N.D. Admin. Code tit. 112 | N.D. Admin. Code Title 112 — Integrative Health Care

Article 112-01 General Administration

Chapter 112-01-01 Organization of Board

N.D. Admin. Code 112-01-01-01 Organization and functions of the board of integrative health care

1.Functions. The function of the board is to determine if acupuncturists, behavior analyst professionals, naturopaths, and music therapists meet the qualifications to practice in the state of North Dakota and to prevent unqualified acupuncturists, behavior analyst professionals, and music therapists from practicing in North Dakota. The board establishes and enforces the education, licensing examinations, and professional conduct of acupuncturists, behavior analyst professionals, and music therapists in accordance with North Dakota Century Code chapters 43-59 and 43-61.

2.Board membership. The initial board consists of five to seven members appointed by the governor: one acupuncturist, one behavior analyst professional, one music therapist, one medical or osteopathic doctor, one advanced practice registered nurse, one pharmacist, and up to two public members. Members of the board serve three-year terms, except for the initial board members which shall be staggered. Two to three three-year terms expire each year.

Board members annually elect from the board membership the chairman, vice chairman, secretary, and treasurer of the board.

3.Secretary and treasurer. The secretary and the treasurer are elected by the board.

4.Executive director. The board may hire an executive director to oversee the clerical needs of the board, and who will answer to the board chairman.

5.Inquiries. Any questions or suggestions concerning these rules should be sent to the executive director or to the secretary during any time period that the executive director position is unfilled.

History

History: Effective April 1, 2013; amended effective July 1, 2017; January 1, 2021; April 1, 2024.
General Authority: NDCC 28-32-02, 43-57-03
Law Implemented: NDCC 43-57-02, 43-57-03

Chapter 112-01-02 Board Meetings

N.D. Admin. Code 112-01-02-01 Regular or special meetings

The board shall hold regular meetings at least twice a year. Regular or special meetings may be called at any time when the opinion of the board justifies such action.

History

Law Implemented: NDCC 43-57-03

N.D. Admin. Code 112-01-02-02 Committees and advisory groups

1.In order to carry out the duties and functions of the board, the chairman may establish committees from the board membership and define the duties of committees.

2.Pursuant to North Dakota Century Code section 43-57-04, the chairman shall assign an advisory group of three to five members for each profession licensed and regulated by the board.

a.In all consultations requested by the board, the advisory group shall provide written recommendations to the executive director within thirty calendar days of receipt of the request. The executive director shall make a copy available to each board member seven calendar days prior to the board making a final decision. An electronic copy is acceptable if the board member has given prior approval and acknowledges receipt.

b.The advisory group may bring new matters before the board by contacting any member of the board. The advisory group shall follow up with a written statement to the executive director within seven calendar days of contacting the board member. The executive director shall provide a copy to the chairman to determine whether it requires a special meeting.

c.If the board chooses not to implement the advisory group recommendations or take action on a new matter brought before the board by the advisory group, the chairman of the board is required to provide a written letter of explanation to the board member representing the profession and a copy to the advisory group within three business days.

d.If the advisory group believes the board has unreasonably disregarded the advisory group recommendations or new concerns brought before the board, the advisory group may seek recourse through an administrative law judge. If a member of the board has established a pattern of unreasonable disregard, the advisory committee may submit a request to the governor's office to reconsider the board member's appointment for cause.

History

Law Implemented: NDCC 43-57-02, 43-57-04

N.D. Admin. Code 112-01-02-03 Board expenses

Each member of the board shall be reimbursed for the member's mileage and travel expenses for each day the member is actually engaged in performing the duties of the member's office as provided for in North Dakota Century Code sections 43-57-02 and 54-06-09. Each member of the board shall receive per diem in the amount of one hundred dollars for each day or portion thereof spent in the discharge of the member's duties on behalf of current licensees. Per diem compensation for duties related to newly regulated professions begins after the first license has been issued. No per diem shall be paid to board members for duties pertaining to petitions for inclusion.

History

Law Implemented: NDCC 43-57-02

N.D. Admin. Code 112-01-02-04 Petition to the board

Pursuant to North Dakota Century Code section 43-57-05:

1.A petition to request inclusion under the board must be received by the executive director no later than October first of an even year in order to be considered for the next legislative assembly.

a.The petition shall be in the form of a signed letter submitted by an officer of a regulatory board or an association representing the profession or occupation being considered for inclusion under the board. The letter shall include notification of the number of current or eligible licensees within North Dakota. For an occupation or profession already licensed and regulated within North Dakota, the letter shall also state the reason for the request.

b.The petition shall include a copy of the proposed bill draft. The bill draft shall include the proposed education and testing requirements, title restriction provisions, disciplinary measures, and a means to pay startup costs.

2.The board may request additional information from the petitioner as needed. The board may make further requests as necessary to carry out its duties.

3.The board shall provide a written recommendation to the petitioner within thirty calendar days of receipt of all requested information. The recommendation shall be made available to the public upon request.

History

Law Implemented: NDCC 43-57-05

Chapter 112-01-03 Duties of Officers

N.D. Admin. Code 112-01-03-01 Duties of chairman

The chairman shall preside at all meetings of the board, and shall perform such other duties as generally devolve upon that office and as prescribed by law. In the chairman's absence, the vice chairman shall preside and perform the duties of the chairman. In the absence of both the chairman and vice chairman, the secretary shall preside and perform the duties of the chairman.

History

Law Implemented: NDCC 43-57-02

N.D. Admin. Code 112-01-03-02 Duties of secretary and treasurer

The secretary will review and sign minutes of all meetings as prepared by the executive director.

Authorization by the treasurer is required for any checks that exceed five hundred dollars. The treasurer will review the bank statements each month. The secretary will assume the duties of the executive director if the position is unfilled.

History

Law Implemented: NDCC 43-57-03

N.D. Admin. Code 112-01-03-03 Duties of executive director

The board may hire an executive director, who may be an individual or a business which functions in this capacity. If an executive director is hired, the executive director will serve as the filing, recording, and corresponding officer of the board. The executive director shall keep on file a register showing names and addresses and complete registration of all integrative health care practitioners who have been licensed by the board. The executive director shall be custodian of the seal and affix the same to documents when necessary. The executive director shall collect and receipt for all moneys received, keep an accurate account of the same, and deposit all such moneys after each regular or special meeting of the board with the bank selected by the board. The executive director shall keep an accurate record of all moneys received and disbursed and report the condition of the finances to the board after each board meeting or whenever required to do so. The executive director shall take the minutes of each board meeting and make a complete record of the minutes, to be signed by the secretary, which shall be kept in a book provided for that purpose. The executive director will keep the board compliant with the state's open meetings laws.

