Title 43 — Occupations and Professions

1. A person may not practice audiology or speech-language pathology, assist in the practice of speech-language pathology, or represent the person is an audiologist, speech-language pathologist, or speech-language pathology assistant in this state unless licensed in accordance wit…

To be eligible for licensure by the board as an audiologist, speech-language pathologist, or speech-language pathology assistant, an applicant shall meet all the following requirements: 1. Possess an appropriate degree from an educational institution recognized by the board. a. A…

1. The board may adopt rules establishing licensure requirements for applicants who hold a current license in good standing to practice as an audiologist, speech-language pathologist, or speech-language pathology assistant in a state or jurisdiction other than this state and who …

1. The board of examiners on audiology and speech-language pathology is hereby established. 2. The board is composed of eight members appointed by the governor. Appointees must be residents of this state for at least one year immediately preceding appointment and, except for the …

The board may hire employees to assist the board in carrying out the board's duties under this chapter and may adopt rules for: 1. Annual licensure. 2. Licensing fees not to exceed one hundred dollars per year. 3. Ethical standards of conduct. 4. Continuing competency and educati…

Repealed by S.L. 1983, ch. 489, § 11.

Board members are entitled to receive compensation per day in the amount provided for members of the legislative management under section 54-35-10 and are entitled to be reimbursed for mileage and travel expenses necessarily incurred in the conduct of board business at the same r…

1. A separate examination is required for licensure in speech-language pathology or audiology. An individual may be licensed in both areas if that individual meets the respective qualifications of each area. 2. The speech-language pathology examination and the audiology examinati…

Repealed by S.L. 1983, ch. 489, § 11.

Repealed by S.L. 1983, ch. 489, § 11.

Repealed by S.L. 1983, ch. 489, § 11.

1. The board may refuse to issue or renew a license, suspend or revoke a license, or take other disciplinary action against a licensee if the licensee or applicant for license engaged in unprofessional conduct. Unprofessional conduct includes: a. Obtaining a license by means of f…

Repealed by S.L. 1983, ch. 489, § 11.

Repealed by S.L. 1983, ch. 489, § 11.

Repealed by S.L. 1983, ch. 489, § 11.

Repealed by S.L. 1983, ch. 489, § 11.

Any person that violates this chapter is guilty of a class A misdemeanor.

In this chapter unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Electrologist" means a qualified and licensed person proficient in the removal of hair by means of the electric needle. 3. "Electrolysis…

1. The department shall establish standards, rules, and regulations that are found necessary for the maintenance of public health, including sanitation and disease control. The department has the following powers: a. To establish minimum age levels. b. To establish education and …

Any person who holds out as an electrologist or an electronic hair removal technician without having met the requirements and without an annual license or violates any of the provisions of this chapter or rules and regulations promulgated hereunder is guilty of an infraction.

1. "Athletic trainer" means an individual with specific qualifications set forth in section 43-39-05, who is providing athletic training. 2. "Athletic training" means doing any of the following under the guidance of a physician: a. Preventing, recognizing, and evaluating injuries…

1. The North Dakota board of athletic trainers shall consist of five members, comprising one licensed physician, one layperson, and three athletic trainers. Each member must be appointed by the governor. The members, other than the layperson, must be appointed from lists submitte…

The board shall keep a record of its proceedings under this chapter and a record of all persons licensed by the board. The record must show the name of every living licensee and the licensee's last-known place of employment and last-known place of residence and the date and numbe…

1. A person may not practice athletic training or hold that person out as being an athletic trainer in this state unless that person is an individual licensed in accordance with this chapter. 2. A person may not consult, teach, or supervise or hold that person out as being able t…

To be eligible for an athletic trainer license, an applicant must meet all the requirements of certification established by the board of certification, incorporated.

1. An applicant for an athletic trainer license must submit an application to the board on forms prescribed by the board and submit the application fee required. 2. An applicant is entitled to an athletic trainer license if the applicant possesses the qualifications set forth in …

Repealed by S.L. 2013, ch. 332, § 6.

All license applicants must have previously passed the board of certification, incorporated, examination.

1. A license issued pursuant to this chapter expires one year from the date of issuance. 2. Licenses must be renewed according to the procedures established by the board. 3. A previously licensed person who has requested license renewal must have active status from the board of c…

Any person practicing as an athletic trainer without a license as required by this chapter is guilty of a class B misdemeanor.

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the board of occupational therapy practice. 2. "Occupational therapist" means a person licensed to practice occupational therapy under this chapter. 3. "Occupational therapy aide" m…

A person may not practice occupational therapy or hold out as an occupational therapist, or as being able to practice occupational therapy, or to render occupational therapy services in this state unless that person is licensed under this chapter. Only individuals may be licensed…

This chapter does not prevent or restrict the practice, services, or activities of: 1. Services by a person licensed by the state and working within the standards and ethics of that person's profession, if that person does not represent to the public that the person is an occupat…

1. A person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program may perform occupational therapy services if the services are a part of the student's supervised course of study, provided…

1. There is established a board of occupational therapy practice. The board shall consist of five members appointed by the governor, all of whom must be residents of this state. The occupational therapy practitioners appointed must have been engaged in rendering occupational ther…

The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications, and approve the examinations for licensure under this chapter. The board shall keep any records and minutes as are necessary to carry out its functions. The board may:…

1. The board may employ an executive secretary and other officers and employees it deems necessary. 2. The board shall adopt a seal by which it authenticates its proceedings. 3. All funds collected or received by the board must be deposited and disbursed in accordance with sectio…

The board shall prescribe by rule the fee for application for examination, the initial license fee, the renewal of license fee, the late renewal fee, and the limited permit fee. These fees must be set in such an amount as to reimburse the board, to the extent feasible, for the co…

An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file a written application provided by the board, demonstrating to the satisfaction of the board that the applicant: 1. Is competent. 2. Will adhere to the code of ethic…

Repealed by S.L. 1999, ch. 394, § 16.

Internationally trained occupational therapists and occupational therapy assistants shall satisfy requirements equivalent to those contained in section 43-40-08.

1. A person satisfying the requirements of section 43-40-08 may apply for examination in the manner the board prescribes. The application must be accompanied by the nonrefundable fee prescribed under section 43-40-07. 2. The board shall approve an examination for occupational the…

The board may waive the examination, education, or experience requirements and grant a license to any applicant who presents proof of current licensure or registration as an occupational therapist or occupational therapy assistant in another state which requires standards for lic…

1. The board may grant a limited permit to a person who has completed the education and experience requirements of this chapter. A limited permit allows the person to practice occupational therapy under supervision of a North Dakota licensed occupational therapist. A limited perm…

The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed license fee.

1. Any license issued under this chapter is subject to biennial renewal and expires unless renewed in the manner prescribed by the rules of the board. The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules, but late ren…

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke a license or may impose probationary conditions if the licensee or applicant for license has been found guilty of unprofessional conduct. Unprofessional conduct includes: a. Obtaining a licen…

1. A person 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 licensee of the complaint and request a written response from the licensee. A licensee who is the su…

The board may impose a fee against any person subject to regulation under this chapter to reimburse the board for all or part of the costs of administrative action resulting in disciplinary action, including the cost of investigation, the amount paid for services from the office …

Any person who violates section 43-40-02 is guilty of a class B misdemeanor. In addition to the criminal penalty provided, the civil remedy of an injunction is available to restrain and enjoin violations of any provisions of this chapter.