a certificate if the applicant has been convicted of a felony, or of any crime an element of which is dishonesty or fraud…
N.D.C.C. § 43-02.2-04.1 Substantial equivalency
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1. An individual whose principal place of business is not in this state shall have all the privileges of certificate holders and licensees of this state without the need to obtain a certificate or permit under section 43-02.2-04, if the individual holds a valid license as a CPA f…
N.D.C.C. § 43-02.2-05 Permits to practice - Individual
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Repealed by S.L. 1999, ch. 372, § 15.
N.D.C.C. § 43-02.2-06 Permits to practice - Firms
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1. The board shall grant or renew permits to practice as a CPA or LPA firm to applicants that demonstrate their qualifications therefor in accordance with this subsection. a. The following must hold a permit issued under this subsection: (1) Any firm with an office in this state …
N.D.C.C. § 43-02.2-06.1 Permit to practice - Firm wholly owned by qualified plan
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1. A firm may be wholly owned by a qualified plan as described and defined in sections 401(a) and 4975(e)(7) of the Internal Revenue Code [26 U.S.C. 401(a) and 4975(e) (7)], including an employee stock ownership plan, if an applicant for initial issuance or renewal of a permit to…
N.D.C.C. § 43-02.2-07 Licensed public accountants and firms of public accountants
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Persons who on July 1, 1993, hold licensed public accountant licenses issued under prior law of this state are entitled to have those licenses renewed provided that they fulfill all requirements for renewal under this section and subsections 13 and 15 of section 43-02.2-04. Firm …
N.D.C.C. § 43-02.2-08 Appointment of secretary of state as agent
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Application by a person or a firm not a resident of this state for a certificate under section 43-02.2-04 or a permit to practice under section 43-02.2-06 constitutes appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or p…
N.D.C.C. § 43-02.2-09 Enforcement against licensees
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1. The board may revoke any certificate, license, practice privilege, or permit issued under this chapter or corresponding provisions of prior law; suspend any such certificate, license, practice privilege, or permit or refuse to renew any such certificate, license, practice priv…
N.D.C.C. § 43-02.2-10 Enforcement procedures - Investigations
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1. If this chapter authorizes the board to revoke, deny, or suspend the certificate, license, practice privilege, or permit of any licensee or holder of a practice privilege, the individual or firm has a right to a hearing on such contemplated disciplinary action and has a right …
N.D.C.C. § 43-02.2-11 Reinstatement
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1. If the board has suspended, refused to renew, or revoked a certificate, license, practice privilege, or a permit, the board may modify the suspension or reissue the certificate, license, practice privilege, or permit upon application in writing by the person or firm affected a…
N.D.C.C. § 43-02.2-12 Unlawful acts
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1. A person or firm that is not a licensee or otherwise authorized to practice in this state under subsection 1 of section 43-02.2-04.1 or subdivision b of subsection 1 of section 43-02.2-06 may not practice or offer to practice public accountancy or issue a report on financial s…
N.D.C.C. § 43-02.2-13 Injunctions against unlawful acts
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If as a result of an investigation, the board believes that any person or firm has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of this chapter, the board may make application to the appropriate court for an order enjoin…
N.D.C.C. § 43-02.2-14 Criminal penalties
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1. If by reason of an investigation, the board has reason to believe that any person or firm has knowingly engaged in acts or practices that constitute a violation of this chapter, the board may bring its information to the attention of a state's attorney or the attorney general …
N.D.C.C. § 43-02.2-15 Single act evidence of practice
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In any action brought under this chapter, evidence of the commission of a single act prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or conviction, without evidence of a general course of conduct.
