2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-17 Physicians and Surgeons
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CHAPTER 43-17
PHYSICIANS AND SURGEONS
43-17-01. Definitions.
1. "Board" means the state board of medical examiners.
2. "Physician" includes physician and surgeon (M.D.) and osteopathic physician and
surgeon (D.O.).
3. "Practice of medicine" includes the practice of medicine, surgery, and obstetrics. The
following persons must be regarded as practicing medicine:
a. One who holds out to the public as being engaged within this state in the
diagnosis or treatment of diseases or injuries of human beings.
b. One who suggests, recommends, or prescribes any form of treatment for the
intended relief or cure of any physical or mental ailment of any person, with the
intention of receiving, directly or indirectly, any fee, gift, or compensation.
c. One who maintains an office for the examination or treatment of persons afflicted
with disease or injury of the body or mind.
d. One who attaches the title M.D., surgeon, doctor, D.O., osteopathic physician and
surgeon, or any other similar word or words or abbreviation to the person's name,
indicating that the person is engaged in the treatment or diagnosis of the
diseases or injuries of human beings must be held to be engaged in the practice
of medicine.
43-17-02. Persons exempt from the provisions of chapter.
The provisions of this chapter do not apply to the following:
1. Students of medicine or osteopathy who are continuing their training and performing
the duties of a resident in any hospital or institution maintained and operated by the
state, an agency of the federal government, or in any residency program accredited by
the accreditation council on graduate medical education, provided that the state board
of medical examiners may adopt rules relating to the licensure, fees, qualifications,
activities, scope of practice, and discipline of such persons.
2. The domestic administration of family remedies.
3. Dentists practicing their profession when properly licensed.
4. Optometrists practicing their profession when properly licensed.
5. The practice of christian science or other religious tenets or religious rules or
ceremonies as a form of religious worship, devotion, or healing, if the person
administering, making use of, assisting in, or prescribing, such religious worship,
devotion, or healing does not prescribe or administer drugs or medicines and does not
perform surgical or physical operations, and if the person does not hold out to be a
physician or surgeon.
6. Commissioned medical officers of the armed forces of the United States, the United
States public health service, and medical officers of the veterans administration of the
United States, in the discharge of their official duties, and licensed physicians from
other states or territories if called in consultation with a person licensed to practice
medicine in this state.
7. Doctors of chiropractic duly licensed to practice in this state pursuant to the statutes
regulating such profession.
8. Podiatrists practicing their profession when properly licensed.
9. Any person rendering services as a physician assistant, if such service is rendered
under the supervision, control, and responsibility of a licensed physician. However,
sections 43-17-02.1 and 43-17-02.2 do apply to physician assistants. The state board
of medical examiners shall prescribe rules governing the conduct, licensure, fees,
qualifications, discipline, activities, and supervision of physician assistants. Physician
assistants may not be authorized to perform any services which must be performed by
persons licensed pursuant to chapters 43-12.1, 43-13, 43-15, and 43-28 or services
otherwise regulated by licensing laws, notwithstanding the fact that medical doctors
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need not be licensed specifically to perform the services contemplated under such
chapters or licensing laws.
A nurse practicing the nurse's profession when properly licensed by the North Dakota
board of nursing.
A person rendering fluoroscopy services as a radiologic technologist if the service is
rendered under the supervision, control, and responsibility of a licensed physician and
provided that the state board of medical examiners prescribes rules governing the
conduct, permits, fees, qualifications, activities, discipline, and supervision of
radiologic technologists who provide those services.
A naturopath duly licensed to practice in this state pursuant to the statutes regulating
such profession.
43-17-02.1. Physician assistant - Limitations on prescribing drugs.
A physician assistant may prescribe medications as delegated to do so by a supervising
physician. This may include schedule II through V controlled substances. A physician assistant
who is a delegated prescriber of controlled substances must register with the federal drug
enforcement administration.
43-17-02.2. Use of certain words or initials prohibited.
The terms "physician assistant" and "certified physician assistant" and the initials "PA-C"
may only be used to identify a person who has been issued a certificate of qualification by the
board of medical examiners. A person who uses those terms or initials as identification without
having received a certificate of qualification is engaging in the practice of medicine without a
license.
