North Dakota Code 43-57-08 – Discipline
1. The board may take disciplinary action against a licensee by any of the following means:
Terms Used In North Dakota Code 43-57-08
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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
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. Require the licensee to provide free public or charitable service for a defined period; and
g. Impose fines, not to exceed five thousand dollars for any single disciplinary action. Any fines collected by the board must be deposited in the state general fund.
2. Disciplinary action may be imposed against a licensee upon any of the following grounds:
a. 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.
b. The making of false or misleading statements about the licensee’s skill or the efficacy of any medicine, treatment, or remedy.
c. The conviction of any misdemeanor determined by the board to have a direct bearing upon the licensee’s ability to serve the public or any felony. A license may not be withheld contrary to the provisions of chapter 12.1-33.
d. Habitual use of alcohol or drugs.
e. Physical or mental disability materially affecting the ability to perform the duties of the profession in a competent manner.
f. The performance of any dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public.
g. Obtaining any fee by fraud, deceit, or misrepresentation.
h. Aiding or abetting the practice of the profession by an unlicensed, incompetent, or impaired person.
i. The violation of any provision of the rules of the board, or any action, stipulation, condition, or agreement imposed by the board.
j. The practice of the profession under a false or assumed name.
k. The advertising for the practice of the profession in an untrue or deceptive manner.
l. The representation to a patient that a manifestly incurable condition, sickness, disease, or injury can be cured.
m. The willful or negligent violation of the confidentiality between licensee and patient, except as required by law.
n. Gross negligence in the practice of the profession.
o. Sexual abuse, misconduct, or exploitation related to the licensee’s practice of the profession.
p. A continued pattern of inappropriate care.
q. The imposition by another state or jurisdiction of disciplinary action against a license or other authorization to practice based upon acts or conduct by the licensee which 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.
r. The lack of appropriate documentation in medical records for diagnosis, testing, and treatment of patients.