History

Law Implemented: NDCC 43-57-03

N.D. Admin. Code 112-01-03-04 Other duties

The officers and members of the board shall perform such duties as are enjoined upon them by law.

History

Law Implemented: NDCC 28-32-02

Chapter 112-01-04 Licensee Duties and Disciplinary Matters

N.D. Admin. Code 112-01-04-01 Unlicensed practice

Upon receipt of a complaint that a person is practicing without a license, the board may make a determination, as to whether a person is practicing without a license. In order to make this determination, the board may conduct an investigation to make a determination if an individual is unlicensed, including reviewing records, interviewing persons who may have knowledge of the unlicensed practice, contacting third parties to verify background, or requesting any other information that may help make the determination of unlicensed activity.

If the determination is made that an individual is unlicensed pursuant to this section, the board may send a letter to the person about whom the complaint was made directing that the person immediately cease and desist. The person will be given ten working days to submit an application to practice. If the person does not apply, or continues to practice without a license, the person may be referred to the state's attorney in the county in which the person is located for prosecution.

The board is not required to follow this procedure, and this procedure does not provide a criminal defendant with any additional rights, nor a defense against prosecution or conviction in a criminal proceeding.

History

History: Effective April 1, 2013; amended effective July 1, 2017.
Law Implemented: NDCC 43-57-02, 43-57-03, 43-57-11, 43-58-03, 43-59-03, 43-61-03

N.D. Admin. Code 112-01-04-02 Code of ethics

1.Music therapists. The board adopts the 2011 edition of the Certification Board for Music Therapists Code of Professional Practice as the code of ethical conduct governing the practice of music therapy.

2.Acupuncturists. The board adopts the 2008 edition of the National Certification Commission of Acupuncture and Oriental Medicine (NCCAOM) as the code of ethical conduct governing the practice of acupuncture and oriental medicine.

3.Behavior analyst professionals. The board adopts the 2014 edition of the behavior analyst certification board professional and ethical compliance code for behavior analysts as the code of ethical conduct governing the practice and supervision of applied behavior analysis.

History

History: Effective April 1, 2013; amended effective July 1, 2017; January 1, 2021; April 1, 2024.
Law Implemented: NDCC 43-57-03

N.D. Admin. Code 112-01-04-03 Unprofessional conduct

The board may revoke, suspend, or deny a license to any person otherwise qualified or licensed by the board who is found to have committed unprofessional conduct. Unprofessional conduct includes the following:

1.Exploitation of patients for financial gain, which includes:

a.Overutilization of services. Overutilization is defined as services rendered or goods or appliances sold to a patient for the financial gain of the licensee or a third party, which are excessive in quality or quantity to the justified needs of the patient.

b.Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient.

c.Exercising undue influence on a patient or client, including the promotion or the sale of services, goods, or appliances in such a manner as to exploit the patient or client.

d.The administration of treatment or the use of diagnostic procedures which are excessive as determined by the customary practices and standards of the local community of licensees.

2.Willfully harassing, abusing, or intimidating a patient, either physically or verbally.

3.Failing to maintain a patient record and a billing record for each patient, which accurately reflects the evaluation or treatment, or both, of the patient and the fees charged to the patient.

Unless otherwise provided, all patient records must be retained for at least ten years.

4.The willful or grossly negligent failure to comply with the substantial provisions of federal, state, or local laws, rules, or regulations governing the practice of the profession.

5.Any conduct which has endangered or is likely to endanger the health, welfare, or safety of the public, including habitual alcohol abuse, illegal use of controlled substances, or conducting unauthorized experiments or tests upon patients.

6.Conviction of a crime which is substantially related to the qualifications, functions, or duties of a profession or occupation regulated by the board.

7.Conviction of a felony, or any offense involving moral turpitude, dishonesty, or corruption.

8.Violation of any of the provisions of law regulating the dispensing or administration of narcotics, dangerous drugs, or controlled substances.

9.The commission of any act involving moral turpitude or dishonesty, whether the act is committed in the course of the individual's activities as a licenseholder or otherwise.

10.Knowingly making or signing any false certificate or other document relating to the practice of patient care which falsely represents the existence or nonexistence of a state of facts.

11.Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violations of, or conspiring to violate any provision of the law or the rules adopted by the board.

12.Making or giving any false statement or information in connection with the application for issuance of a license.

13.Participation in any act of fraud or misrepresentation.

14.Except as required by law, the unauthorized disclosure of any information about a patient revealed or discovered during the course of examination or treatment.

15.The offering, delivering, receiving, or accepting of any rebate, refund, commission, preference, patronage, dividend, discount, or other consideration as compensation or inducement for referring patients to any person.

16.Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which a licensee knows or has reason to know that the licensee is not competent to perform, or performing without adequate supervision professional services which a licensee is authorized to perform only under the supervision of a licensed professional, except in an emergency situation where a person's life or health is in danger.

17.Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure, to perform them.

18.Advertising or soliciting for patronage that is not in the public interest, which includes:

a.Advertising or soliciting which is false, fraudulent, deceptive, or misleading.

b.Advertising or soliciting which guarantees any service or result.

c.Advertising or soliciting which makes any claim relating to professional services or products or the cost or price thereof which cannot be substantiated by the licensee.

d.Advertising or soliciting which make claims relating to professional superiority which cannot be substantiated by the licensee.

e.Advertising or soliciting which is based upon a claim that the licensee uses a secret or special method of treatment and the licensee refuses to divulge the secret or special method of treatment to the board.

f.Advertising no out-of-pocket expenses or practicing the same.

19.Violation of any term of suspension or probation imposed by the board.

20.Initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior involving a current patient, even if the patient attempts to sexualize the relationship, except when the patient is the licensee's spouse.

History

Law Implemented: NDCC 43-57-08

N.D. Admin. Code 112-01-04-04 Administrative sanction

An administrative sanction shall be imposed in the amount of three times the application fee for any applicant or licensee regulated by the board who provides false or deceptive information with regard to any material fact concerning eligibility for initial license or renewal after verifying or certifying that the information provided is true. This includes all material information provided in an initial license application, an annual renewal, or a report of compliance with mandatory continuing education requirements. The imposition of an administrative sanction under this section is not a disciplinary action of the board; however, it does not preclude the board from also imposing disciplinary action, or other penalties provided by law, for the same conduct in appropriate cases. An applicant or licensee may challenge the imposition of an administrative sanction under this section in a hearing under North Dakota Century Code chapter 28-32 before an administrative law judge.

History

General Authority: NDCC 43-57-03, 43-57-08
Law Implemented: NDCC 43-57-08

N.D. Admin. Code 112-01-04-05 Report of disciplinary actions

The board will report all final disciplinary actions to the federal health care integrity and protection database. The board may also publish all final disciplinary actions in select state newspapers.

