23.0588.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2184
of North Dakota
Introduced by
Senators Lee, Burckhard, K. Roers
Representatives Mitskog, Weisz
1 A BILL for an Act to create and enact a new chapter to title 43 of the North Dakota Century
2 Code, relating to uniform regulation of occupations and professions; to amend and reenact
3 subsection 2 of section 54-10-01 and section 54-10-27 of the North Dakota Century Code,
4 relating to the duties of the state auditor; to provide a penalty; to provide for a legislative
5 management study; and to provide an effective date.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. A new chapter to title 43 of the North Dakota Century Code is created and
8 enacted as follows:
9 Definitions.
10 As used in this chapter:
11 1. "Board" means a board, commission, or other agency of state government created or
12 identified in this title to regulate an occupation or profession.
13 2. "Foreign license" means a license, certificate, permit, or similar authorization to
14 practice an occupation or profession which is issued by a government agency in
15 another state or jurisdiction that imposes requirements for obtaining and maintaining a
16 license to practice the same occupation or profession.
17 3. "Foreign practitioner" means an individual who holds and maintains a foreign license
18 in good standing to engage in an occupation or profession in a state or jurisdiction
19 other than this state and who is not the subject of a pending disciplinary action in any
20 state or jurisdiction.
21 4. "Good standing" means a foreign practitioner holds a foreign license that is not issued
22 on a temporary or restricted basis, is not encumbered or on probation, and is not
23 suspended or revoked.
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1 5. "Occupation or profession" means activity for which a license is required from a board
2 or similar activity for which a foreign license is required in another state or jurisdiction.
3 Boards - Duties - Powers.
4 Notwithstanding law to the contrary:
5 1. A board shall:
6 a. Adopt rules to implement this chapter.
7 b. Establish a fee schedule designed to fund the activities of the board.
8 2. A board may:
9 a. Establish continuing education requirements, which may include board-approval
10 requirements.
11 b. Provide education for licensees or individuals who may be interested in pursuing
12 the regulated occupation or profession.
13 Board membership - Appointment - Terms.
14 Notwithstanding law to the contrary:
15 1. The governor shall appoint the members of a board.
16 a. The regular term of a board member is three years and begins on August first
17 following the appointment. An individual may not serve more than two
18 consecutive full terms as a member on a board, after which an individual may not
19 be reappointed until the expiration of three years.
20 b. A board member serves at the pleasure of the governor. Upon the expiration of a
21 term, a board member shall continue to serve until the governor makes an
22 appointment to fill that position.
23 c. In addition to any practitioner requirements, a board member must be at least
24 eighteen years old and must be a resident of this state.
25 d. Each board must have at least five and no more than thirteen voting members, at
26 least two of whom shall serve as lay members.
27 2. Each member of a board, except for a state employee serving as an ex officio
28 member, is entitled to receive from the board compensation of one hundred
29 seventy-seven dollars per day spent in actual attendance at board meetings and
30 reimbursement for mileage and travel expenses at the same rate as provided for state
31 employees and officials.
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1 3. Each member of a board shall maintain the qualifications for appointment for the
2 duration of the appointment.
3 Regulation - Terms of licensure - Renewal.
4 Notwithstanding law to the contrary:
5 1. Other than an initial license, which may be valid for a shorter period, a license issued
6 by the board is valid for one year from the date of issuance.
7 2. Annually, a licensee may renew a license upon submitting:
8 a. Fees for licensure renewal in an amount established by the board.
9 b. Proof of completion of continuing education as required by the board.
10 3. A licensee who does not renew a license timely may not practice in this state until the
11 license is renewed or reissued. Within three months following the date of licensure
12 renewal, a practitioner may renew a license without incurring additional renewal
13 expenses. After three months following the date of licensure renewal, a board may
14 charge a late fee for licensure renewal. If a practitioner fails to renew a license before
15 the end of the year of licensure, the board may require the practitioner to reapply for
16 future licensure.
17 Licensure of foreign practitioners - Compacts.
18 1. Notwithstanding law to the contrary, a board shall issue a license to an applicant who
19 is a foreign practitioner, unless the board determines the issuance of the license would
20 jeopardize the health and safety of the residents of this state. If the board determines
21 licensure under this section would jeopardize the health and safety of the residents of
22 this state, the board may deny the application or may issue a provisional license, issue
23 a restricted license, or otherwise authorize limited practice to protect the health and
24 safety of the residents of this state.
25 2. Notwithstanding contrary law under this chapter, a board may issue a license to an
26 applicant through an adopted compact.
27 Discipline - Penalty.
28 Notwithstanding law to the contrary:
29 1. A board shall conduct a disciplinary proceeding in accordance with chapter 28-32.
