Title 43, Occupations and Professions

A foreign practitioner may provide veterinary services in this state which fall within the scope of practice designated by the foreign practitioner's license and by this chapter without obtaining a license from the board if the services are provided through telehealth and are a c…

1. A veterinary technician license expires annually on December thirty-first. 2. A veterinary technician license may be renewed by submission of the following to the board, no later than December thirty-first: a. A complete renewal application; b. Payment of a renewal fee establi…

1. A veterinarian-client-patient relationship may not be established unless the veterinarian has sufficient knowledge of the patient to initiate a general or preliminary diagnosis of the medical condition of the patient. To establish a veterinarian-client- patient relationship, t…

The provision of veterinary services to a patient in this state which fall within the standard of practice of veterinary medicine regardless of the means by which the services are provided or the physical location of the person providing those services, constitutes the practice o…

1. The following individuals may not be considered to be engaging in the practice of veterinary medicine in this state: a. An individual who treats animals, owned by themselves or the individual's regular employer, except if ownership of the animal was transferred or otherwise ma…

1. The provision of a recognized animal service does not constitute the practice of veterinary medicine if provided by an individual who is not a veterinarian or veterinary technician and not otherwise excepted from the practice of veterinary medicine under section 43-29-13. 2. F…

1. The following individuals may not be considered to be engaging in the practice of veterinary technology in this state: a. An individual who treats an animal owned by the individual or the individual's regular employer, except if ownership of the animal was transferred or other…

1. The board may refuse to issue a license or temporary license, or may suspend or revoke a license or temporary license, upon any of the following grounds: a. Fraud or deception in procuring the license, including conduct that violates the security or integrity of any licensing …

1. An individual 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 veterinarian or veterinary technician of the complaint and request a written response from the …

1. A veterinarian or veterinary technician may voluntarily self-report or self-refer to a treatment or monitoring program approved or contracted by the board to seek assistance for a potential or existing impairment due to a mental health or substance use disorder. 2. A veterinar…

1. All proceedings relative to the issuance, revocation, or suspension of a license, or relative to reissuing a license that has been revoked must be conducted pursuant to chapter 28-32. An appeal from the final decision of the board in any matter covered by this chapter may be t…

1. Any animal placed in the custody of a veterinarian for treatment, boarding, or other care, which is abandoned by the client for a period of more than ten days after a written notice, by registered or certified letter, return receipt requested, is mailed to the client at the la…

1. An individual is guilty of a class B misdemeanor if the individual: a. Practices veterinary medicine in this state without compliance with the provisions of this chapter; b. Willfully and falsely claims or pretends to have or hold a license or temporary license issued by the b…

1. An individual is guilty of a class B misdemeanor if the individual: a. Practices veterinary technology in this state without compliance with the provisions of this chapter; b. Willfully and falsely claims or pretends to have or hold a license issued by the board; or c. Willful…

The following individuals are immune from liability in any civil or criminal proceeding brought against the individual for any action occurring while the individual was acting in good faith within the scope of the individual's respective capacity: 1. A member of the board; 2. A m…

1. Except as provided under subsection 2, a veterinary prescription drug must be dispensed, used, or prescribed within the context of a veterinarian-client-patient relationship. 2. Other than a controlled substance, a veterinarian may dispense a veterinary prescription drug witho…

1. A veterinarian shall establish a veterinarian-client-patient relationship by virtue of a medically appropriate and timely in-person examination of a patient by the veterinarian, or by a timely in-person visit to the premises where the patient is managed or resides before the p…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the private investigative and security board. 2. "Employee" means an employee under a contract of employment as defined in chapter 34-01, and not an independent contractor as define…

This chapter does not apply to: 1. Any investigator or officer directly employed by or under any direct contract with the federal government, state, or any county or city thereof, appointed, elected, or contracted with, by due authority of law, while engaged in the performance of…

This chapter does not apply to a person testing for fair housing law compliance who is employed by or volunteers with an organization recognized for this purpose under federal or state law and who meets the requirements, except for actual registration, of a registered private inv…

A proprietary employer is a person who employs an individual to provide security for that person's own property or protection. A proprietary employer is not required to be licensed as a private security service if the employer does not offer or provide security services to others…