43-17-02.3. Practice of medicine or osteopathy by holder of permanent, unrestricted
license.
Notwithstanding anything in this chapter to the contrary, any physician who is the holder of a
permanent, unrestricted license to practice medicine or osteopathy in any state or territory of the
United States, the District of Columbia, or a province of Canada may practice medicine or
osteopathy in this state without first obtaining a license from the state board of medical
examiners under one or more of the following circumstances:
1. As a member of an organ harvest team;
2. On board an air ambulance and as a part of its treatment team;
3. To provide one-time consultation or teaching assistance for a period of not more than
twenty-four hours; or
4. To provide consultation or teaching assistance previously approved by the board for
charitable organizations.
43-17-03. State board of medical examiners - How appointed - Qualifications.
1. The governor shall appoint a state board of medical examiners consisting of thirteen
members, nine of whom are doctors of medicine, one of whom is a doctor of
osteopathy, one of whom is a physician assistant, and two of whom are designated as
public members. If no osteopathic physician is qualified and willing to serve, any
qualified physician may be appointed in place of the osteopathic physician.
2. Each physician member must:
a. Be a practicing physician of integrity and ability.
b. Be a resident of and duly licensed to practice medicine in this state.
c. Be a graduate of a medical or osteopathic school of high educational
requirements and standing.
d. Have been engaged in the active practice of the physician's profession within this
state for a period of at least five years.
3. Each public member of the board must:
a. Be a resident of this state.
b. Be at least twenty-one years of age.
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Not be affiliated with any group or profession that provides or regulates health
care in any form.
The physician assistant member of the board must:
a. Be a practicing physician assistant of integrity and ability.
b. Be a resident of and be duly licensed to practice as a physician assistant in this
state.
c. Have been engaged in the active practice as a physician assistant within this
state for a period of at least five years.
An individual appointed to the board shall qualify by taking the oath required of civil
officers.
43-17-04. Term of office.
The term of office of each member of the board is four years and until a successor is
appointed and qualified. The terms must be so arranged that no more than four terms expire on
the thirty-first of July of each year. The governor shall fill all vacancies by appointment but in
case of a vacancy before the expiration of a term, the appointment must be for the residue of
the term only. No member of the board may serve thereon for more than two successive terms.
43-17-05. Removal of members of state board of medical examiners - Reelection.
The governor for good cause shown and upon the recommendation of three-fourths of the
members of the board may remove any member of such board for misconduct, incapacity, or
neglect of duty.
43-17-06. Officers of the board.
The board shall elect a president and vice president from its own number and a
secretary-treasurer. The secretary-treasurer need not be a member of the board. The
secretary-treasurer must be the general administrative and prosecuting officer of such board.
43-17-07. Meetings of the board.
The board shall hold at least three meetings in each calendar year for the examination of
applicants for licensure, and may call such special meetings as may be necessary. The
meetings must be held at such places as the board may designate.
43-17-07.1. Powers of the board of medical examiners.
In addition to any other powers, the board may:
1. Employ or contract with one or more organizations or agencies known to provide
acceptable examinations for the preparation and scoring of required examinations
relating to physician licensure, and employ or contract with one or more organizations
or agencies known to provide acceptable examination services for the administration
of the required examination.
2. Prescribe the time, place, method, manner, scope, and subject of examination.
3. Impose sanctions, deny licensure, levy fines, or seek appropriate civil or criminal
penalties against anyone who violates or attempts to violate examination security,
anyone who obtains or attempts to obtain licensure by fraud or deception, and anyone
who knowingly assists in that type of activity.
4. Require information on an applicant's or licensee's fitness, qualifications, and previous
professional record and performance from recognized data sources, including the
federation of state medical boards action data bank, other data repositories, licensing
and disciplinary authorities of other jurisdictions, professional education and training
institutions, liability insurers, health care institutions, and law enforcement agencies be
reported to the board. The board or its investigative panels may require an applicant
for licensure or a licensee who is the subject of a disciplinary investigation 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.
