2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-51 Professional and Occupational Licensing
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CHAPTER 43-51
PROFESSIONAL AND OCCUPATIONAL LICENSING
43-51-01. Definitions.
As used in this chapter, unless the context indicates otherwise:
1. "Board" means a board, commission, or other agency of state government created or
identified in this title to regulate a particular occupation or profession, except for the:
a. State board of accountancy;
b. State electrical board;
c. North Dakota real estate appraiser qualifications and ethics board;
d. State real estate commission;
e. Secretary of state with respect to contractor licensing;
f. State board of medical examiners; and
g. State board of dental examiners.
"Board" also includes any agency of state government which is created or identified
outside this title to regulate a particular occupation or profession if the agency elects,
by administrative rule, to invoke the authority in this chapter.
2. "Foreign practitioner" means an individual who currently holds and maintains a license
in good standing to engage in an occupation or profession in a state or jurisdiction
other than this state and who is not the subject of a pending disciplinary action in any
state or jurisdiction.
3. "Good standing" means a foreign practitioner holds a current license that is not issued
on a temporary or restricted basis, is not encumbered or on probation, and is not
suspended or revoked.
4. "License" means a license, certificate, permit, or similar authorization to practice an
occupation or profession which is issued by a government agency in another state or
jurisdiction that imposes requirements for obtaining and maintaining a license which
are at least as stringent as the requirements imposed in this state to obtain and
maintain a license to practice the same profession or occupation.
5. "Occupation or profession" means activity for which a license is required from a board
or similar activity for which a license is required in another state or jurisdiction.
43-51-02. Location of practice of an occupation or profession.
The provision of services to an individual in this state which fall within the standard of
practice of a profession or occupation regulated by a board, regardless of the means by which
the services are provided or the physical location of the person providing those services,
constitutes the practice of that occupation or profession in this state and is subject to regulation
by the appropriate board in this state.
43-51-03. Indirect practice without a license.
1. A foreign practitioner may provide services in this state which fall within the scope of
practice designated by the foreign practitioner's license and by this title without
obtaining a license from the appropriate board if the services are provided through
consultation with the person licensed by the board and if the foreign practitioner has
no direct communication in this state with the individual receiving the services except
in the presence of the individual who is licensed by the board. Both the foreign
practitioner and the individual licensed by the board are responsible for the services
provided under this subsection.
2. A foreign practitioner may provide services in this state which fall within the scope of
practice designated by the foreign practitioner's license and by this title without
obtaining a license from the appropriate board if the services are provided through a
remote means and are a continuation of an existing relationship between the foreign
practitioner and the individual receiving the services which was formed in the state or
jurisdiction in which the foreign practitioner is currently licensed.
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43-51-04. Emergency practice without a license.
Upon prior written notice to the appropriate board, a foreign practitioner may provide
services in this state which fall within the scope of practice designated by the foreign
practitioner's license and by this title without obtaining a license from the board, if the services
are provided for a period of time not to exceed sixty consecutive days in a calendar year and
are provided in response to a disaster declared by the appropriate authority in this state. The
notice provided by a foreign practitioner under this section must include verified documentation
from the appropriate licensing authority which identifies the requirements for licensure in that
jurisdiction and which confirms that the practitioner is licensed and in good standing in that
jurisdiction and any other information requested by the board. A notice provided under this
section, if accompanied by sufficient documentation, is deemed to be accepted unless denied
by the board. If a notice under this section is denied, the foreign practitioner immediately shall
cease providing services under this section and may not resume providing services until after a
successful appeal of the board's decision under chapter 28-32 or after an application for
privileges under this section is reviewed and approved by the board.
43-51-05. Limited practice without a license.
Upon prior written application to the appropriate board, a foreign practitioner may provide
services in this state which fall within the scope of practice designated by the foreign
practitioner's license and by this title without obtaining a license from the board if the services
are provided for no more than thirty full or partial days per year. The one-year period
commences on the date the written application is approved by the board. An application from a
foreign practitioner under this section must include verified documentation from the appropriate
licensing authority which identifies the requirements for licensure in that jurisdiction and which
confirms that the practitioner is licensed and in good standing in that jurisdiction and any other
information requested by the board. The board may require payment of a fee of twenty-five
dollars or other fee established by the board by administrative rule, not to exceed the higher of
twenty-five dollars or one-tenth of the fee for an annual license from the board, as a condition of
approving an application under this section.