History

Law Implemented: NDCC 43-57-03, 43-57-08

N.D. Admin. Code 112-01-04-06 Reporting contagious or infectious diseases

To comply with the state law regarding contagious or infectious diseases, medical practitioner licensees shall immediately notify the health officer of the community of the existence of such diseases.

History

History: Effective April 1, 2013; amended effective July 1, 2017.
General Authority: NDCC 28-32-02, 43-57-03, 43-58-09, 43-61-09
Law Implemented: NDCC 23-07-01, 43-57-03, 43-58-09, 43-61-09

N.D. Admin. Code 112-01-04-07 Reporting child abuse

A licensee having knowledge of or reasonable cause to suspect that there is child abuse or neglect is mandated to report the circumstances to the department of human services if the knowledge or suspicion is derived from information received by the licensee in the licensee's professional capacity.

History

Law Implemented: NDCC 50-25.1-03

N.D. Admin. Code 112-01-04-08 Self reporting of offenses and actions

1.A licensee who has been convicted of an offense stated in subsections 6, 7, and 8 of section 112-01-04-03 shall notify the board within ten working days of conviction.

2.A licensee who has been officially disciplined by another licensing board in North Dakota or in another jurisdiction shall notify the board within ten working days of disciplinary notification.

History

History: Effective July 1, 2017.
Law Implemented: NDCC 43-57-03, 43-57-08

N.D. Admin. Code 112-01-04-09 Supervision of students - Music therapy, acupuncture

Licensees for music therapy and acupuncture in good standing who have been in practice for one or more years may accept prospective professional students for limited practice observation, and may accept current professional students of recognized accredited schools for unpaid preceptorships.

Prospective students and preceptor students may participate in observation of professional practice with the permission of patients. Preceptor students may assist in hands-on tasks if the student is under the direct supervision of a licensee, the student is in the clinical phase of their education, the patient grants permission, and the licensee has a recognized preceptor affiliation with an approved school within their own profession or the preceptee's profession. The licensee may not allow hands-on assistance with tasks that exceed the education and training of the student.

History

History: Effective July 1, 2017; amended effective January 1, 2021; April 1, 2024.
Law Implemented: NDCC 43-57-03

Chapter 112-01-05 License Revocation, Suspension, Denial, or Limitation

N.D. Admin. Code 112-01-05-01 Relicensure after revocation

A licensee who has had a license revoked is not eligible to apply for relicensure for at least one year following the date the revocation order was signed by a board official, unless otherwise specified in the order.

History

General Authority: NDCC 28-32-02, 43-57-08
Law Implemented: NDCC 43-57-11

N.D. Admin. Code 112-01-05-02 License suspension

During a period of suspension, the suspended licensee shall not provide or assist in any type of patient care or patient communications.

History

General Authority: NDCC 28-32-02, 43-57-08
Law Implemented: NDCC 43-57-11

N.D. Admin. Code 112-01-05-03 Denial or limitation of licensure

In the event the board makes an initial determination that an applicant does not meet the requirements for licensure, or that an applicant should be granted a limited or conditioned license, the board shall promptly give the applicant notice, personally or by certified mail, that it has made an informal decision to deny the application or to place conditions or limitations on the applicant's license.

The board shall also advise the applicant as follows:

1.The applicant has the right to have the merits of the application considered at a formal hearing in accordance with the provisions of the North Dakota Administrative Agencies Practice Act, North Dakota Century Code chapter 28-32.

2.To secure a formal hearing on the merits of the application, the applicant must contact the board to request the hearing within sixty days of being given notice of the board's informal decision.

3.In the event an applicant does not request a formal hearing within sixty days of the date on which the applicant is given notice that the board has made an informal decision to deny the application or to place conditions or limitations on the applicant's license, then the board's informal decision will become the final order of the board.

History

General Authority: NDCC 28-32-02, 43-57-03
Law Implemented: NDCC 43-57-09

N.D. Admin. Code 112-01-05-04 Right to appeal

If a person is aggrieved by a denial, suspension, or revocation of a license, the aggrieved person may appeal the decision pursuant to the Administrative Agencies Practice Act.

History

General Authority: NDCC 28-32-02, 43-57-03
Law Implemented: NDCC 43-57-03, 43-57-09

Chapter 112-01-06 Provisional Temporary License

N.D. Admin. Code 112-01-06-01 License for interval between board meetings

1.The board may issue a provisional temporary license to an applicant if:

a.The applicant holds a valid license in another state; and

b.In the board's judgment the applicant meets all of the requirements for licensure.

2.A provisional temporary license is valid from the date of issue for the shorter of three months or until the time of the next regularly scheduled meeting of the board.

History

History: Effective April 1, 2013; amended effective April 1, 2024.
General Authority: NDCC 43-57-03, 43-59-03
Law Implemented: NDCC 43-57-03, 43-59-03

Article 112-03 Music Therapist Licensure

Chapter 112-03-01 Music Therapy

N.D. Admin. Code 112-03-01-01 Definitions

Unless specifically stated otherwise, all definitions found in North Dakota Century Code chapter 43-59 are applicable to this title. In this title, unless the context or subject matter otherwise requires:

1."National association" means the American music therapy association or its successor. The successor may be an accrediting agency recognized by the United States department of education.

2."National board" means the certification board for music therapists or its successor.

3."National board examinations" means the music therapy examination for board certification or its successor.

N.D. Admin. Code 112-03-01-02 Application for licensure

Application shall be made on the official form issued by the board. The form may be secured from the board's official website.

1.Applicants holding current board certification from the certification board for music therapists shall be considered when all of the following have been received:

a.A signed and dated completed official application form, including the applicant's certification number from the certification board for music therapists.

b.The application fee and the initial license fee.

c.Applicants holding a professional designation from the national music therapy registry (RMT-registered music therapist; CMT-certified music therapist; ACMT-advanced certified music therapist) shall submit the following documents for consideration:

(1)A signed and dated completed official application form;

(2)A photocopy of the professional designation granted by the national music therapy registry. The copy must include the type of designation and designation number;

(3)A current curriculum vitae documenting the practice of music therapy, including the contact information for two professional references, one of which must relate to the practice of music therapy; and (4)The application fee and the initial licensing fee.

N.D. Admin. Code 112-03-01-03 License by endorsement

An application for license by endorsement will be considered by the board if the following conditions are met:

1.The candidate has received a music therapy degree from a national association-approved school.

2.The candidate holds a current valid license in good standing to practice as a music therapist in another state or jurisdiction. Official written verification of licensure status must be received by the board from the other state or jurisdiction.

3.The board certification requirements of the other state or jurisdiction are the same. Official verification of board certification requirements must be received by the board from the other state or jurisdiction.

4.The candidate has filed with the board an official application for licensure by endorsement, a copy of the diploma from an approved school, a copy of the current valid license, and the required application fee.