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All costs associated with the criminal history record check are the responsibility of the
licensee or applicant.
Require the self-reporting by an applicant or a licensee of any information the board
determines may indicate possible deficiencies in practice, performance, fitness, or
qualifications.
Establish a mechanism for dealing with a licensee who abuses or is dependent upon
or addicted to alcohol or other addictive chemical substances, to enter an agreement,
at its discretion, with a professional organization whose relevant procedures and
techniques it has evaluated and approved for the organization's cooperation or
participation.
Issue a cease and desist order, obtain a court order, or an injunction to halt unlicensed
practice, a violation of this chapter, or a violation of the rules of the board.
Issue a conditional, restricted, or otherwise circumscribed license as it determines
necessary.
43-17-07.2. Conflict of interest.
A member of the board, acting in that capacity or as a member of any committee of the
board, may not participate in the making of any decision or the taking of any action affecting that
member's personal, professional, or pecuniary interest, or that of a known relative or business
or professional associate.
43-17-08. Power of board to administer oaths - Summon witnesses - Take testimony.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-09. Subpoena - How to issue - Fees - Service.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-10. Failure to appear or testify - Penalty.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-11. Records of board - License applications - Preservation.
The board shall keep a record of all of its proceedings and applications for license.
Application records must be preserved for at least six years beyond the disposition thereof or
the last annual registration of the licensee, whichever is longer.
43-17-12. Biennial report.
The board may submit a biennial report to the governor and the secretary of state in
accordance with section 54-06-04.
43-17-13. Board to adopt rules and regulations.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-14. Compensation - Expenses of board and the members thereof.
A member of the board shall receive for each day during which the member actually is
engaged in the performance of the duties of the member's office such per diem as must be fixed
by the board and such mileage as is provided in section 54-06-09. The secretary of the board
shall receive such salary or other compensation, and such allowance for clerical and other
expenses of the board as the board shall determine.
43-17-15. Fees deposited with state treasurer - Separate fund - Vouchers.
Repealed by S.L. 1971, ch. 510, § 15.
43-17-16. License required.
Repealed by S.L. 1987, ch. 525, § 13.
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43-17-17. Application for license.
In order to obtain a license to practice medicine in this state, an application must be made
to the board through the secretary-treasurer. The application must be upon the form adopted by
the board and must be made in the manner prescribed by it.
43-17-18. License requirements.
1. General. Every applicant for licensure shall file a written application, on forms provided
by the board, showing to the board's satisfaction that the applicant is of good moral
character and satisfies all of the requirements of this chapter including:
a. Successful completion of a medical licensure examination satisfactory to the
board;
b. Physical, mental, and professional capability for the practice of medicine in a
manner acceptable to the board; and
c. A history free of any finding by the board, any other state medical licensure
board, or any court of competent jurisdiction, of the commission of any act that
would constitute grounds for disciplinary action under this chapter; the board may
modify this restriction for cause.
2. Graduates of United States and Canadian schools.
a. An applicant who is a graduate of an approved medical or osteopathic school
located in the United States, its possessions, territories, or Canada, shall present
evidence, satisfactory to the board, that the applicant has been awarded a degree
of doctor of medicine or doctor of osteopathy from a medical school located in the
United States, its possessions, territories, or Canada, approved by the board or
by an accrediting body approved by the board at the time the degree was
conferred.
b. An applicant who is a graduate of an approved medical or osteopathic school
located in the United States, its possessions, territories, or Canada, must present
evidence, satisfactory to the board, that the applicant has successfully completed
one year of postgraduate training in the United States or Canada in a program
approved by the board or by an accrediting body approved by the board.