The governor shall appoint a private investigative and security board. The board must consist of not fewer than five nor more than eleven members appointed for staggered four-year terms. When making appointments, the governor shall consider whether there is member representation …

1. The board shall establish by rule the qualifications and procedures for classifying, qualifying, licensing, bonding, and regulating persons providing private investigative and security services, including armed security personnel. The rules adopted under this section addressin…

The board may adopt rules establishing the requirements for the continuing education of persons licensed under this chapter. The board may refuse to renew, suspend, or revoke any license issued under this chapter or place on probationary status any licensee on proof that the lice…

A person may not provide private investigative or security services without a license issued by the board. Notwithstanding any other law or ordinance, a person may not be required to obtain a license to provide private investigative or security services in this state other than t…

The board may issue a temporary license or registration upon payment of the required application fee and satisfaction of all other requirements set by the board for licensure or registration under this chapter except for completion of a nationwide criminal history record check on…

Notwithstanding section 12.1-13-04, the board may issue a license to an individual who is a peace officer if the license issued to that peace officer under chapter 12-63 is on inactive status.

Every person who desires to obtain a license or registration, including nonlicensed members, partners, officers, and owners of at least ten percent interest in the entity, shall apply to the board on applications prepared and furnished by the board. Each application must include …

If a loss of a license is shown to the satisfaction of the board, a duplicate thereof must be issued by the board upon payment of the required fee.

The board may establish by rule the procedures to be followed by a private investigator to operate a detective agency.

Any person who violates this chapter or rules adopted under this chapter, or any person who provides a private investigative service or private security service without a current license issued by the board, or falsely states or represents that the person has been or is an invest…

1. The board may issue a citation to a person who the board finds probable cause to believe has violated section 43-30-10. 2. A citation must be in writing and describe with particularity the nature of the violation. The citation must also inform the person of the provisions of s…

A license to provide private investigative or security services must be renewed on an annual basis ending on September thirtieth of each year. License fees must be prorated for the portion of each license period the license is in effect.

The board may refuse to renew, suspend, or revoke a license, or place on probationary status any licensee, or issue a letter of reprimand to any licensee, for any one or any combination of the following causes: 1. Fraud in obtaining a license. 2. Violation of this chapter or rule…

The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute a violation of this chapter or rules adopted by the board, investigate the actions of any person holding or claiming to hold …

The board may subpoena any person in this state and take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this state.

Chapter 28-32 governs the procedures under this chapter. Any decision made by the board under section 43-30-12 is governed by chapter 28-32.

The board may charge the following fees: 1. The fee to be paid by an applicant for an examination to determine the applicant's fitness to receive a license as a private investigator or a license to provide private security services is one hundred fifty dollars. 2. The fee to be p…

As used in this chapter, unless the context otherwise requires: 1. "Detection of deception examiner" or "examiner" means any person who uses any device or instrument to test or question individuals for the purpose of detecting deception. 2. "Internship" means the study of polygra…

Every examiner shall use an instrument which records physiologic activity with four sensors: a blood pressure cuff, electrodermal sensors, and two respirator sensors, but such an instrument may record additional physiological changes pertinent to the detection of deception. An ex…

It is unlawful for any person to administer detection of deception examinations, or attempt to hold out as an examiner, without a license issued by the attorney general of the state.

Applications for licenses must be made to the attorney general in writing on forms prescribed by the attorney general and must be accompanied by the required fee, which is not returnable. Any such application must require such information as in the judgment of the attorney genera…

The license of an examiner which has not been revoked or is not suspended must be renewed annually upon payment of the required fee by the examiner.

Each nonresident applicant for an original license or a renewal license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county of this state in which the plaintiff resides or in which some part of the transaction o…

An individual is qualified to receive a license as an examiner if the applicant: 1. Is at least twenty-one years of age. 2. Within the last five years has not pled guilty or nolo contendere to, been found guilty of, or been released from incarceration or probation for, violation …

An examiner whose license has expired may be reinstated at any time within one year after the expiration thereof, by making a renewal application therefor and by paying the renewal license fee.