N.D. Admin. Code 112-03-01-04 Examination requirements

1.Those applicants for licensure who have obtained a passing score on the music therapy examination for board certification or who transitioned into board certification and have remained actively certified by the certification board for music therapists or its successor shall be deemed to have met the examination requirements.

2.Those applicants who hold a professional designation from the national music therapy registry are exempt from the examination requirement when applying for the initial license but must obtain a passing score on the national board examination prior to renewing their licenses.

Official verification of satisfactory passage must be received by the board before a license may be renewed.

History

Law Implemented: NDCC 43-59-03

N.D. Admin. Code 112-03-01-05 License issued - Approved designation

When it shall have been determined by the board that any candidate is at least eighteen years of age, has met the examination requirements outlined in section 112-03-01-04, and is a person of good moral character, there shall be issued to such candidate a license to practice music therapy. The licensee may use the designation music therapist.

History

Law Implemented: NDCC 43-57-06, 43-59-02, 43-59-03

N.D. Admin. Code 112-03-01-06 License displayed

1.If a licensed music therapist moves to a new office location, the board must be notified of the change.

2.A current certificate or duplicate certificate issued by the board must at all times be displayed in each office location of the music therapist. In case of loss or destruction, a duplicate certificate may be issued by the board upon receipt of satisfactory evidence of the loss or destruction.

3.A licensed music therapist providing temporary services in offsite locations must carry a duplicate license wallet card and show the card upon request.

History

Law Implemented: NDCC 43-57-03, 43-59-02

N.D. Admin. Code 112-03-01-07 License renewal and fees

1.Every music therapist who has been licensed by the board shall renew the license by remitting a renewal fee on or before December thirty-first of each odd-numbered year and completing the questionnaire provided by the board. For applicants who receive an initial license after July first in an odd-numbered year, the license will be deemed to be automatically renewed on December thirty-first for an additional two years without payment of an additional renewal fee.

2.The applicant for renewal shall certify on the questionnaire that the continuing education requirements have been or will be met by December thirty-first. The applicant must keep records of completed continuing education. The board shall conduct random compliance audits of licensees. Failure to complete continuing education is considered unprofessional conduct.

3.A license renewal application received on or after January first of an even-numbered year is a late renewal and requires a new completed application form, the renewal fee, plus a late fee set by the board. Proof of appropriate continuing education hours must be presented. A license that has not been renewed by December thirty-first in an odd-numbered year is a lapsed license.

History

Law Implemented: NDCC 43-57-07, 43-59-03

N.D. Admin. Code 112-03-01-08 Lapsed licenses

Once a license has lapsed, the person who held the lapsed license may not practice music therapy or use a title reserved under state law for individuals who are licensed by the board until a new license is issued. A person whose license has lapsed but who continues to practice music therapy or use a restricted title violates state law and this chapter. Such a violation is grounds for denying an application by the former licensee for renewal of the lapsed license or for a new license.

History

Law Implemented: NDCC 43-57-03, 43-57-07, 43-59-02

N.D. Admin. Code 112-03-01-09 Continuing education requirements

1.All active licensees shall complete a minimum of forty hours of approved continuing education credit biennially. Only hours earned at board-accepted continuing education programs will be allowed. One hour of credit is earned for every fifty minutes of actual class time.

2.An extension of time or other waiver to complete the hours required in subsection 1 shall be granted upon written application if the licensee failed to meet the requirements due to illness, military service, medical or religious missionary activity, or other extenuating circumstance.

N.D. Admin. Code 112-03-01-10 Board approval of continuing education

1.In order to receive board approval, a continuing education program must be accepted by the national board.

2.It is the responsibility of the licensee to verify the appropriate credit designation with the source of the program, not with the board. All licensees must verify eligibility for continuing credit and the appropriate credit designation before taking any particular course.

N.D. Admin. Code 112-03-01-11 Board audit

Each biennium the board will audit randomly selected music therapists to monitor compliance with the continuing education requirements. Any music therapist so audited will be required to furnish documentation of compliance, including the name of the continuing education provider, name of the program, hours of continuing education completed, dates of attendance, and verification of attendance.

Any music therapist who fails to provide verification of compliance with the continuing education requirements will be subject to revocation of licensure. In order to facilitate the board's audits, every music therapist is required to maintain a record of all continuing education activities in which the music therapist has participated. Every music therapist must maintain those records for a period of at least two years following the time when those containing education activities were reported to the board.

History

Law Implemented: NDCC 43-57-07, 43-57-08, 43-59-03

N.D. Admin. Code 112-03-01-12 Fees

The board charges the following nonrefundable fees:

1.Application. The fee for filing an application for an initial license is fifty dollars.

2.Initial license. The fee for an initial license is one hundred dollars. The licensing period is biennial, ending on December thirty-first every odd-numbered year. The initial license fee shall be prorated quarterly based upon the time period remaining in the two-year cycle at application.

3.Temporary license. The temporary license fee shall be one hundred dollars. The cost of the temporary license fee will be applied toward the initial license fee upon receipt of application for the initial license.

4.Renewal. Licenses renew on December thirty-first every odd-numbered year. The renewal fee is one hundred dollars for active status and seventy-five dollars for inactive status.

5.Change of status. To change from inactive to active status, the fee shall be prorated on a quarterly basis on the time period remaining in the two-year cycle.

6.Late filing. An additional late filing fee will be charged on renewal applications not received by December thirty-first every odd-numbered year. The late filing fee is seventy-five dollars.

7.Duplicate license. The duplicate license fee for a license certificate is twenty-five dollars. The duplicate license fee for a license wallet card is twenty dollars.

Article 112-04 Acupuncture Licensure

Chapter 112-04-01 Admission to Practice Acupuncture

N.D. Admin. Code 112-04-01-01 Definitions

Unless specifically stated otherwise, all definitions found in North Dakota Century Code chapter 43-61 are applicable to this title. In this title, unless the context or subject matter otherwise requires:

1."Accreditation commission" means the accreditation commission for acupuncture and oriental medicine (ACAOM) or its successor. The successor must be an accrediting agency recognized by the United States department of education.

2."Certification commission" means the national certification commission for acupuncture and oriental medicine or its successor.

3."In accordance with acupuncture and oriental medicine training" means the practice of acupuncture and oriental medicine by means that are consistent with the education of an approved acupuncture school, are generally recognized as safe and effective, and generally considered to be within the accepted practice standards for the acupuncture profession.

4."National board examinations" means the diplomate of acupuncture or the diplomate of oriental medicine certification examinations established by the certification commission, or its successor.

5."Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy of the body and treating with needle acupuncture or other oriental treatment modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain. The definition of acupuncture in North Dakota Century Code

section 43-61-01 includes aspects of oriental medicine which are appropriate for acupuncturists to include in their practice.

