Title 43 — Occupations and Professions

The board shall issue a license by examination of credentials to any applicant licensed or certified as a marriage and family therapist in another state for which the requirements for the license or certificate are equivalent to or exceed the requirements of this state, provided …

A fee, as determined by the board, must be paid to the board for original licensure. A fee may also be established for the licensure examination. A license is valid for two years and must be renewed biennially, with the renewal fee being determined by the board. The board may als…

1. The board may deny an application or institute a disciplinary proceeding concerning a licensee on the following grounds: a. Conviction by a court of competent jurisdiction of an offense that the board determines to be of such a nature as to render the licensee unfit to practic…

1. If, based on verified evidence, the board determines by a clear and convincing standard that the evidence presented to the board indicates the continued practice by a licensed marriage and family therapist or an associate marriage and family therapist would create significant …

1. If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist may not testify in a spousal support or divorce action concerning information acquired in the course of the therapeutic relationship. This subsect…

Any person who practices without a license in violation of this chapter is guilty of a class B misdemeanor.

As used in this chapter, unless the context otherwise requires: 1. "Client" means a person that engages or seeks to engage the services of a home inspector for a home inspection. 2. "Home inspection" means the process by which a home inspector provides a nonintrusive, visual exam…

The registrar shall issue and renew registrations to home inspectors pursuant to this chapter. An individual may not perform a home inspection for compensation unless registered under this chapter. An individual who violates this chapter is guilty of a class B misdemeanor.

An applicant for a registration as a home inspector shall file a written application in the form prescribed by the registrar. An applicant: 1. Must be at least eighteen years of age; 2. Shall submit proof of satisfactory completion of an examination on home inspection offered by …

The registration requirements of this chapter do not apply to: 1. An individual employed as a code enforcement official by the state or a political subdivision when acting within the scope of that employment. 2. An individual licensed, certified, or registered under this title wh…

A registration issued under this chapter expires June thirtieth of each calendar year and may be renewed upon submission of a renewal fee of fifty dollars and provision of proof of continuous insurance coverage as required for registration. The application for renewal must be del…

As used in this chapter: 1. "Administrative fee" means the fee charged to a client by a professional employer organization for professional employer services. The term does not include any amount of a fee which is for wages and salaries, benefits, workers' compensation coverage, …

1. Neither this chapter nor a professional employer agreement may affect, modify, or amend a collective bargaining agreement or any right or obligation of a client, professional employer organization, or covered employee under federal law. 2. Neither this chapter nor a profession…

1. A person may not provide, advertise, or otherwise hold itself out as providing professional employer services, unless the person is licensed under this chapter. A person engaged in the business of providing professional employer services shall obtain a license regardless of it…

1. Upon filing of an application for a license, a professional employer organization shall pay a fee of one thousand dollars. 2. Upon filing of an application for renewal of a license, a professional employer organization shall pay a fee of five hundred dollars. 3. Any fees colle…

1. A professional employer organization shall maintain a bond with a minimum value of the lesser amount of one hundred thousand dollars or five percent of the total wages reported on the employer's quarterly contribution and wage report to job service North Dakota for the quarter…

1. Except as specifically provided in this chapter or in a professional employer agreement, in each coemployment relationship: a. The client is entitled to exercise all rights and is obligated to perform all duties and responsibilities otherwise applicable to an employer in an em…

1. Both a client and a professional employer organization are deemed to be an employer for purposes of sponsoring retirement and welfare benefit plans for a covered employee. 2. A fully insured welfare benefit plan offered to the covered employees of a professional employer organ…

All audited financial reports and the employers' quarterly contribution and wage report to job service North Dakota are confidential except to the extent necessary for the proper administration of this chapter by the secretary of state or the attorney general.

A state agency, in performing duties under other laws that affect the regulation of professional employer organizations, shall cooperate with the secretary of state as necessary to administer and enforce this chapter.

As used in this chapter, unless the context otherwise requires: 1. "Board" means the state board of integrative health care. 2. "Licensee" means an individual licensed by the board under this chapter and under chapter 43-59, 43-61, or 43-64.

1. The governor shall appoint the state board of integrative health care, which must consist of at least five members. Each profession regulated by the board must have one member on the board representing that profession. In addition, one member must be a doctor of medicine or os…

A member of the board is entitled to receive for each day during which the member actually is engaged in the performance of the duties of the member's office per diem as determined by the board and mileage as provided in section 54-06-09. The secretary of the board is entitled to…

1. The board shall adopt rules: a. To administer and enforce this chapter and chapters 43-59, 43-61, and 43-64; b. That specify the scope of practice, which must be consistent with the required education for each profession regulated by the board; c. To establish any exemptions f…

1. The board shall establish a subgroup for each profession regulated by the board. The board shall appoint at least three and no more than five members of the profession to serve as volunteer members of the subgroup. A subgroup member must be a licensed member of the profession,…

1. If the board determines an applicant possesses the qualifications required under this chapter and under chapter 43-59, 43-61, or 43-64, the board shall issue a license to the applicant. 2. The board shall establish an expedited procedure for licensure of an applicant who is ce…

