Title 43 — Occupations and Professions

An applicant for a provisional license shall file a written application with the board, submit any fees required by the board, complete a criminal history background check if requested by the board, and submit evidence of successful completion of the academic and supervised pract…

The board shall grant a license to an applicant who presents proof of current licensure in good standing without any limitations on the license, as a dietitian or nutritionist in another state that has licensure requirements considered by the board to be at least as stringent as …

Any license issued under this chapter expires one year after it is issued 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 no late renewal of…

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke a license, or may impose probationary conditions on a licensee if the licensee or applicant has been found guilty of unprofessional conduct which has endangered or is likely to endanger the h…

The civil remedy of injunction is available to the board to restrain and enjoin violations of this chapter. The board may apply to an appropriate court for an order enjoining violations of this chapter, and upon a showing by the board that a person has violated or is about to vio…

A person that violates this chapter is guilty of a class B misdemeanor. Each act of such unlawful practice constitutes a distinct and separate offense.

The board may assess the attorney fees of disciplinary actions against a licensee or person found to be in violation of this chapter or rules adopted by the board. Costs recovered pursuant to this section are the property of the board.

1, The provision of medical nutrition therapy and nutrition care services for the purpose of treating or managing a disease or medical condition provided by way of telehealth to an individual in this state is not prohibited under this chapter if: a. Telehealth is appropriate for …

Upon prior written application to the board, a foreign practitioner practicing under this section may provide medical nutrition therapy or nutrition care services for the purpose of treating or managing a disease or medical condition in this state under section 43-51-05 if the pr…

1. The board may require an applicant for licensure or renewal 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. Refusal to consent to a criminal histor…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Addiction counseling" means the provision of counseling or assessment of an individual regarding a substance-related or addictive disorder identified by the "Diagnostic and Statistical Manual of…

The governor shall appoint a seven-member board of addiction counseling examiners. The membership must include: 1. Five members who are licensees actively engaged in the practice of addiction counseling, one of whom must be actively engaged in the private practice of addiction co…

The governor shall appoint new board members. Appointments must be for three-year terms, but an individual may not be appointed to serve for more than two consecutive terms. Terms begin on the first day of the calendar year and end on the last day of the calendar year or until su…

1. The board shall: a. Administer and enforce the provisions of this chapter. b. Evaluate the qualifications of applicants for a license to practice addiction counseling and issue addiction counselor, licensed clinical addiction counselor, and masters addiction counselor licenses…

1. The board shall meet at least quarterly. A majority of the members constitute a quorum. 2. Each board member shall serve without compensation but is entitled to receive expenses as provided in section 54-06-09.

1. The board shall issue an initial license as an addiction counselor, licensed clinical addiction counselor, or masters addiction counselor to an applicant who has met all of the following requirements: a. Successfully completed board-approved coursework at an accredited college…

1. A person may not represent to the public that the person is an addiction counselor, a licensed clinical addiction counselor, or a masters addiction counselor or engage in the practice of addiction counseling in this state unless the person is a licensee. 2. The license issued …

A person may not engage in the private practice of addiction counseling unless that person is an individual registered with the board as eligible for private practice under criteria established by board rule. 43-45-05.4. Addiction counseling internship - Loan program - Revolving …

1. This chapter may not be construed to prevent an individual from doing work within the standards and ethics of that individual's profession if that individual does not represent to the public, by title or by use of the initials L.A.C., L.C.A.C., or M.A.C., that the individual i…

1. All licenses are effective when granted by the board. 2. All licenses issued by the board expire on December thirty-first of every odd-numbered year. 3. A license may be renewed by payment of the renewal fee and completion of the continuing education requirements set by the bo…

1. The board may deny an application and may refuse to renew, suspend, revoke, or place on probationary status any license issued under this chapter on proof at a hearing the applicant or holder of the license engaged in unprofessional conduct. Unprofessional conduct includes: a.…

1. A person with knowledge of any conduct constituting grounds for discipline under this chapter may report the violation to the board. 2. A hospital, clinic, or other health care facility, institution, or organization shall report to the board any action taken by the hospital, c…

1. A person may file a written complaint with the board citing specific allegations of unprofessional conduct by a licensee. The board shall notify the licensee of the complaint and request a written response from the licensee. 2. The board may investigate a complaint on its own …

1. Under section 43-45-05.1, the board shall issue an initial license as a licensed clinical addiction counselor to a qualified applicant who: a. Applies for licensure under this section before January 1, 2024; b. On December 31, 2018, was licensed in this state as an addiction c…

Any person who violates subsection 1 of section 43-45-05.2 is guilty of a class B misdemeanor.