3. Graduates of international schools.
a. An applicant who is a graduate of a medical school not located in the United
States, its possessions, territories, or Canada, shall present evidence,
satisfactory to the board, that the applicant possesses the degree of doctor of
medicine or a board-approved equivalent based on satisfactory completion of
educational programs acceptable to the board. Graduates of osteopathic schools
located outside the United States are not eligible for licensure.
b. An applicant who has graduated from a medical school not located in the United
States, its possessions, territories, or Canada, must present evidence,
satisfactory to the board, that the applicant has successfully completed thirty
months of postgraduate training in a program located in the United States, its
possessions, territories, or Canada, and accredited by a national accrediting
organization approved by the board or other graduate training approved in
advance by the board as meeting standards similar to those of a national
accrediting organization. However, if such an applicant has not completed thirty
months of postgraduate training in a program approved by the board or by an
accrediting body approved by the board, but has met all other licensing
requirements and has successfully completed one year of postgraduate training
in the United States or Canada in a program approved by the board, and if the
board finds that the applicant has other professional experience and training that
is substantially equivalent to the last eighteen months of postgraduate training,
then the applicant may be deemed eligible for licensure. The board is granted
broad discretion in determining whether to apply this exception to the normal
licensing requirements. An applicant seeking licensure under this exception must
present evidence satisfactory to the board that:
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(1)
4.
The applicant is certified by a specialty board recognized by the American
board of medical specialties or by a specialty board recognized by the royal
college of physicians and surgeons of Canada; or
(2) The applicant has passed the special purpose examination developed by
the federation of state medical boards of the United States.
c. The applicant shall present evidence satisfactory to the board that the applicant
has been awarded a certificate by the educational council for foreign medical
graduates. The board may adopt rules establishing specific exceptions to this
requirement.
d. The applicant has a working ability in the English language sufficient to
communicate with patients and physicians and to engage in the practice of
medicine.
Special license. The board may grant a temporary special license to an applicant who
is a graduate of a medical school that is not located in the United States or Canada if
that applicant has met all requirements for licensure except those pertaining to
postgraduate training; has successfully completed two years of approved postgraduate
training in the United States or Canada; and is enrolled in an approved postgraduate
training program in this state. This special license is valid only while the licensee
continues to be enrolled in an approved postgraduate training program in this state.
43-17-19. License granted without examination upon qualification of applicant.
Repealed by S.L. 1957, ch. 302, § 16.
43-17-20. Examinations - How conducted - Subjects.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-21. License granted without examination to persons licensed in other states.
The board may in its discretion license by endorsement an applicant who has complied with
licensure requirements and who has passed an examination given by a recognized certifying
agency approved by the licensing agency, provided such examination was, in the opinion of the
board, equivalent in every respect to its examination. The board may also, in its discretion, enter
into reciprocal agreements with the licensing agencies of other states or territories or the District
of Columbia providing for a reciprocal waiver of further examination or any part thereof. In any
case the applicant must appear before the board for such examination into the applicant's
qualifications as may be required by the board. The board may by regulation make provision for
temporary and special licenses to be in effect in the interval between board meetings.
43-17-22. License - Fees.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-23. Licenses to be recorded.
Repealed by S.L. 1983, ch. 479, § 3.
43-17-24. Physicians register with the board.
On or before the due date established by the board, every person legally licensed to
practice medicine within this state shall file with the secretary-treasurer of the board a
registration statement upon blanks prepared and provided by the board and shall pay to the
secretary-treasurer the registration fee. No person may engage in the practice of medicine in
this state without a current registration certificate issued by the board.
43-17-25. Registration fee.
The registration fee for any person licensed to practice medicine in the state must be fixed
by regulation of the board. All fees must be paid to and held by the secretary-treasurer of the
board and are subject to disbursement by the board in performing its duties.
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43-17-26. Annual license issued - License posted.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-26.1. License renewals - Late fees.
A physician seeking to renew the annual registration who has failed to complete the annual
registration process within the time specified by the state board of medical examiners must be
assessed a fee equal to three times the normal annual registration fee, in addition to such other
penalties as are authorized by law, if that physician is found to have been practicing medicine in
this state after the physician's license expired. A physician who is not found to have been
practicing medicine in this state may renew a license upon payment of the arrearage and
meeting the other requirements of the board. However, a physician whose license lapsed more
than three years before that physician petitioned the board for reinstatement must submit a new
application for licensure, whether or not that physician has practiced medicine in this state since
the physician's license was last current.
