Title 43 — Occupations and Professions

In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the North Dakota board of social work examiners. 2. "Client" means the individual, couple, family, group, organization, or community that seeks or receives social work services from an indi…

1. Nothing in this chapter may be construed to prevent any person from doing work within the standards and ethics of that person's profession and calling, provided that the person does not present to the public, by title or description of services, that the person is engaging in …

1. Only those persons licensed to practice under this chapter may represent themselves as a licensed baccalaureate social worker, licensed master social worker, or licensed clinical social worker. 2. The license issued by the board under the provisions of this chapter must be pro…

1. Except as otherwise provided in this chapter, a person may not engage in social work practice in this state unless that person is a licensed baccalaureate social worker, a licensed master social worker, or a licensed clinical social worker. 2. To obtain a license to engage in …

The board shall set by rule the following fees: 1. Application fee. 2. License fee. 3. Renewal fee. 4. Late fee. 5. Administrative fees. 6. Continuing education fees.

1. The board shall require each applicant for licensure and may require any licensee to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided in section 12-60-24. All costs associa…

A person may not engage in the private practice of social work unless that person has been licensed by the board as a licensed clinical social worker.

1. The practice of social work in this state through electronic social work services or other means, regardless of the location of the practitioner, constitutes the practice of social work and is subject to this chapter. 2. The practice of social work by a practitioner in this ju…

Repealed by S.L. 1997, ch. 379, § 8.

1. An applicant may be granted a license upon: a. Satisfactory proof to the board that the applicant is licensed in good standing under the laws of another jurisdiction that imposes substantially the same requirements as this chapter; or b. Determination of the board that at the …

In addition to the duties set forth elsewhere in this chapter, the board shall: 1. Adopt rules to administer and carry out the provisions of this chapter. 2. Produce an annual list of the names and level of licensure of all persons licensed under this chapter and make the list av…

1. The board may deny, refuse to renew, suspend, revoke, reprimand, restrict, or limit the license of, or place on probationary status any license issued under this chapter on proof at a hearing the applicant or licensed person: a. Has been convicted of an offense determined by t…

1. Upon the filing of a written and signed complaint that alleges that a licensee practicing in this state has engaged in conduct identified as grounds for disciplinary action under section 43-41-10, and which sets forth information upon which a reasonable and prudent person migh…

An individual who has knowledge of conduct by an applicant or a licensee which may constitute grounds for disciplinary action under this chapter or the rules of the board or of any unlicensed practice under this chapter may report the violation to the board. An individual is immu…

A licensed social worker who has substantial evidence a licensee has an active addictive disease for which the licensee is not receiving treatment under a program approved by the board under an agreement entered under this section, is diverting a controlled substance, or is menta…

1. All licenses are effective when granted by the board. 2. All licenses of licensed baccalaureate social workers, licensed master social workers, and licensed clinical social workers expire on December thirty-first of every odd-numbered year. 3. A license may be renewed by payme…

Repealed by S.L. 1997, ch. 379, § 8.

Repealed by S.L. 2009, ch. 359, § 14.

Any person who violates subsection 1 of section 43-41-04 is guilty of a class B misdemeanor.

In this chapter, unless the context otherwise requires: 1. "Board" means the state board of respiratory care. 2. "Bona fide respiratory care training program" means a program of respiratory care education which is accredited by the commission on accreditation of respiratory care,…

1. The state board of respiratory care is responsible for the enforcement and administration of this chapter and for the adoption of any rules necessary to govern the practice of respiratory care in this state. 2. The board consists of seven members appointed by the governor. Fou…

1. The board shall license as a registered respiratory therapist any applicant whom the board determines to be qualified to perform the duties of a registered respiratory therapist. In making this determination, the board shall require evidence that the applicant has successfully…

The practice of respiratory care may be performed in hospitals, as ambulatory or in-home care, and in other settings where respiratory care is provided in accordance with a prescription of a licensed physician, certified nurse practitioner, or physician's assistant. In addition, …

1. After December 31, 2005, a person may not practice, nor represent that the person is able to practice, polysomnography unless licensed under this chapter as a registered polysomnographic technologist. A registered polysomnographic technologist may not practice respiratory care…

1. This chapter does not prohibit a person enrolled in a bona fide respiratory care training program from performing those duties essential for completion of a student's clinical service; provided, that the duties are performed under the supervision or direction of a physician or…

An applicant for licensure under this chapter may be granted a license upon satisfactory proof to the board that the applicant is licensed to practice respiratory care under the laws of another state which impose substantially the same requirements as this chapter, and upon payme…

Any person who practices polysomnography or respiratory care in violation of this chapter is guilty of an infraction.