6."Prescription drug" means a legend drug as defined by section 503(b) of the Federal Food, Drug and Cosmetic Act [21 U.S.C. 353 et seq.] and under its definitions its label is required to state "Rx only".

History

Law Implemented: NDCC 43-57-03, 43-61-01

N.D. Admin. Code 112-04-01-02 Approval of schools

1.The board shall approve an acupuncture school that meets the following criteria:

a.Is accredited or a candidate for accreditation by the accreditation commission; and

b.Offers a residential graduate degree program with a curriculum of at least 1905 hours/105 credits.

2.Foreign schools may be considered for board approval if the requirement subdivision b of subsection 1 is met and graduates are approved to take the national board examination by the certification commission.

3.The board shall maintain an updated list of approved acupuncture schools in the United States and make it available upon inquiry.

History

General Authority: NDCC 28-32-02, 43-57-03, 43-61-01
Law Implemented: NDCC 43-57-03

N.D. Admin. Code 112-04-01-03 Applications for licensure

Application shall be made on the official form issued by the board.

1.Applicants seeking licensure pursuant to the regular application procedure in North Dakota Century Code section 43-61-05 shall be considered when all of the following have been received:

a.A signed and dated completed official application form.

b.An official transcript of the national board examinations sent directly to the board from the certification commission verifying satisfactory passage of the national board examinations.

c.An official complete transcript sent directly to the board from the approved acupuncture school from which the applicant graduated verifying date of graduation and completion of clinical training.

d.The application fee and the initial license fee.

2.Applicants seeking a license or limited license pursuant to the grandfathering procedure in North Dakota Century Code section 43-61-06 shall submit the following documents for consideration:

a.A signed and dated completed official application form.

b.An official transcript from the certification commission verifying status as a certified diplomate.

c.Documentation of practical postgraduate clinical experience, including dates, clinic contact information, and supervisor contact information for verification purposes.

d.Documentation of North Dakota residency throughout calendar year 2015.

e.Documentation of the practice of acupuncture in North Dakota in 2015.

f.The application fee and the licensing fee.

History

Law Implemented: NDCC 43-61-04, 43-61-05, 43-61-06

N.D. Admin. Code 112-04-01-04 Licensure by endorsement

An application for license by endorsement will be considered by the board if the following conditions are met:

1.The candidate has graduated from and holds a degree from an approved acupuncture school.

2.The candidate holds a current valid license in good standing to practice as an acupuncturist in another state or jurisdiction. Official written verification of licensure status must be received by the board from the other state or jurisdiction.

3.The examination requirements of the other state or jurisdiction are substantially similar as in North Dakota.

4.The candidate has filed with the board an official application for licensure by endorsement, a copy of the diploma from an approved acupuncture school, a copy of the current valid license, and the required application fee.

History

Law Implemented: NDCC 43-61-07

N.D. Admin. Code 112-04-01-05 Photograph

An unmounted passport photograph of the applicant must be attached in the space provided on the application before filing with the board. The photograph must have been taken within one year of the date of application.

History

Law Implemented: NDCC 43-57-04, 43-61-04

N.D. Admin. Code 112-04-01-06 Examination requirements

1.Those applicants for licensure who have obtained a passing score on the national board examinations shall be deemed to have met the examination requirement specified in North Dakota Century Code section 43-61-05.

2.The examination requirements for licensure must be successfully completed within four years from graduation. The board may grant an exception to this requirement for applicants who have concurrently pursued another graduate degree, and the applicant presents a verifiable, rational, and compelling explanation for not meeting the four-year time limit.

3.An applicant is permitted a maximum of five attempts to pass each part or component of the national board examination. If the applicant fails to pass each part or component of the national board examination after five attempts, the applicant is not eligible to apply for a license until one year has passed and must reapply as a new applicant.

History

Law Implemented: NDCC 43-61-05

N.D. Admin. Code 112-04-01-07 License issued

When board determines a candidate has successfully graduated from an approved school, passed the national board examination, and is a person of good moral character, the board shall issue the candidate a license to practice acupuncture.

History

General Authority: NDCC 28-32-02, 43-57-06
Law Implemented: NDCC 43-57-05, 43-57-06

N.D. Admin. Code 112-04-01-08 Location of practice - License displayed

1.If a licensed acupuncturist moves from the acupuncturist's primary location, the office of the executive director must be notified of the change of location of the acupuncturist. A current certificate or duplicate certificate issued by the board must at all times be displayed prominently in each office location of the acupuncturist. In case of loss or destruction, a duplicate certificate may be issued by the board upon receipt of satisfactory evidence of the loss or destruction.

2.A licensed acupuncturist providing temporary services in offsite locations must carry a duplicate license wallet card and show the card upon request.

History

Law Implemented: NDCC 43-61-03

N.D. Admin. Code 112-04-01-09 License renewal

1.Every acupuncturist who has been licensed by the board shall renew the license by remitting a renewal fee on or before December thirty-first of each even-numbered year and completing the questionnaire provided by the board. For applicants who receive an initial license after July first in an even-numbered year, the license will be deemed to be automatically renewed on December thirty-first for an additional two years without payment of an additional renewal fee.

3.A license renewal application received on or after January first of an odd-numbered year is a late renewal and requires a new completed application form, the renewal fee, plus a late fee set by the board. Proof of appropriate continuing education hours must be presented. A license that has not been renewed by December thirty-first in an even-numbered year is a lapsed license.

History

Law Implemented: NDCC 43-57-06, 43-57-07, 43-61-03

N.D. Admin. Code 112-04-01-10 Lapsed licenses

Once a license has lapsed, the person who held the lapsed license may not practice acupuncture or use a title reserved under state law for individuals who are licensed by the board until a new license is issued. A person whose license has lapsed but who continues to practice acupuncture or use a restricted title violates state law and this chapter. Such a violation is grounds for denying an application by the former licensee for renewal of the lapsed license or for a new license.

History

General Authority: NDCC 43-57-03
Law Implemented: NDCC 43-57-11, 43-61-03

N.D. Admin. Code 112-04-01-11 Fees

The board charges the following nonrefundable fees:

1.Application. The fee for filing an application for an initial license is fifty dollars.

2.Initial license. The fee for an initial license is three hundred dollars. The licensing period is biennial, ending on December thirty-first every even-numbered year. The initial license fee shall be prorated quarterly based upon the time period remaining in the two-year cycle at application.

3.Temporary license. The temporary license fee for acupuncturists shall be one hundred dollars. The cost of the temporary license fee will be applied toward the initial license fee upon receipt of application for the initial license.

4.Renewal. Licenses renew on December thirty-first every even-numbered year. The renewal fee is two hundred dollars for active status and one hundred dollars for inactive status.

5.Change of status. To change from inactive to active status, the fee shall be prorated on a quarterly basis on the time period remaining in the two-year cycle.