30 2. A board may deny, limit, revoke, encumber, or suspend a license; may reprimand,
31 place on probation, or otherwise discipline a licensee; may deny admission to
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1 licensure or examination; require evidence of evaluation or treatment; or issue a
2 nondisciplinary letter of concern to a licensee if the person:
3 a. Has been arrested for, charged with, convicted by a court of, or has entered a
4 plea of nolo contendere to a crime in any jurisdiction which relates adversely to
5 the practice of the occupation or profession and has not demonstrated sufficient
6 rehabilitation.
7 b. Has been the subject of a disciplinary action in a foreign jurisdiction relating to
8 the practice of the occupation or profession.
9 c. Has violated this chapter or rules adopted under this chapter.
10 d. Has engaged in a practice inconsistent with the person's occupational or
11 professional standards.
12 3. It is a class B misdemeanor for a person to willfully practice an occupation or
13 profession in violation of this chapter or to willfully employ a person to practice an
14 occupation or profession in violation of this chapter.
15 SECTION 2. AMENDMENT. Subsection 2 of section 54-10-01 of the North Dakota Century
16 Code is amended and reenacted as follows:
17 2. The state auditor may:
18 a. Conduct any work required by the federal government.
19 b. Within the resources available to the state auditor, perform or provide for
20 performance audits of state agencies, including occupational and professional
21 boards, as determined necessary by the state auditor.
22 c. Audit the International Peace Garden at the request of the board of directors of
23 the International Peace Garden.
24 d. Contract with a private certified public accountant or other qualified professional
25 to conduct or assist with an audit, review, or other work the state auditor is
26 authorized to perform or provide for under this section or section 54-10-27.
27 Before entering any contract, the state auditor shall present information to the
28 legislative audit and fiscal review committee on the need for the contract and its
29 estimated cost and duration. Except for performance audits conducted under
30 subdivision d of subsection 1 or subdivision b of this subsection and except for
31 audits of occupational or professional boards, the state auditor shall execute the
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1 contract and any executive branch agency, including higher education
2 institutions, shall pay the fees of the contractor. For performance audits
3 conducted under subdivision d of subsection 1 or subdivision b of this subsection,
4 the state auditor may charge a state agency or board for the cost of a contract
5 relating to an audit, subject to approval by the legislative assembly or the
6 legislative audit and fiscal review committee if the legislative assembly is not in
7 session. When considering a request, the legislative audit and fiscal review
8 committee shall consider the effect of the audit cost on the agency or board being
9 audited, the necessity of the contract, and the potential benefit to the state
10 resulting from the contract. The state auditor shall notify the affected agency or
11 board of the potential cost before requesting approval from the legislative
12 assembly or the legislative audit and fiscal review committee.
13 SECTION 3. AMENDMENT. Section 54-10-27 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 54-10-27. Occupational and professional boards - Audits and reports.
16 The governing board of any
17 1. Biennially, the state auditor shall conduct annual audits of occupational or professional
18 board shall provide for an audit once every two years by a certified public accountant
19 or licensed public accountant. The accountant conducting the audit shall submit the
20 audit report to the state auditor's office. If the report is in the form and style prescribed
21 by the state auditor, the state auditor may not audit that board. An occupational or
22 professional board may request the state auditor to conduct its audit, and if the state
23 auditor agrees to conduct the audit, theboards. The state auditor shall deposit the fees
24 charged to the occupational or professional board into the state auditor operating
25 account.
26 2. Instead of providing for an audit every two years, an occupational or professional
27 board that has less than two hundred thousand dollars of annual receipts may submit
28 an annual report to the state auditor. The report must contain the information required
29 by the state auditor. The state auditor also may make any additional examination or
30 audit determined necessary in addition to the annual report. When a report is not filed,
31 the state auditor may charge the occupational or professional board an amount equal
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1 to the fair value of the additional examination or audit and any other services
2 rendered. The state auditor may charge an occupational or professional board a fee
3 not to exceed eighty-six dollars an hour for the costs of reviewing the annual report.
4 3. If an audit report or annual report shows the amount of the unobligated and
5 undesignated balance of a board's operating fund exceeds two hundred fifty thousand
6 dollars, the report must include a statement from the board regarding the board's
7 plans for handling this excess amount.
8 SECTION 4. LEGISLATIVE MANAGEMENT STUDY - OCCUPATIONAL AND
9 PROFESSIONAL REGULATION. During the 2023-24 interim, the legislative management shall
10 consider studying the state's system for regulating occupations and professions, including
11 consideration of the powers, duties, and membership of occupational and professional boards;
12 licensure requirements; and disciplinary actions. The study must include consultation with
13 occupational and professional boards. The study may include consideration of apprenticeships,
14 internships, and board collaboration with primary and secondary education. The legislative
15 management shall report its findings and recommendations, together with any legislation
16 required to implement the recommendations, to the sixty-ninth legislative assembly.
17 SECTION 5. EFFECTIVE DATE. Sections 1, 2, and 3 of this Act become effective
18 January 1, 2026.
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Statutes affected: INTRODUCED: 54-10-01, 54-10-27
Prepared by the Legislative Council staff for Senator Lee: 54-10-27