North Dakota Code 23-27.1-08 – Adverse actions
1. A home state shall have exclusive power to impose adverse action against an individual‘s license issued by the home state.
Terms Used In North Dakota Code 23-27.1-08
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. If an individual’s license in any home state is restricted or suspended, the individual is not eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.
a. All home state adverse action orders must include a statement that the individual’s compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s emergency medical services authority.
b. An individual currently subject to adverse action in the home state may not practice in any remote state without prior written authorization from both the home state and remote state’s emergency medical services authority.
3. A member state shall report adverse actions and any occurrences that the individual’s compact privileges are restricted, suspended, or revoked to the commission in accordance with the rules of the commission.
4. A remote state may take adverse action on an individual’s privilege to practice within that state.
5. Any member state may take adverse action against an individual’s privilege to practice in the member state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.
6. A home state’s emergency medical services authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state’s law shall control in determining the appropriate adverse action.
7. Nothing in this compact may override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation must remain nonpublic if required by the member state’s laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.