6.Late filing. An additional late filing fee will be charged on renewal applications not received by December thirty-first every even-numbered year. The late filing fee for acupuncturists is seventy-five dollars.

7.Duplicate license. The duplicate license fee for an acupuncture license certificate is twenty-five dollars. The duplicate license fee for an acupuncturist license wallet card is twenty dollars.

History

General Authority: NDCC 43-57-03
Law Implemented: NDCC 43-57-03, 43-57-07, 43-61-05

Chapter 112-04-02 Authority of Acupuncturists

N.D. Admin. Code 112-04-02-01 Rights and Privileges

Unless otherwise limited by statute, licensed acupuncturists shall be entitled to the rights and privileges of health care practitioners in North Dakota in accordance with acupuncture and oriental medicine training. The practice of acupuncture in North Dakota Century Code section 43-61-01 includes aspects of oriental medicine, such as:

1.Using oriental medicine theory to assess and diagnose a patient;

2.Using oriental medicine theory to develop a plan to treat a patient; and

3.Prescribing and administering oriental medicine therapies as part of a patient treatment plan.

History

Law Implemented: NDCC 43-61-08

N.D. Admin. Code 112-04-02-02 Advertising

Licensed acupuncturists will be privileged to advertise their practice in any legitimate manner set forth in the code of ethics adopted by the board under section 112-01-04-02, except as limited or prohibited by statute. Doctoral level licensed acupuncturists may use the prefix "doctor" or "Dr." in accordance with an accredited doctoral acupuncture degree but may not advertise any acupuncture title or designation except those established under North Dakota Century Code chapter 43-61-03.

History

Law Implemented: NDCC 43-61-03, 43-61-08

N.D. Admin. Code 112-04-02-03 Authority to administer, prescribe, and dispense

The practice of acupuncture includes the administration, prescription, dispensing, ordering, or performing of the following based on oriental medicine principles:

1.Food, nutritional supplements, herbs, and patent herbal remedies.

2.Health counseling, nutritional therapy, herbal therapy, oriental massage, exercises, and breathing techniques.

3.Acupuncture point stimulation by acupuncture needles, auriculotherapy, cupping, electricity, heat, dermal friction, gua sha, and touch.

History

Law Implemented: NDCC 43-61-08

N.D. Admin. Code 112-04-02-04 Needle acupuncture administration; acupuncture point stimulation

1.A licensed acupuncturist shall administer needle acupuncture in accordance with acupuncture and oriental medicine training. Needles used in the practice of acupuncture shall only be prepackaged, single use, sterile acupuncture needles. These needles shall only be used on an individual patient in a single treatment session and disposed of according to federal standards for biohazard waste. Acupuncture points must be cleaned with alcohol or another approved clean needle technique (CNT) antiseptic prior to needle insertion.

2.A licensed acupuncturist must have a plan to manage patient adverse events, including allergy.

History

Law Implemented: NDCC 43-57-03, 43-57-08

N.D. Admin. Code 112-04-02-05 Requirement to refer

1.A licensed acupuncturist shall request a consultation or written diagnosis from a licensed physician for patients with potentially serious disorders. A referral to a licensed physician is required when a patient has signs or symptoms of:

a.Cardiac conditions including uncontrolled hypertension;

b.Acute, severe abdominal pain;

c.Acute, undiagnosed neurological changes;

d.Unexplained weight loss or gain in excess of fifteen percent of the body weight in less than a three-month period;

e.Suspected fracture or dislocation;

f.Suspected systemic infections;

g.Any serious undiagnosed hemorrhagic disorder; and

h.Acute respiratory distress without previous history.

2.A licensed acupuncturist shall refer a patient to a licensed physician in the event of:

a.Suspected pneumothorax; or

b.Broken acupuncture needle.

History

Law Implemented: NDCC 43-57-03, 43-57-08

Chapter 112-04-03 Continuing Acupuncture Education

N.D. Admin. Code 112-04-03-01 Continuing education requirements

1.All active licensees shall complete a minimum of thirty hours of approved continuing education credit during the biennial licensing cycle. Only hours earned at board-accepted continuing education programs will be allowed. One hour of credit is earned for every fifty minutes of actual class time.

a.CPR recertification is required each biennial cycle and is granted four continuing education units.

b.Two credits are required in either ethics or safety each biennial cycle.

History

Law Implemented: NDCC 43-57-03, 43-57-07, 43-61-03

N.D. Admin. Code 112-04-03-02 Exceptions

The following licensed acupuncturists are not required to meet the continuing education requirements of this chapter:

1.Acupuncturists who are enrolled in full-time graduate acupuncture education programs (doctoral degrees, residencies, and fellowships).

2.Acupuncturists who hold a provisional temporary license, and acupuncturists who have not renewed their licenses for the first time since being granted a regular permanent license by the board.

3.Acupuncturists who have retired from the active practice of acupuncture and oriental medicine. This exception is available only to retired acupuncturists who have completely and totally withdrawn from the practice of acupuncture and oriental medicine. Any acupuncturist seeking to be excused from completing continuing acupuncture education requirements under this subsection must submit an affidavit to the board (on the board's form) certifying that the acupuncturist will render no acupuncture services during the term of the next continuing education reporting period.

History

Law Implemented: NDCC 43-57-03, 43-57-07

N.D. Admin. Code 112-04-03-03 Board approval

1.In order to receive board approval, a continuing education program must be accepted by the credentialing commission.

2.It is the responsibility of the licensee to verify the appropriate credit designation with the source of the program. All licensees must verify eligibility for continuing credit and the appropriate credit designation before taking any particular course.

History

Law Implemented: NDCC 43-57-03, 43-57-07, 43-61-03

N.D. Admin. Code 112-04-03-04 Board audit

Each biennium the board will audit randomly selected acupuncturists to monitor compliance with the continuing education requirements. Any acupuncturist so audited will be required to furnish documentation of compliance, including the name of the continuing education provider, name of the program, hours of continuing education completed, dates of attendance, and verification of attendance.

Any acupuncturist who fails to provide verification of compliance with the continuing education requirements will be subject to revocation of licensure. In order to facilitate the board's audits, every acupuncturist is required to maintain a record of all continuing education activities in which the acupuncturist has participated. Every acupuncturist must maintain those records for a period of at least two years following the time when those containing education activities were reported to the board.

History

Law Implemented: NDCC 43-57-07, 43-57-08, 43-61-03

N.D. Admin. Code 112-04-03-05 Inactive status

On or before December thirty-first of each even-numbered year, licensees may elect to renew their licenses as inactive. The inactive status is at a reduced fee for those licensees who do not practice, consult, or provide any service relative to the acupuncture profession in the state. The inactive licensee does not have to provide proof of continuing education hours. Any inactive licensee may activate the license at any time by paying an additional fee and showing proof of thirty hours of continuing acupuncture education in the preceding twenty-four months.