N.D.C.C. § 43-02.2-16 Confidential communications
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Except by permission of the client engaging a licensee under this chapter, or the heirs, successors, or personal representatives of such client, a licensee or any partner, officer, shareholder, or employee of a licensee may not voluntarily disclose information communicated to the…
N.D.C.C. § 43-02.2-17 Licensees' working papers - Clients' records
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1. All statements, records, schedules, working papers, and memoranda made by a licensee or a partner, shareholder, officer, director, or employee of a licensee, incident to, or in the course of, rendering services to a client while a licensee, except the reports submitted by the …
N.D.C.C. § 43-02.2-18 Uniform statute of limitations
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1. a. This section applies to all causes of action of the type specified in this section filed on or after August 1, 1993. b. This section governs any action based on negligence or breach of contract brought against any accountant, any partnership of accountants, any accounting c…
N.D.C.C. § 43-10.1-01 Definitions
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As used in this chapter: 1. "Cemetery association" means any person owning, conducting, or maintaining a cemetery or plot for the burial of dead human bodies. 2. "Cemetery merchandise" means all service or property to be used in funeral services or burials other than professional…
N.D.C.C. § 43-10.1-02 Pre-need funeral service contracts
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A person may not engage in the sale or execution of a pre-need funeral service contract unless that person is the operator, agent, employee, or manager of a licensed funeral establishment or cemetery association. As part of the sale of a pre-need funeral service contract, the sel…
N.D.C.C. § 43-10.1-03 Annual report filed with commissioner
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On or before January thirty-first of each year, the owner or manager of each cemetery association or licensed funeral establishment that has entered into any pre-need funeral service contracts during the preceding calendar year shall file a report covering the period of the prece…
N.D.C.C. § 43-10.1-04 Bond
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Each owner or operator of a licensed funeral establishment or cemetery association, who files an annual report, must file with the commissioner a corporate surety bond approved by the commissioner in an amount deemed adequate by the commissioner running to the state of North Dako…
N.D.C.C. § 43-10.1-05 Verification by commissioner
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Within ninety days after the filing of a report as required by section 43-10.1-03, the commissioner shall verify the report by mailing to the banks, credit unions, savings and loan associations, or trust companies where the report indicates the consideration has been deposited, a…
N.D.C.C. § 43-10.1-06 Special audits - Violations of law
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Repealed by S.L. 1979, ch. 463, § 7.
N.D.C.C. § 43-10.1-06.1 Fraudulent practices
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It is a fraudulent practice and it is unlawful: 1. For any person knowingly to subscribe to, or make or cause to be made, any material false statement or representation in any report or other document or statement required to be filed under any provision of this chapter, or to om…
N.D.C.C. § 43-10.1-06.2 Orders and injunctions
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Whenever it appears to the commissioner either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any order of the commissioner issued pursuant to any s…
N.D.C.C. § 43-10.1-06.3 Investigations and subpoenas
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1. The commissioner in the commissioner's discretion: a. May make such public or private investigation within or outside this state as the commissioner deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or…
N.D.C.C. § 43-10.1-07 Prosecution for violations of law
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The commissioner may refer any evidence available concerning a violation of this chapter or of any rule or order issued under this chapter to the appropriate criminal prosecutor who, with or without the reference, may institute criminal proceedings under this chapter. The crimina…
N.D.C.C. § 43-10.1-07.1 Administration
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The commissioner has the power to promulgate rules and regulations having the force and effect of law, reasonably necessary to carry out the provisions of this chapter, in accordance with chapter 28-32. Any hearing held and any orders issued pursuant to this chapter must be in ac…
N.D.C.C. § 43-10.1-07.2 Statute of limitations
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No action may be brought under this chapter by the commissioner after five years from the date that the commissioner knew or reasonably should have known about the facts that are the basis for the alleged violation. This section does not apply to section 43-10.1-06.1.
N.D.C.C. § 43-10.1-08 Penalties
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1. Any person who willfully violates any provision of this chapter or any rule or order of the commissioner under this chapter is guilty of a class B felony. 2. An information must be filed or an indictment must be found under this chapter within five years after the commissioner…
N.D.C.C. § 43-12.1-01 Scope
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The practice of nursing is continually evolving and responding to changes within health care patterns and systems. There are overlapping functions within the practice of nursing and other providers of health care.