43-17-27. Board to make rules and regulations as to registration statement - Keep
record of persons paying fee.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-27.1. Continuing education requirements.
1. The board shall promote a high degree of competence in the practice of medicine by
establishing rules requiring every physician licensed in the state to fulfill continuing
education requirements. Compliance with these rules must be documented at such
times and in such manner as is required by the board.
2. Before a license may be renewed, the licensee shall submit evidence to the board
establishing that all continuing education requirements prescribed by the rules adopted
by the board have been met.
3. The board may exempt a physician from the requirements of this section in
accordance with rules adopted by the board.
43-17-28. When fee remitted to licensee.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-29. Practitioners not registered prohibited from practicing - Revocation of
license.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-30. Payment of delinquent registration fee - Reinstatement.
Any practitioner of medicine who has been licensed to practice in this state by the board,
and who has been suspended from practice and whose license has been revoked because of
failure to pay the registration fee, may, at the discretion of the board, be reinstated, and have
the suspension revoked, and the license renewed by paying to the secretary-treasurer of the
board the amount of the registration fee which is then in default.
43-17-30.1. Disciplinary action.
The board is authorized to take disciplinary action against a licensed physician by any one
or more of the following means, as it may find appropriate:
1. Revocation of license.
2. Suspension of license.
3. Probation.
4. Imposition of stipulations, limitations, or conditions relating to the practice of medicine.
5. Letter of censure.
6. Require the licensee to provide free public or charitable service for a defined period.
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Impose fines, not to exceed five thousand dollars for any single disciplinary action. Any
fines collected by the state board of medical examiners must be deposited in the state
general fund.
43-17-31. Grounds for disciplinary action.
Disciplinary action may be imposed against a physician upon any of the following grounds:
1. The use of any false, fraudulent, or forged statement or document, or the use of any
fraudulent, deceitful, dishonest, or immoral practice, in connection with any of the
licensing requirements.
2. The making of false or misleading statements about the physician's skill or the efficacy
of any medicine, treatment, or remedy.
3. The conviction of any misdemeanor determined by the board to have a direct bearing
upon a person's ability to serve the public as a practitioner of medicine or any felony. A
license may not be withheld contrary to the provisions of chapter 12.1-33.
4. Habitual use of alcohol or drugs.
5. Physical or mental disability materially affecting the ability to perform the duties of a
physician in a competent manner.
6. The performance of any dishonorable, unethical, or unprofessional conduct likely to
deceive, defraud, or harm the public.
7. Obtaining any fee by fraud, deceit, or misrepresentation.
8. Aiding or abetting the practice of medicine by an unlicensed, incompetent, or impaired
person.
9. The violation of any provision of a medical practice act or the rules and regulations of
the board, or any action, stipulation, condition, or agreement imposed by the board or
its investigative panels.
10. The practice of medicine under a false or assumed name.
11. The advertising for the practice of medicine in an untrue or deceptive manner.
12. The representation to a patient that a manifestly incurable condition, sickness,
disease, or injury can be cured.
13. The willful or negligent violation of the confidentiality between physician and patient,
except as required by law.
14. The failure of a doctor of osteopathy to designate that person's school of practice in
the professional use of that person's name by such terms as "osteopathic physician
and surgeon", "doctor of osteopathy", "D.O.", or similar terms.
15. Gross negligence in the practice of medicine.
16. Sexual abuse, misconduct, or exploitation related to the licensee's practice of
medicine.
17. The prescription, sale, administration, distribution, or gift of any drug legally classified
as a controlled substance or as an addictive or dangerous drug for other than
medically accepted therapeutic purposes.
18. The payment or receipt, directly or indirectly, of any fee, commission, rebate, or other
compensation for medical services not actually or personally rendered, or for patient
referrals; this prohibition does not affect the lawful distributions of professional
partnerships, corporations, limited liability companies, or associations.
19. The failure to comply with the reporting requirements of section 43-17.1-05.1.
20. The failure to transfer medical records to another physician or to supply copies of
those records to the patient or to the patient's representative when requested to do so
by the patient or the patient's designated representative, except if the disclosure is
otherwise limited or prohibited by law. A reasonable charge for record copies may be
assessed.