The board may require any applicant or licensee under this chapter to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24. All costs associated with obtaining…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Advisory board" means the following or their appointed agents: state health officer or designee as chairperson, the commissioner of the North Dakota department of agriculture, and the president …

No person may engage in the practice of environmental health, nor use the title "environmental health practitioner" or the initials "E.H.P." or otherwise hold out as able to engage in the practice of environmental health unless the person is licensed pursuant to this chapter.

The advisory board shall meet at the request of the state health officer or designee to assist in implementation of duties as defined in section 43-43-04. The advisory board must be reimbursed for any necessary expenses, but shall serve without further compensation except as may …

The department of health and human services shall adopt rules consistent with and necessary for the implementation and enforcement of this chapter, including rules concerning the: 1. Qualifications and requirements for licensure under this chapter. 2. Application for licensure an…

The department of health and human services must license all persons actually engaged in the practice of environmental health in this state upon receipt of proof of a bona fide practice in this state; however, the applicant must file an application and present such proof prior to…

There must be maintained in the state treasury a special fund to be known as the environmental health practitioner licensure fee administrative fund. All money deposited or paid into this fund must be continuously available to the department of health and human services for reimb…

The department of health and human services may refuse to issue or renew a license or may suspend or revoke a license when the licensee or applicant for license has engaged in unprofessional conduct. Unprofessional conduct includes: 1. Obtaining a license by means of fraud, misre…

Any person who violates 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 dietetic practice. 2. "Board for certification of nutrition specialists" means the entity that serves as the credentialing agency for certified nutrition specialists. 3…

1. The governor shall appoint a board of dietetic practice, consisting of five members, all of whom must be residents of the state at the time of their appointment. The individuals appointed must have been engaged in the teaching or rendering of dietetics or nutrition to the publ…

1. The board shall administer, coordinate, and enforce this chapter, evaluate the qualifications, and approve an examination for licensure under this chapter. The board shall keep any records and minutes as are necessary to carry out the board's functions. 2. The board may: a. Is…

1. The board may employ an executive secretary and other officers and employees it deems necessary. 2. The executive secretary shall pay, upon approval of the board, all appropriate expenses incurred by the board in the administration of this chapter.

The board shall set and collect fees for application, initial license, renewal of license, late renewal, and provisional license. These fees must be set in such an amount not to exceed two hundred fifty dollars as to reimburse the board, to the extent feasible, for the cost of th…

1. Use of an earned, federally trademarked nutrition credential is not prohibited, but such use does not give an individual the right to practice dietetics or nutrition, provide medical nutrition therapy, or use the general titles of dietitian or nutritionist, unless an individua…

1. An applicant for licensure as a licensed nutritionist shall file a written application with the board, submit any fees required by the board, and submit proof of completion of the following requirements: a. Have received a master's or doctoral nutrition degree or validated for…

1. Applicants for licensure as a licensed registered dietitian shall file a written application with the board, submit any fees required by the board, and submit proof of completion of the following requirements: a. Have satisfactorily completed the education and experience requi…

Upon application of any person certified by the commission on dietetic registration of the academy of nutrition and dietetics or its predecessor or successor organization, the board may waive the examination, education, and experience requirements and grant the applicant a licens…

An individual who meets the requirements for licensure and holds a license as a licensed nutritionist on July 1, 2021, and is practicing or residing in this state on July 1, 2021, is eligible to maintain and renew a license as a licensed nutritionist if the applicant furnishes ev…

1. A licensed registered dietitian and licensed nutritionist shall provide nutrition care services using systematic, evidence-based, problem-solving methods of the nutrition care process to think critically and make decisions to address nutrition-related problems and provide safe…

This chapter does not prevent or restrict the practice, services, or activities of: 1. A licensed health care practitioner duly licensed in accordance with title 43 who is acting within the scope of the individual's licensed profession, consistent with the accepted standards of t…

1. A qualified supervisor must be licensed in this state if supervising an applicant providing medical nutrition therapy to an individual in this state. A qualified supervisor who obtained a doctoral degree outside the United States must have a degree validated by the board as eq…

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