Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-33-14 Powers and duties of board
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The board shall: 1. Authorize all disbursements and collect fees necessary to carry out this chapter. 2. Supervise issuance of licenses and prepare and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination. 3. Register pers…
N.D.C.C. § 43-33-15 Board of hearing aid specialists
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1. There is established a board of hearing aid specialists to carry out this chapter. 2. Members of the board must be residents of the state. The board consists of four licensees who are not audiologists or otolaryngologists, one otolaryngologist, three licensees who are audiolog…
N.D.C.C. § 43-33-16 Duties of the board
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Repealed by S.L. 1991, ch. 474, § 17.
N.D.C.C. § 43-33-17 Meetings of board
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The board shall meet not less than twice each year at a place, day, and hour determined by the board. The board shall also meet at such other times and places as are necessary.
N.D.C.C. § 43-33-18 Violations - Penalty - Injunction
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Any person who fits or dispenses hearing instruments without a license or trainee permit as provided in this chapter or who violates section 43-33-13 is guilty of a class B misdemeanor. In addition to the criminal penalties provided, the civil remedy of injunction is available to…
N.D.C.C. § 43-33-19 Severability clause
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Repealed by S.L. 1983, ch. 82, § 154.
N.D.C.C. § 43-34-01 Definitions
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For the purposes of this chapter and as used herein: 1. "Board" means the North Dakota state board of examiners for nursing home administrators hereinafter created. 2. "Nursing home" means any institution or facility defined as such for licensing purposes under North Dakota state…
N.D.C.C. § 43-34-02 Composition of the board
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There is hereby created the state board of examiners for nursing home administrators which consists of nine members. 1. Two members of the board must be the state health officer and the commissioner of the department of health and human services or the members' designees. 2. One …
N.D.C.C. § 43-34-03 Qualifications for licensure
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The board may issue licenses to qualified individuals entitling the individuals to serve and practice nursing home administration or otherwise hold themselves out as duly licensed nursing home administrators, and shall establish qualification criteria for such individuals by rule…
N.D.C.C. § 43-34-03.1 Conviction not bar to licensure - Exceptions
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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 nursing home administrator, or that, following conviction of any offense, the…
N.D.C.C. § 43-34-03.2 Criminal history record checks
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The board shall require an applicant for licensure under section 43-34-04, 43-34-11, or 43-34-12 to submit to a statewide and nationwide criminal history record check. The board may require any licensee to submit to a statewide and nationwide criminal history record check. The na…
N.D.C.C. § 43-34-04 Licensing function
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The board shall license nursing home administrators in accordance with rules and regulations issued, and from time to time revised by it. A nursing home administrator's license is not transferable and is valid until surrendered for cancellation or suspended or revoked for violati…
N.D.C.C. § 43-34-05 License fees
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Each individual licensed as a nursing home administrator shall pay a license fee in an amount to be fixed by the board, which may not exceed two hundred fifty dollars per annum.
N.D.C.C. § 43-34-06 Fund created
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Repealed by S.L. 1971, ch. 510, § 15.