21. A continued pattern of inappropriate care as a physician, including unnecessary
surgery.
22. The use of any false, fraudulent, or deceptive statement in any document connected
with the practice of medicine.
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The prescribing, selling, administering, distributing, or giving to oneself or to one's
spouse or child any drug legally classified as a controlled substance or recognized as
an addictive or dangerous drug.
24. The violation of any state or federal statute or regulation relating to controlled
substances.
25. The imposition by another state or jurisdiction of disciplinary action against a license or
other authorization to practice medicine based upon acts or conduct by the physician
that would constitute grounds for disciplinary action as set forth in this section. A
certified copy of the record of the action taken by the other state or jurisdiction is
conclusive evidence of that action.
26. The lack of appropriate documentation in medical records for diagnosis, testing, and
treatment of patients.
27. The failure to properly monitor a physician assistant, a fluoroscopy technologist, or an
emergency medical technician.
28. The failure to furnish the board or the investigative panel, their investigators, or
representatives information legally requested by the board or the investigative panel.
The board shall keep a record of all of its proceedings in the matter of suspending, revoking, or
refusing licenses together with the evidence offered.
43-17-31.1. Costs of prosecution - Disciplinary proceedings.
In any order or decision issued by the board in resolution of a disciplinary proceeding in
which disciplinary action is imposed against a physician, the board may direct any physician to
pay the board a sum not to exceed the reasonable and actual costs, including reasonable
attorney's fees, incurred by the board and its investigative panels in the investigation and
prosecution of the case. When applicable, the physician's license may be suspended until the
costs are paid to the board. A physician may challenge the reasonableness of any cost item in a
hearing under chapter 28-32 before an administrative law judge. The administrative law judge
may approve, deny, or modify any cost item, and the determination of the judge is final. The
hearing must occur before the physician's license may be suspended for nonpayment.
43-17-32. Appeal from decision of board refusing, suspending, or revoking a license.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-32.1. Temporary suspension - Appeal.
1. When, based on verified evidence, the board determines by a clear and convincing
standard that the evidence presented to the board indicates that the continued practice
by the physician would create a significant risk of serious and ongoing harm to the
public while a disciplinary proceeding is pending, and that immediate suspension of
the physician's license is required to reasonably protect the public from that risk of
harm, the board may order a temporary suspension ex parte. For purposes of this
section, "verified evidence" means testimony taken under oath and based on personal
knowledge. The board shall give prompt written notice of the suspension to the
physician, which must include a copy of the order and complaint, the date set for a full
hearing, and a specific description of the nature of the evidence, including a list of all
known witnesses and a description of any documents relied upon by the board in
ordering the temporary suspension which, upon request, must be made available to
the physician.
2. An ex parte temporary suspension remains in effect until a final order is issued after a
full hearing or appeal under this section or until the suspension is otherwise terminated
by the board.
3. The board shall conduct a hearing on the merits of the allegations to determine what
disciplinary action, if any, shall be taken against the physician who is the subject of the
ex parte suspension. That hearing must be held not later than thirty days from the
issuance of the ex parte temporary suspension order. The physician is entitled to a
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5.
continuance of the thirty-day period upon request for a period determined by the
hearing officer.
The physician may appeal the ex parte temporary suspension order prior to the full
hearing. For purposes of appeal, the district court shall decide whether the board
acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt
disposition thereof.
Any medical record of a patient, or other document containing personal information
about a patient, which is obtained by the board is an exempt record as defined in
section 44-04-17.1.
43-17-33. Use of fraudulent device in obtaining a license - Fraudulent impersonation
of physician - Penalty.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-34. Practicing without a license - Violation of chapter - Penalty.
Any person who practices medicine in this state without complying with the provisions of
this chapter, and any person who violates any of the provisions of this chapter for which another
penalty is not specified is guilty of a class B misdemeanor. In addition to the criminal penalties
provided, the civil remedy of injunction is available to restrain and enjoin violations of any
provisions of this chapter without proof of actual damages sustained by any person.