N.D.C.C. § 43-12.1-02 Definitions
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In this chapter, unless the context otherwise requires: 1. "Advanced practice registered nurse" means an individual who holds a current license to practice in this state as an advanced practice registered nurse within one of the roles of certified nurse practitioner, certified re…
N.D.C.C. § 43-12.1-03 License or registration required - Title - Abbreviation
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Any person who provides nursing care to a resident of this state must hold a current license or registration issued by the board. It is unlawful for a person to practice nursing, offer to practice nursing, assist in the practice of nursing, or use any title, abbreviation, or desi…
N.D.C.C. § 43-12.1-04 Persons exempt from provisions of chapter
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This chapter does not apply to a person that is not licensed or registered under this chapter and is: 1. A person that performs nursing interventions in cases of emergency or disaster. 2. A student practicing nursing as a part of an in-state board-approved nursing education progr…
N.D.C.C. § 43-12.1-05 Board of nursing - Composition - Term of office
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There is a state board of nursing whose members must be appointed by the governor which must consist of five registered nurses, one advanced practice registered nurse, two licensed practical nurses, and one public member. Each board member must be appointed for a term of four yea…
N.D.C.C. § 43-12.1-06 Qualifications of board members
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1. Each registered nurse must be an eligible voting resident of this state, possess an unencumbered registered nurse license under this chapter, and be currently engaged in practice as a registered nurse. A majority of the members under this subsection must be actively engaged in…
N.D.C.C. § 43-12.1-07 Compensation of board members
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A member of the board is entitled to receive compensation in an amount fixed by the board for each day or portion of a day the member is actually engaged in the performance of official duties and such mileage reimbursement as is provided for in section 54-06-09. In addition, the …
N.D.C.C. § 43-12.1-08 Duties of the board
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1. The board shall regulate the practice of nursing as provided in this chapter. 2. The board shall: a. Enforce this chapter. b. Adopt and enforce administrative rules necessary to administer this chapter after collaborating and consulting with North Dakota nursing organizations …
N.D.C.C. § 43-12.1-08.1 Prescriptive practices for registered nurses with advanced licenses
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Repealed by S.L. 1995, ch. 403, § 17.
N.D.C.C. § 43-12.1-08.2 Nursing needs study
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Expired under S.L. 2001, ch. 373, § 2.
N.D.C.C. § 43-12.1-09 Initial licensure and registration
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1. The board shall license nurses and register unlicensed assistive person applicants. The board shall adopt and enforce administrative rules establishing qualifications for initial nursing licensure and unlicensed assistive person registration and for issuing limited licenses an…
N.D.C.C. § 43-12.1-09.1 Nursing licensure or registration - Criminal history record checks
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The board shall require each applicant for initial licensure and registration, including applicants for a multistate license under chapter 43-12.4, to submit to a statewide and nationwide criminal history record check. The board may require any licensee or registrant who is renew…
N.D.C.C. § 43-12.1-10 Renewal of license or registration - Reactivation
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1. The board shall renew a current license to practice as an advanced practice registered nurse, specialty practice registered nurse, registered nurse, or licensed practical nurse if the licensee submits a renewal application, submits the appropriate fee established by the board,…
N.D.C.C. § 43-12.1-11 Duties of licensees and registrants
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Each individual licensed or registered by the board shall provide information requested by the board at the time of renewal or reactivation. Each individual licensed or registered by the board shall report to the board any knowledge of the performance of those acts or omissions t…
N.D.C.C. § 43-12.1-12 Emergency treatment by nurses
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A nurse licensed under this chapter, who, in good faith, provides nursing care at the scene of an emergency, may provide only that nursing care as in the nurse's judgment is at the time indicated. In the event of a disaster, a licensed nurse may initiate any therapeutic measure t…
N.D.C.C. § 43-12.1-13 Disciplinary proceedings
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Disciplinary proceedings under this chapter must be conducted in accordance with chapter 28-32. Fees for each separate violation or the assessment of costs and disbursements, or both, may be imposed against a respondent in addition to any licensure or registration sanctions the b…
N.D.C.C. § 43-12.1-13.1 Emergency treatment by nurses
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Repealed by S.L. 1995, ch. 403, § 17.