N.D.C.C. § 43-34-07 Organization of board
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The board shall elect from its membership a chairman, vice chairman, and secretary-treasurer, and shall adopt rules and regulations to govern its proceedings. Each member shall receive, as compensation for the member's services, an amount agreed upon by the board but not to excee…
N.D.C.C. § 43-34-08 Exclusive jurisdiction of board
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The board shall have sole and exclusive authority to determine the qualifications, competence, and fitness of any person to serve as an administrator of a nursing home under the provisions of this chapter, and the holder of a license under the provisions of this chapter must be d…
N.D.C.C. § 43-34-09 Duties of the board
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The board has the duty and responsibility to: 1. Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards must be designed to ensure that nursing home administrators will be individuals …
N.D.C.C. § 43-34-10 Renewal of license
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Every holder of a nursing home administrator's license shall renew it annually, by making application to the board. Such renewals must be granted as a matter of course, unless the board finds, after due notice and hearing, that the applicant has acted or failed to act in such man…
N.D.C.C. § 43-34-11 Emergency licenses
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In the event of an unexpected vacancy in a nursing home administrator's position, the owner, the governing body, or other appropriate authority of the nursing home may designate an acting administrator to whom the board may issue an emergency license. This emergency license is in…
N.D.C.C. § 43-34-12 Licensure of individuals licensed in other jurisdictions
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The board may issue a nursing home administrator's license, without examination, to any individual who holds a current license as a nursing home administrator from another jurisdiction, if the board finds that the standards for licensure in the other jurisdiction are at least the…
N.D.C.C. § 43-34-13 Offense - Penalty
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It is a class A misdemeanor for any person to act or serve in the capacity as a nursing home administrator unless that person is the holder of a license as a nursing home administrator, issued in accordance with the provisions of this chapter.
N.D.C.C. § 43-34-14 Laws in conflict repealed
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All laws and parts of laws in conflict with any of the provisions of this chapter are hereby repealed.
N.D.C.C. § 43-36-01 Definitions
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Unless the context or subject matter otherwise requires: 1. "Board" means the state board of registration for professional soil classifiers hereinafter provided in this chapter. 2. "Kind of soil" is a group of natural bodies that has a discrete combination of landscape, morpholog…
N.D.C.C. § 43-36-02 Board - Appointments - Terms
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A state board of registration for professional soil classifiers is hereby created whose duty it is to administer the provisions of this chapter. The board consists of three professional soil classifiers appointed by the governor and two members at large appointed by the governor.…
N.D.C.C. § 43-36-03 Board - Qualifications
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Each member of the board must be a citizen of the United States and a resident of this state.
N.D.C.C. § 43-36-04 Board - Compensation and expenses
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Each member of the board is entitled to receive compensation at the rate of sixty-two dollars and fifty cents per day and reimbursement for expenses as provided by law for state officers, if attending board meetings or performing duties directed by the board.
N.D.C.C. § 43-36-05 Board - Removal of members - Vacancies
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The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any sufficient cause in the manner prescribed by law for the removal of state officials. Vacancies in the membership of the board must be filled for the unexpired term by appoint…
N.D.C.C. § 43-36-06 Board - Organization and meetings
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The board shall hold at least two regular meetings each year. Special meetings may be held as the bylaws of the board provide. The board shall elect or appoint annually the following officers: a chairman, a vice chairman, and a secretary. A quorum of the board consists of three m…
N.D.C.C. § 43-36-07 Board - Powers
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The board has the power to administer this chapter under chapter 28-32 and: 1. To adopt and amend all bylaws, rules of procedure, and regulations to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the consti…
N.D.C.C. § 43-36-08 Receipts and disbursements
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The secretary of the board shall receive and account for all moneys derived under the provisions of this chapter and shall deposit and disburse the same in accordance with section 54-44-12. The secretary shall give a surety bond to the state in such sum as may be required by the …
N.D.C.C. § 43-36-09 Records and reports
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The board shall: 1. Keep a record of its proceedings and of all applications for registration which record must show the name, age, and last-known address of each applicant, the place of business of such applicant, the applicant's education, experience and other qualifications, t…
N.D.C.C. § 43-36-10 General requirements for registration - Professional soil classifier
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To be eligible for registration as a professional soil classifier or certification as a soil classifier-in-training, an applicant must be of good character and reputation and shall submit a written application to the board containing such information as the board may require, tog…
