North Dakota Code 43-13-26.1 – Impaired optometrists
After a hearing conducted pursuant to chapter 28-32, the board may restrict, suspend, or revoke the license of any licensed optometrist whose mental or physical ability to practice optometry with reasonable skill and safety is impaired.
Terms Used In North Dakota Code 43-13-26.1
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Rule: includes regulation. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
1. For the purpose of this section, “impairment” means the inability of a licensee to practice optometry with reasonable skill and safety by reason of:
a. Mental illness; or
b. Physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills.
2. The board may, upon probable cause, require a licensee or applicant to submit to a mental or physical examination by appropriate health care providers designated by the board. The results of the examination are admissible in any hearing, despite any claim of privilege under any contrary rule or statute. Every person who receives a license to practice optometry or who files an application for a license to practice optometry is deemed to have given consent to submit to the admissibility of the results in any hearing. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances deemed to be beyond the licensee’s control, the board may enter a final disciplinary order upon proper notice, hearing, and proof of such refusal.
3. If the board finds, after examination and administrative hearing, that a licensee is impaired, it may take one or more of the following actions:
a. Direct the licensee to submit to care, counseling, or treatment acceptable to the board; and
b. Suspend, limit, or restrict the optometrist’s license for the duration of the impairment.
4. Any licensee or applicant who is prohibited from practicing optometry under this section must be afforded an opportunity, at reasonable intervals, to demonstrate to the satisfaction of the board that the licensee or applicant can resume or begin the practice of optometry with reasonable skill and safety. Licensure may not be reinstated without the payment of the current license fee and may be subject to such reasonable restrictions as may be imposed by the board.