Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-13-11 Records of board
0.4K chars
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
0.3K chars
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
3.3K chars
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
0.2K chars
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
0.2K chars
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
0.4K chars
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
0.1K chars
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
0.6K chars
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
1.3K chars
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
0.9K chars
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
0.2K chars
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
1.6K chars
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
1.7K chars
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
0.0K chars
Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-24 Revocation of license - Hearing - Procedure - Witnesses - Expenses
0.0K chars
Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-25 Determination of board constitutes revocation of license
0.0K chars
Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-26 Revocation of license - Appeal
0.0K chars
Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-13-26.1 Impaired optometrists
2.2K chars
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
0.1K chars
Any person who violates any provision of this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 43-13-28 Prohibitions
1.8K chars
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
0.6K chars
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
0.0K chars
Repealed by S.L. 2019, ch. 349, § 6.
N.D.C.C. § 43-15-01 Definitions
13.1K chars
In this chapter, unless the context or subject matter otherwise requires: 1. "Administration" means the direct application of a drug to the body of a patient. The term includes: a. The emergency maintenance of a drug delivery device used in home infusion therapy by a qualified ho…
N.D.C.C. § 43-15-02 Exemptions
1.0K chars
The provisions of this chapter shall not apply to the following: 1. A duly licensed practitioner of medicine supplying the practitioner's own patients with such remedies as the practitioner may desire. 2. The exclusive wholesale business of any dealer. 3. The keeping for sale and…
N.D.C.C. § 43-15-03 Board of pharmacy - Appointment
0.3K chars
The state board of pharmacy consists of seven members appointed by the governor. Five members of the board must be licensed pharmacists, one member must be a registered pharmacy technician, and one member must represent the public and may not be affiliated with any group or profe…
N.D.C.C. § 43-15-04 State board of pharmacy - Term of office - Vacancies
0.4K chars
The members of the board must be appointed for terms of five years each, with the terms of office so arranged that one term only expires on the eighth day of May of each year. Each member of the board shall qualify by taking the oath required of civil officers and shall hold offi…
N.D.C.C. § 43-15-05 Compensation of board - Disposition of fees
0.4K chars
Each member of the board shall receive a per diem of two hundred dollars for attendance at board meetings, and all actual and necessary expenses incurred in attending such meetings and in performing other official duties. The mileage and travel expense allowed may not exceed the …
N.D.C.C. § 43-15-06 Organization of board
1.8K chars
1. At the first regular meeting of the board after the appointment and qualification of a new member for a full term, the board shall elect a president, a secretary, and a treasurer. The president must be chosen from the membership of the board, but any suitable person, whether a…
N.D.C.C. § 43-15-07 Officers of board - Bond - Duties - Compensation
0.4K chars
The secretary and treasurer of the board each must be bonded for the faithful discharge of their duties in the penal sum of not less than two thousand dollars. The president, secretary, and treasurer of the board shall perform such duties as the board may prescribe. Officers of t…
N.D.C.C. § 43-15-08 Oaths - President may administer
0.2K chars
The president of the board may administer oaths to applicants for registration and to any witness in hearings, investigations, or proceedings pending before the board.
N.D.C.C. § 43-15-09 Meetings - When held - Notice - Quorum
0.6K chars
The board shall hold at least two and not more than four meetings in each calendar year for the examination of applicants for licensure. The board may hold such other meetings as may be necessary for the performance of its duties. A special meeting must be held at such time and p…
N.D.C.C. § 43-15-10 Powers of board
11.8K chars
In addition to other powers provided by law, the board shall have the following powers and duties, which shall be exercised in conformity with chapter 28-32 in order to protect the public health, welfare, and safety: 1. To place on probation, reprimand, or fine any pharmacy, phar…
N.D.C.C. § 43-15-11 Fees deposited with state treasurer - Separate fund - Vouchers
0.0K chars
Repealed by S.L. 1971, ch. 510, § 15.
N.D.C.C. § 43-15-12 State board of pharmacy - Report
0.1K chars
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. § 43-15-13 State board of pharmacy - When members may teach pharmacy
0.0K chars
Repealed by S.L. 1995, ch. 407, § 1.