N.D.C.C. § 43-36-10.1 Conviction not bar to registration - Exceptions
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Conviction of an offense does not disqualify a person from registration 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 professional soil classifier, or that, following conviction of any offense…
N.D.C.C. § 43-36-11 Registration without examination - Reciprocity
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An applicant otherwise qualified must be admitted to registration as a professional soil classifier without examination upon payment of the required fees if: 1. The applicant is of good character, has been a resident of the state for at least one year immediately preceding the da…
N.D.C.C. § 43-36-12 Registration with examination - Professional soil classifier
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An applicant otherwise qualified must be admitted to registration as a professional soil classifier if the applicant has successfully passed an examination in the principles and practice of soil classifying as prescribed by the board and has one of the following additional qualif…
N.D.C.C. § 43-36-13 Qualifications of soil classifier-in-training
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Unless otherwise qualified, a person must be admitted to certification as a soil classifier-in-training, which certification is valid for four years, if the person is: 1. A graduate of a soils curriculum approved by the board and has passed an examination in the fundamentals of s…
N.D.C.C. § 43-36-14 Application for registration
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Application for registration as a professional soil classifier and for certification as a soil classifier-in-training must be on a form prescribed and furnished by the board, must contain statements made under oath showing the applicant's education, a detailed summary of the appl…
N.D.C.C. § 43-36-15 Registration fees
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1. The board shall establish registration fees provided: a. The registration fee for in-state professional soil classifiers must be at least fifty dollars but not more than three hundred dollars. b. The registration fee for in-state soil classifier-in-training certification or en…
N.D.C.C. § 43-36-16 Examinations
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Examinations must be held at such times and places as the board determines. Examinations required on fundamental soil subjects may be taken at any time prescribed by the board. The final examinations may not be taken until the applicant has completed a period of soil classifying …
N.D.C.C. § 43-36-17 Certificates
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The board shall issue a certificate of registration upon payment of the registration fee as provided for in this chapter to any applicant who in the opinion of the board has met the requirements of this chapter. Enrollment cards must be issued to those who qualify as soil classif…
N.D.C.C. § 43-36-18 Expirations and renewals
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Certificates of registration expire on the last day of the month of December following their issuance and become invalid after that date unless renewed. It is the duty of the secretary of the board to notify every person registered under this chapter of the date of the expiration…
N.D.C.C. § 43-36-19 Reissuance of certificates
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A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the board. A reasonable charge must be made for such issuance.
N.D.C.C. § 43-36-20 Code of ethics
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The board shall cause to have prepared and shall adopt a code of ethics a copy of which must be delivered to every registrant and applicant for registration under this chapter. Such delivery constitutes due notice to all registrants. The board may revise and amend this code of et…
N.D.C.C. § 43-36-21 Disciplinary action - Revocations, suspensions, or reprimands
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The board has the power to suspend, refuse to renew or revoke the certificate of registration of, or reprimand any registrant who is guilty of any of the following: 1. The practice of fraud or deceit in obtaining a certificate of registration. 2. Any gross negligence, incompetenc…
N.D.C.C. § 43-36-22 Disciplinary action - Procedure
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Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant. Such charges must be in writing and must be sworn to by the person or persons making them and must be filed with the s…
N.D.C.C. § 43-36-23 Right to practice
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No person may practice or offer to practice professional soil classifying as defined by this chapter unless the person is duly registered to practice under or exempt from the provisions of this chapter.
N.D.C.C. § 43-36-24 Exemptions
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This chapter shall not be construed to prevent or affect: 1. The practice or offer to practice soil classifying by a person not a resident or having no established place of business in this state provided such person is legally qualified by the provisions of this chapter to pract…
N.D.C.C. § 43-36-25 Violation - Penalty
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Any person who practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter, or any person using or employing the words "soil classifier" or "professional soil classifier" or any modificatio…
N.D.C.C. § 43-37-01 Policy
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Repealed by S.L. 2017, ch. 300, § 12.
N.D.C.C. § 43-37-02 Definitions
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As used in this chapter, unless the context or subject matter otherwise requires: 1. "Audiologist" means an individual licensed by the board to practice audiology. 2. "Audiology" means the application of principles, methods, and procedures of measurement, testing, evaluation, pre…