History

General Authority: NDCC 28-32-02, 43-57-03
Law Implemented: NDCC 43-57-07, 43-57-08

Article 112-05 Behavior Analyst Licensure

Chapter 112-05-01 Behavior Analysts

N.D. Admin. Code 112-05-01-01 Definitions

Unless specifically stated otherwise, all definitions found in North Dakota Century Code chapter 43-64 are applicable to this title. In this title, unless the context or subject matter otherwise requires:

1."Certifying entity" means behavior analyst certification board or a certifying entity accredited by the national commission for certifying entities or the American national standards institute.

2."Licensed assistant behavior analyst" means an individual licensed under North Dakota Century Code chapter 43-64 as a licensed assistant behavior analyst and is supervised by a licensed behavior analyst.

3."Licensed behavior analyst" means an individual licensed under North Dakota Century Code

chapter 43-64 as a licensed behavior analyst.

4."National board" means behavior analyst certification board or its successor.

5."National board examinations" means the board-certified behavior analyst or board-certified assistant behavior analyst examination for board certification or its successor.

N.D. Admin. Code 112-05-01-02 Application for licensure - Requirements

1.The board may grant licensure as a licensed behavior analyst to an applicant in the practice of applied behavior analysis, who meets all of the following requirements:

a.The applicant has a doctorate or master's degree from a program accredited or verified by the association for behavior analysis international or approved by the behavior analyst certification board.

b.The applicant has passed the board-certified behavior analyst examination offered by the behavior analyst certification board.

c.The applicant is certified by the behavior analyst certification board.

d.The applicant has passed the North Dakota professional responsibility examination once developed and approved by the board.

2.The board may grant licensure as a licensed assistant behavior analyst to an applicant in the practice of applied behavior analysis, who meets all of the following requirements:

a.The applicant has a bachelor's degree from a school or college that meets one of the following requirements:

(1)A bachelor's degree in a program accredited or verified by the association for behavior analysis international.

(2)A bachelor's degree in a program approved by the behavior analyst certification board.

b.The applicant has passed the board-certified assistant behavior analyst examination offered by the behavior analyst certification board.

c.The applicant has passed the North Dakota professional responsibility examination once developed and approved by the board.

d.The applicant provides proof acceptable to the board that the applicant will be supervised by a licensed behavior analyst in the state who is currently certified and in good standing with the behavior analyst certification board, and that the supervision complies with current behavior analyst certification board supervision requirements.

3.Notwithstanding the education, experience, and examination requirements for licensure under this section, if on December 31, 2019, an applicant held a valid license or registration issued by the state board of psychologist examiners under North Dakota Century Code chapter 43-32, the applicant is deemed to have met the education, experience, and examination requirements for licensure.

N.D. Admin. Code 112-05-01-03 Application for licensure - How made

An application must be made on the official form issued by the board. The form may be secured from the board's official website. Applicants who meet the requirements for licensure are considered when all of the following has been received:

1.A signed and dated completed official application form;

2.Proof of current certification in good standing issued directly from the behavior analyst certification board;

3.The application fee; and

4.The initial license fee.

N.D. Admin. Code 112-05-01-04 License by endorsement

An application for license by endorsement will be granted by the board if the following conditions are met:

1.The applicant has graduated from an accredited program in which the individual is applying in this state.

2.The applicant has completed the behavior analyst certification board national examination required by the board related to competence in applied behavior analysis.

3.The applicant holds a verified current valid license in good standing to practice as a behavior analyst professional in another state or jurisdiction.

4.The current board certification requirements of the other state or jurisdiction are substantially similar as the current licensure requirements of this state. Official verification of board certification requirements must be received by the board from the other state or jurisdiction.

5.The applicant has filed with the board an official application for licensure by endorsement, a copy of the diploma from an approved school, a copy of the current valid license, and the required application fee.

History

Law Implemented: NDCC 43-57-03, 43-64-03

N.D. Admin. Code 112-05-01-05 License issued - Approved designation

When it has been determined by the board that any applicant is at least eighteen years of age, has met the requirements outlined in chapter 112-04-01, and is an individual whose past conduct aligns with the code of ethics adopted by the board, the board shall issue to such applicant a license to practice behavior analysis. The licensee may use the designation licensed behavior analyst or licensed assistant behavior analyst.

History

Law Implemented: NDCC 43-57-06, 43-64-02, 43-64-03

N.D. Admin. Code 112-05-01-06 Student supervision

1.Students intending to seek licensure must be supervised by a qualified supervisor.

a.Qualified supervisors must be one of the following:

(1)A licensed behavior analyst in good standing with the board;

(2)A licensed or registered psychologist certified by the American board of professional psychology in behavioral and cognitive psychology who was tested in applied behavior analysis; or (3)An authorized, verified course sequence instructor who is providing supervision in a practicum or intensive practicum; and

b.The supervisor must have met the requirements for providing supervision before providing supervision to anyone seeking experience hours and must be in good standing with the board.

2.The supervisor and student shall develop and sign a written contract at the outset of the supervisory relationship outlining the responsibilities of each party and description of the activities. Each contract must indicate that both parties shall adhere to the code of ethics adopted by the board.

History

Law Implemented: NDCC 43-57-06, 43-64-03, 43-64-04

N.D. Admin. Code 112-05-01-07 License displayed

1.If a licensed behavior analyst or licensed assistant behavior analyst moves to a new office location, the board must be notified of the change in address within thirty days.

2.A current certificate issued by the board must at all times be displayed in each office location of the licensed behavior analyst or licensed assistant behavior analyst. In case of loss or destruction, a duplicate certificate may be issued by the board upon receipt of satisfactory evidence of the loss or destruction.

History

Law Implemented: NDCC 43-57-03, 43-64-02

N.D. Admin. Code 112-05-01-08 License renewal and fees

1.Every licensed behavior analyst or licensed assistant behavior analyst who has been licensed by the board shall renew the license by remitting a renewal fee on or before November fifteenth of each odd-numbered year and completing the renewal application provided by the board. For applicants who receive an initial license after July first in an odd-numbered year, the license will be deemed to be automatically renewed on November fifteenth for an additional two years without payment of an additional renewal fee.

2.The applicant for renewal shall certify on the renewal application that the continuing education requirements have been or will be met by November fifteenth. The applicant shall keep records of completed continuing education for at least two years. The board shall conduct random compliance audits of licensees. Failure to complete continuing education is considered unprofessional conduct.

3.A license renewal application received on or after November sixteenth of an odd-numbered year is a late renewal and requires a new completed application form, the renewal fee, plus a late fee set by the board. Proof of appropriate continuing education hours must be presented.