1. "Board" means: a. The board of registry in podiatry; b. The state board of chiropractic examiners; c. The state board of funeral service; d. The North Dakota board of nursing; e. The North Dakota state board of optometry; f. The state board of pharmacy; g. The North Dakota boa…

1. The board may enter into agreements with peer assistance entities to undertake those functions and responsibilities specified in the agreements which assist the board in performing its duties, implementing disciplinary actions or sanctions, and in otherwise addressing potentia…

As used in this chapter, unless the context otherwise requires: 1. "Board" means the board of counselor examiners. 2. "Counseling" means the application of human development and mental health principles in a therapeutic process and professional relationship to assist individuals,…

In addition to the duties set forth elsewhere in this chapter, the board shall: 1. Publish an annual list of the names and addresses of all persons licensed under this chapter. 2. Approve and administer an examination for counselors. 3. Set, by rule, and collect a fee for: a. The…

The board may appoint or employ persons to assist the board in carrying out its duties under this chapter.

Only persons licensed under this chapter may use the title "professional counselor" or "associate professional counselor", or the abbreviations "LPC" or "LAPC". The license issued by the board must be prominently displayed at the principal place of business of the counselor.

1. This chapter does not prevent any person licensed by the state from doing work within the standards and ethics of that person's profession, if that person does not represent to the public that the person is a professional counselor or associate professional counselor. 2. This …

1. Except as otherwise provided in this chapter, a person may not engage in counseling in this state unless that person is a licensed professional counselor or licensed associate professional counselor. 2. The board shall issue a license as a licensed professional counselor to ea…

The board may provide a counselor specialty license to any licensed professional counselor who meets the standards established by the board for that particular specialty. The board shall adopt standards for specialty licenses equal to or greater than those established by the nati…

A person who has been licensed under this chapter, and whose license has not been renewed because of the failure to pay the annual license fee, must be reinstated and the license renewed if within one year from the date of nonrenewal the person pays to the secretary of the board …

The board shall require an applicant for licensure under subsections 2, 3, and 4 of section 43-47-06 and section 43-47-06.1 to submit to a statewide and nationwide criminal history record check and may require a licensee to submit to a statewide and nationwide criminal history re…

The board may deny, refuse to renew, suspend, or revoke any license issued under this chapter upon finding by a preponderance of the evidence that the applicant or licenseholder: 1. Has been convicted of an offense determined by the board to have a direct bearing upon the individ…

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 actions resulting in disciplinary action, including the amount paid by the board for services from the office of administra…

1. A person aggrieved by the actions of a counselor licensed under this chapter may file a written complaint with the board citing the specific allegations of misconduct by the counselor. The board shall notify the counselor of the complaint and require a written response from th…

Except as authorized by law, no person licensed under this chapter may be required to disclose any information acquired in rendering counseling services without the consent of the person who received the counseling services.

Any person who violates this chapter is guilty of a class B misdemeanor.

In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the North Dakota board of clinical laboratory practice. 2. "Clinical laboratory" means a site where clinical laboratory testing is done. 3. "Clinical laboratory personnel" means all clinica…

No person may practice as a clinical laboratory scientist or a clinical laboratory technician unless the person is the holder of a current license issued by the board, or is exempt from licensure.

The provisions of this chapter do not apply to the following: 1. Physicians duly and currently licensed to practice medicine. 2. Nurses duly and currently licensed to practice nursing and practicing within the scope of the nursing license. 3. Persons performing clinical testing f…

In order to enforce and administer this chapter, the board shall: 1. Maintain an office to conduct business. 2. Conduct or approve licensing or certification examinations for entry into clinical laboratory practice as authorized under this chapter. 3. Issue and renew a license to…

1. There is hereby created a North Dakota board of clinical laboratory practice which shall consist of seven persons appointed by the governor, who must be residents of the state for at least two years prior to their appointment and who, except for the consumer members, must be c…

The board shall set by rule the applicable licensure fee for those persons subject to this chapter, including the initial fee, license fee, late renewal fees, and limited permit fees. These fees must be set in such reasonable amount as to reimburse the board for the cost of its s…

A clinical laboratory student may perform tests under the supervision of licensed clinical laboratory personnel without being licensed therefor by the board.

The board may, under criteria established by the board, grant a limited permit to a person who has completed the education and experience requirements of this chapter. Such permit allows the person to practice medical technology in association with licensed clinical laboratory pe…

Repealed by S.L. 2013, ch. 334, § 3.