1. A license is effective when granted by the board. 2. A license issued under chapter 43-59 expires on December thirty-first of every odd-numbered year. A license issued under chapter 43-61 or 43-64 expires on December thirty-first of every even-numbered year. 3. A license may b…

1. The board may take disciplinary action against a licensee by any of the following means: a. Revocation of license; b. Suspension of license; c. Probation; d. Imposition of stipulations, limitations, or conditions relating to the licensee's practice; e. Letter of censure; f. Re…

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 this chapter, and which sets forth information upon which a reasonable and prudent person might be…

In any order or decision issued by the board in resolution of a disciplinary proceeding in which disciplinary action is imposed against a licensee, the board may direct the licensee to pay the board a sum not to exceed the reasonable and actual costs, including reasonable attorne…

A person that violates this chapter or chapter 43-59, 43-61, or 43-64 is guilty of a class B misdemeanor. In addition to the criminal penalties provided under this section, the civil remedy of injunction is available to restrain and enjoin any violation of this chapter or chapter…

As used in this chapter, unless the context otherwise requires: 1. "Approved naturopathic medical college" means a college and program granting the degree of doctor of naturopathy or naturopathic medicine which must require as a minimum a four-year, full-time resident program of …

Many of the therapies used by a naturopath, such as the use of nutritional supplements, herbs, foods, homeopathic preparations, and such physical forces as heat, cold, water, touch, and light, are not the exclusive privilege of naturopaths, and their use, practice, prescription, …

1. Effective January 1, 2012, a person may not practice naturopathy without a current naturopathic license issued by the board. 2. A naturopath may use the title "naturopath" or "doctor of naturopathic medicine" and the abbreviation "N.D." when used to reflect either of these tit…

1. The board shall adopt rules: a. To administer and enforce this chapter; b. To specify the scope of practice, which must be consistent with the required education; c. To establish any exemptions from licensure; d. That endorse equivalent licensure examinations of another state …

In order to obtain a license to practice naturopathic medicine in this state, an application must be made to the board. The application must be upon the form adopted by the board and must be made in the manner prescribed by the board.

1. An applicant for naturopathic licensure shall file an application on forms provided by the board showing to the board's satisfaction that the applicant has satisfied all the requirements of this chapter and set by rule of the board, including: a. Successful graduation of an ap…

Notwithstanding the education and examination requirements for licensure under subdivisions a and b of subsection 1 of section 43-58-05, if an applicant was a bona fide resident of the state from January 1, 2011, through December 31, 2011, was practicing naturopathic medicine in …

1. A naturopath may practice naturopathic medicine as a limited practice of the healing arts as exempted under section 43-17-02. A naturopath may not: a. Prescribe, dispense, or administer any prescription drug without obtaining a license endorsement under this chapter; b. Admini…

1. A naturopath may not prescribe, dispense, or administer a prescription medication without first obtaining an endorsement for licensure. 2. The naturopath first must apply for a limited endorsement with the board in which the naturopath enters a written collaborative agreement …

A naturopath has the same powers and duties as a licensed physician with regard to public health laws, reportable diseases and conditions, communicable disease control and prevention, recording of vital statistics, health and physical examinations, and local boards of health, exc…

A hospital may employ a naturopath in the same manner as provided under section 43-17-42.

1. The board may take disciplinary action against a licensee by any of the following means: a. Revocation of license; b. Suspension of license; c. Probation; d. Imposition of stipulations, limitations, or conditions relating to the licensee's practice; e. Letter of censure; f. Re…

An individual who practices naturopathic health care in this state without complying with the provisions of this chapter, and an individual who violates any of the provisions of this chapter for which another penalty is not specified, is guilty of a class B misdemeanor. In additi…

As used in this chapter, unless the context otherwise requires: 1. "Board" means the state board of integrative health care created under chapter 43-57. 2. "Licensee" means an individual licensed by the board under this chapter. 3. "Music therapist" is an individual who practices…

1. Effective August 1, 2012, a person may not hold out as practicing music therapy, hold out as being a music therapist, or use a title or other designation indicating the person is a music therapist in this state unless that person is an individual licensed under this chapter an…

1. In order to obtain a license to practice music therapy in this state, an application must be made to the board. The application must be upon the form adopted by the board and must be made in the manner prescribed by the board. 2. An applicant for licensure to practice music th…

In this chapter: 1. "ABGC" means the American board of genetic counseling. 2. "ABMG" means the American board of medical genetics. 3. "Board" means the North Dakota board of medicine. 4. "Genetic counseling" means a communication process, conducted by appropriately trained indivi…

1. A person may not engage in the practice of genetic counseling, act or represent to be a genetic counselor, or use such titles as genetic counselor, licensed genetic counselor, gene counselor, genetic associate, or any words, letters, abbreviations, or insignia, such as certifi…

1. An applicant for licensure under this chapter shall pay any filing fee and file an application, on forms provided by the board, to the satisfaction of the board that the applicant is of good moral character and satisfies all of the requirements of this chapter, including: a. E…