A license that has not been renewed by eleven fifty-nine p.m. on November fifteenth in an odd-numbered year is a lapsed license.

History

Law Implemented: NDCC 43-57-07, 43-59-03

N.D. Admin. Code 112-05-01-09 Lapsed licenses - Reactivation

1.Once a license has lapsed, the individual who held the lapsed license may not practice behavior analysis or use a title reserved under state law for individuals who are licensed by the board until a new license is issued. An individual whose license has lapsed but who continues to practice applied behavior analysis or use a restricted title violates state law and this chapter. Such a violation is grounds for denying an application by the former licensee for renewal of the lapsed license or for a new license.

2.An application for reactivation of a lapsed license will be considered if:

a.The applicant provides a letter from all states in which that licensee has practiced since their North Dakota license lapsed indicating the applicant is in good standing to practice as a behavior analyst or licensed assistant behavior analyst in that other state or states.

b.The applicant shall appear before the board if the applicant cannot show proof of active practice in some state or jurisdiction for at least six months of the last two years.

c.The applicant must take and pass the behavior analyst certification board national examination related to competence in applied behavior analysis if it has been two or more years since the behavior analyst or licensed assistant behavior analyst was in active practice in any state. The board may select to have any holder of a lapsed license applying for reactivation take the behavior analyst certification board national examination related to competence in applied behavior analysis or any other evaluation at its discretion.

N.D. Admin. Code 112-05-01-10 Continuing education requirements

1.All active licensees shall complete a minimum of thirty-two hours of approved continuing education credits biennially, including four credits in ethics. Only hours earned at board-accepted continuing education programs will be allowed. One hour of credit is earned for every fifty minutes of actual class time.

2.An extension of time or other waiver to complete the hours required in subsection 1 must be granted upon written application if the licensee failed to meet the requirements due to illness, military service, medical charitable activities, religious missionary activities, or other extenuating circumstances.

N.D. Admin. Code 112-05-01-11 Board approval of continuing eduction

1.In order to receive board approval, a continuing education program must be accepted by the behavior analyst certification board.

History

Law Implemented: NDCC 43-57-03, 43-57-07, 43-59-03

N.D. Admin. Code 112-05-01-12 Board audit

Each biennium the board shall audit randomly selected licensed behavior analysts and licensed· assistant behavior analysts to monitor compliance with the continuing education requirements. Any licensed behavior analyst or licensed assistant behavior analyst so audited will be required to furnish documentation of compliance, including the name of the continuing education provider, name of the program, hours of continuing education completed, dates of attendance, and verification of attendance.

Any licensed behavior analyst or licensed assistant behavior analyst who fails to provide verification of compliance with the continuing education requirements will be subject to revocation of licensure. In order to facilitate the board's audits, every licensed behavior analyst or licensed assistant behavior analyst is required to maintain a record of all continuing education activities in which the licensed behavior analyst has participated. Every licensed behavior analyst or licensed assistant behavior analyst must maintain those records for a period of at least two years following the time when those continuing education activities were reported to the board.

History

Law Implemented: NDCC 43-57-07, 43-57-08

N.D. Admin. Code 112-05-01-13 Fees

The board charges the following nonrefundable fees:

1.Application. The fee for filing an application for an initial license is fifty dollars.

2.Initial license. The fee for an initial license is five hundred dollars. The licensing period is biennial, ending on November fifteenth of every odd year. The initial license fee shall be prorated quarterly based upon the time period remaining in the two-year cycle at application.

4.Renewal. Licenses renew on November fifteenth of every odd year. The renewal fee is one hundred dollars.

5.Late filing. A late filing fee will be charged on renewal applications not received by November fifteenth of every odd year. The late filing fee is seventy-five dollars.

6.Duplicate license. The duplicate license fee for a license is twenty-five dollars.

N.D. Admin. Code 112-05-01-14 Exemptions from licensure

The following individuals are exempted from the licensure requirements of this chapter:

1.College or university students or postdoctoral fellows whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship, or fellowship and are directly supervised by a behavior analyst licensed by the board. Such individuals may not represent themselves as professional behavior analysts and must use titles that clearly indicate their trainee status, such as "student", "intern", or "trainee". The student or intern status and the supervisor must be clearly stated.

2.Unlicensed individuals pursuing experience in applied behavior analysis consistent with the experience requirements of the certifying entity, provided such experience is supervised in accordance with the requirements of the certifying entity.

3.Individuals licensed to practice psychology pursuant to North Dakota Century Code chapter 43-32 and those who deliver psychological services under their supervision, provided that:

a.Applied behavior analysis is in the scope of practice section of the psychology licensure law;

b.The applied behavior analysis services provided are within the boundaries of the licensed psychologist's education, training, and competence; and

c.The licensed psychologist does not represent themselves as a licensed behavior analyst unless also licensed under North Dakota Century Code chapter 43-64.

4.Individuals certified or licensed to practice other professions in this state and those who deliver services under their supervision, provided that:

a.Applied behavior analysis is in the scope of practice section of the psychologist's licensure law;

b.The applied behavior analysis services provided are within the boundaries of the licensed professional's education, training, and competence; and

c.The licensed professional does not represent that licensed professional is a licensed behavior analyst or licensed assistant behavior analyst unless also licensed under North Dakota Century Code chapter 43-64.

5.A lecturer or professor, from any accredited school or college, when lecturing to institutions or organizations. However, the lecturer or professor may not engage in the practice of applied behavior analysis or represent that the lecturer or professor is a licensed behavior analyst or licensed assistant behavior analyst unless the lecturer is licensed under North Dakota Century Code chapter 43-64. "Lecturing" does not include clinic practice, training, or research.

6.An individual providing applied behavior analysis services to an individual in a public school setting. Such individuals may not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless licensed under North Dakota Century Code

chapter 43-64.

7.Behavior technicians who deliver applied behavior analysis services under the extended

authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst.

Such individuals may not represent themselves as professional behavior analysts, and must use titles that indicate their nonprofessional status, such as "ABA technician", "behavior technician", "registered behavior technician", or "tutor".

8.An individual or caregiver who is implementing applied behavior analysis services to an immediate family member or as a paid or volunteer caregiver implementing procedures established by the family, the individual served, or a licensed behavior analyst or a licensed assistant behavior analyst in any setting, if the individual or caregiver does not represent themselves as a "licensed behavior analyst" or "licensed assistant behavior analyst".

9.Professionals who provide general applied behavior analysis services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals. Such professionals may use the title "behavior analyst" but may not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless licensed under North Dakota Century Code chapter 43-64.

History

Law Implemented: NDCC 43-57-03

Chapter 112-02

N.D. Admin. Code 112-02

ARTICLE 112-02

NATUROPATHIC LICENSURE [Repealed as the result of S.L. 2024, ch. 383]