43-17-35. Enforcement of chapter - Duty of secretary-treasurer.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-36. Physician practicing medicine while intoxicated.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-37. Emergency treatment by resident physician.
Any physician or surgeon licensed under the provisions of this chapter who in good faith
renders in this state emergency care at the scene of the emergency is expected to render only
such emergency care as in the person's judgment is at the time indicated.
43-17-38. Emergency treatment by nonresident physician.
Any physician or surgeon duly licensed to practice as a physician or surgeon in another
state of the United States who renders in this state emergency care at the scene of the
emergency may only be held to the degree of care as specified in section 43-17-37, and may
not be deemed to be practicing medicine within this state as contemplated by this chapter.
43-17-39. Qualified doctors of osteopathy may be licensed.
Repealed by S.L. 1987, ch. 525, § 13.
43-17-40. Limitation of liability - Legislative intent.
No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who
donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who
assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring
any tissue, organ, blood, or component thereof from one or more human beings, living or dead,
to another human being, may be liable as the result of any such activity, save and except that
each such person or entity remains liable for the person's or entity's own negligence or willful
misconduct only.
The availability of scientific knowledge, skills, and materials for the transplantation, injection,
transfusion, or transfer of human tissue, organs, blood, and components thereof is important to
the health and welfare of the people of this state. The imposition of legal liability without fault
upon the persons and organizations engaged in such scientific procedures inhibits the exercise
of sound medical judgment and restricts the availability of important scientific knowledge, skills,
and materials. It is therefore the public policy of this state to promote the health and welfare of
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the people by limiting the legal liability arising out of such scientific procedures to instances of
negligence or willful misconduct.
43-17-41. Duty of physicians and others to report injury - Penalty.
1. Any physician, physician assistant, naturopath licensed under chapter 43-58, or any
individual licensed under chapter 43-12.1 who performs any diagnosis or treatment for
any individual suffering from any wound, injury, or other physical trauma:
a. Inflicted by the individual's own act or by the act of another by means of a knife,
gun, or pistol shall as soon as practicable report the wound, injury, or trauma to a
law enforcement agency in the county in which the care was rendered; or
b. Which the individual performing diagnosis or treatment has reasonable cause to
suspect was inflicted in violation of any criminal law of this state, shall as soon as
practicable report the wound, injury, or trauma to a law enforcement agency in the
county in which the care was rendered.
2. The report under subsection 1 must state the name of the injured individual and the
character and extent of the individual's injuries.
3. When a report of domestic violence, as defined in section 14-07.1-01, or a report of
physical injury resulting from a sexual offense, as defined in chapter 12.1-20, is made
to a law enforcement agency as required by this section, the injured individual must be
provided with information regarding a domestic violence sexual assault organization as
defined in section 14-07.1-01 or other victims' assistance program by the physician,
physician assistant, naturopath, or any individual licensed under chapter 43-12.1,
unless it is known that the information has previously been provided to the injured
individual.
4. The reports mandated by this section must be made as soon as practicable and may
be either oral or in writing. Oral reports must be followed by written reports within
forty-eight hours if so requested by the sheriff or state's attorney to whom the oral
report is originally made.
5. Any individual required to report as provided by this section who willfully fails to do so
is guilty of an infraction.
6. Any individual making or not making a report in good faith pursuant to this section is
immune from liability for making or not making a report.
43-17-42. Employment of physicians by hospitals.
Notwithstanding any other provision of law, a hospital licensed under chapter 23-16 may
employ directly or indirectly a physician provided that the employment relationship between the
physician and hospital is evidenced by a written contract containing language to the effect that
the hospital's employment relationship with the physician may not affect the exercise of the
physician's independent judgment in the practice of medicine, and the physician's independent
judgment in the practice of medicine is in fact unaffected by the physician's employment
relationship with the hospital. Under this section a hospital may not be deemed to be engaged in
the practice of medicine.
43-17-43. Topical fluoride varnish.
A licensed physician or physician assistant may apply topical fluoride varnish to an
individual in accordance with rules adopted by the board.
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