N.D.C.C. § 43-15-13.1 North Dakota pharmaceutical association - How governed
0.0K chars
Repealed by S.L. 2009, ch. 365, § 5.
N.D.C.C. § 43-15-13.2 Membership of North Dakota pharmaceutical association
0.0K chars
Repealed by S.L. 2009, ch. 365, § 5.
N.D.C.C. § 43-15-13.3 Rights of members of pharmaceutical association
0.3K chars
Repealed by S.L. 2009, ch. 365, § 5. 43-15-13.4. Moneys payable from board of pharmacy to North Dakota pharmaceutical association. Repealed by S.L. 2009, ch. 365, § 5. 43-15-13.5. Method of expenditure of association's funds - Annual report of receipts and disbursements. Repealed…
N.D.C.C. § 43-15-13.6 No liability upon state created by provisions of chapter
0.0K chars
Repealed by S.L. 2009, ch. 365, § 5.
N.D.C.C. § 43-15-14 Unlawful practice of pharmacy
1.4K chars
1. Applicability. No person may engage in the practice of pharmacy unless licensed to practice pharmacy under this chapter, except that a registered pharmacy technician may perform specific tasks delegated by and under the immediate personal supervision and control of a licensed …
N.D.C.C. § 43-15-15 Qualifications of licensed pharmacist
1.9K chars
Every applicant for license as a pharmacist in this state shall have the following qualifications: 1. Be at least eighteen years of age. 2. Be of good moral character. 3. Be a graduate of a school or college of pharmacy recognized by the board as an approved school. Any applicant…
N.D.C.C. § 43-15-16 Exception to qualificational requirements
0.5K chars
Any person qualified to take the examination for licensure as a pharmacist in this state under the law in effect prior to July 1, 1927, who failed to apply for the examination, upon due proof to the board that the person was so qualified and that the person is a bona fide residen…
N.D.C.C. § 43-15-17 Qualifications for assistant registered pharmacist
0.0K chars
Repealed by S.L. 1979, ch. 467, § 16.
N.D.C.C. § 43-15-18 License of pharmacy intern
0.8K chars
To register in this state a pharmacy intern must have completed one year of college, be registered in a prepharmacy program, and must be employed by a licensed pharmacist. At the date of entering into internship, an intern shall file with the executive director of the board the f…
N.D.C.C. § 43-15-18.1 Conviction not bar to license - Exceptions
0.3K chars
Conviction of an offense does not disqualify a person from licensure 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 pharmacist or that, following conviction of any offense, the person is not su…
N.D.C.C. § 43-15-19 Examination for license
0.3K chars
Except as otherwise provided in this chapter, every applicant for licensure as a pharmacist, before receiving a license from the board, shall pass such an examination as to the applicant's education and professional qualifications as the board shall prescribe.
N.D.C.C. § 43-15-20 Fees for examination
0.4K chars
Each applicant for licensure as a pharmacist in this state shall pay to the secretary of the board before examination a fee to be set by the board not to exceed three hundred dollars. If the applicant fails to pass a satisfactory examination, the applicant may be re-examined at a…
N.D.C.C. § 43-15-21 License - Issuance
0.3K chars
The board shall cause to be issued to each pharmacist in this state whom it finds entitled thereto, a license showing: 1. The date of issue. 2. The fact that the person to whom it was issued is a licensed pharmacist. 3. The residence of the person to whom the license was issued. …
N.D.C.C. § 43-15-22 Licensing without examination
1.0K chars
The board, without examination, may register and issue a license as a pharmacist to any person of good moral character who presents to the board satisfactory evidence that before coming to this state the applicant legally had been licensed as a pharmacist in another state or fore…
N.D.C.C. § 43-15-23 Temporary certificate - How obtained
0.8K chars
The secretary of the board, or any member thereof, on request by the secretary in writing, may examine an applicant orally or in writing and issue a temporary certificate to practice pharmacy in this state. The certificate must authorize such practice and must be valid until the …