43-51-06. Licensure without examination.
A board may issue a license, without examination, to any foreign practitioner who has
practiced the occupation or profession for which the practitioner is licensed at least two years
prior to submitting the application to the board, or for any shorter period of time provided in this
title or established by the board by administrative rule, and who meets the other requirements
for a license. A board is not prohibited from issuing a license under this section to a foreign
practitioner if the state or jurisdiction in which the individual is licensed does not extend similar
privileges to individuals licensed in this state. This section does not prohibit a board from
requiring a foreign practitioner to take an examination regarding the laws of this state and the
rules established by the board.
43-51-07. License compacts.
A board may establish, by administrative rule, conditions and procedures for foreign
practitioners to practice in this state pursuant to written compacts or agreements between the
board and one or more other states or jurisdictions or pursuant to any other method of license
recognition that ensures the health, safety, and welfare of the public. Any compact or agreement
by a board does not become binding on this state until implemented by administrative rules
under this section.
43-51-08. Discipline.
A foreign practitioner's authority to practice an occupation or profession under this chapter is
subject to denial, probation, suspension, revocation, or other form of discipline for the same
grounds as individuals licensed by the appropriate board in this state. In addition to other
grounds for disciplinary action authorized by law, a person who holds a license issued by a
board may be subject to disciplinary action in this state for:
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1.
Failing to adequately review services provided by a foreign practitioner under this
chapter;
2. Unauthorized practice of the person's occupation or profession in another state or
jurisdiction, including the delivery of services by a licenseholder in this state to a
recipient of services in another state or jurisdiction;
3. Acts occurring in another state or jurisdiction which could subject the person to
disciplinary action if those acts occurred in this state; or
4. Acts occurring in another state or jurisdiction which could subject the person to
disciplinary action if the person held a license in that state or jurisdiction.
A disciplinary action under this section against a foreign practitioner is subject to chapter 28-32.
43-51-09. Jurisdiction - Service of process.
A foreign practitioner who provides services in this state without a license as permitted in
this chapter shall be deemed to have consented to the jurisdiction of this state and the
appropriate board, to be bound by the laws of this state and the rules established by the
appropriate board, and to have appointed the secretary of state as the foreign practitioner's
agent upon whom process may be served in any action or proceeding against the practitioner
arising out of the practitioner's activities in this state.
Service on the secretary of state of any process, notice, or demand is deemed personal
service upon the foreign practitioner and must be made by filing with the secretary of state an
original and two copies of the process, notice, or demand, with the filing fee of twenty-five
dollars. A member of the legislative assembly or a state or county officer may not be charged for
filing any process, notice, or demand for service. The secretary of state shall immediately
forward a copy of the process, notice, or demand by registered mail, addressed to the foreign
practitioner at the address provided by the filer.
43-51-10. Application with other laws.
This chapter applies notwithstanding any other limitation in state law on the practice of an
occupation or profession. This chapter supplements and does not repeal the authority provided
to each board. Nothing in this chapter prohibits a board from imposing conditions on foreign
practitioners by administrative rule or compact which are more restrictive than those imposed in
this chapter, if those restrictions are enacted to ensure the health, safety, and welfare of the
public. Rules under this section may be adopted as emergency rules under chapter 28-32.
Nothing in this chapter alters the scope of practice of a particular occupation or profession as
defined by law.
43-51-11. Members of military - License renewal.
1. A board shall adopt rules to provide for or shall grant on a case-by-case basis
exceptions to the board's license renewal requirements in order to address renewal
compliance hardships that may result from:
a. Activation of more than thirty days of a licensee who is a member of the national
guard or armed forces of the United States.
b. Service in the theater or area of armed conflict by a licensee who is a member of
the regular active duty armed forces of the United States.
2. For purposes of this section, the term board includes the state board of accountancy,
state electrical board, North Dakota real estate appraiser qualifications and ethics
board, state real estate commission, secretary of state with respect to contractor
licensing, state board of medical examiners, and state board of dental examiners.
43-51-12. Foreign practitioners - Emergency practice exemption.
Notwithstanding contrary provisions of law, a foreign practitioner may practice in an
emergency in this state, practice as a member of an organ harvesting team, or practice on
board an ambulance as part of the ambulance treatment team.
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