23.0806.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1372
of North Dakota
Introduced by
Representatives Toman, Cory, Holle, Motschenbacher
1 A BILL for an Act to create and enact sections 43-51-12.1 and 43-51-12.2 of the North Dakota
2 Century Code, relating to occupational and professional licensing of foreign practitioners who
3 are residents of the state; to amend and reenact subsection 3 of section 15.1-13-17 and
4 sections 15.1-13-17.1 and 15.1-18-12 of the North Dakota Century Code, relating to licensure of
5 teachers; and to provide for a legislative management report.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Subsection 3 of section 15.1-13-17 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 3. The board shall grant a teaching license to an applicant who is a military spouse or,
10 military member, or foreign practitioner who is a resident of the state who meets the
11 requirements of section 43-51-11.1 or 43-15-12.1.
12 SECTION 2. AMENDMENT. Section 15.1-13-17.1 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 15.1-13-17.1. Members of the militaryMilitary members - Military spouses - Foreign
15 practitioners who are state residents.
16 1. Notwithstanding contrary provisions of this chapter regarding licensure and licensure
17 renewal, sections 43-51-11 and, 43-51-11.1, 43-51-12.1, and 43-51-12.2, regarding
18 licensure renewal of a military member and licensure of a military spouse or a foreign
19 practitioner who is a resident of the state, apply to a license issued or renewed under
20 this chapter.
21 2. Rules adopted by the board under this chapter must comply with sections 43-51-11
22 and, 43-51-11.1, 43-51-12.1, and 43-51-12.2.
23 SECTION 3. AMENDMENT. Section 15.1-18-12 of the North Dakota Century Code is
24 amended and reenacted as follows:
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1 15.1-18-12. Military spouses - Foreign practitioners who are state residents.
2 Notwithstanding contrary provisions of this chapter regarding licensure qualifications,
3 sectionsections 43-51-11.1 and 43-51-12.1, regarding licensure of a military spouse or a foreign
4 practitioner who is a resident of the state, appliesapply to an applicant's qualifications for
5 licensure.
6 SECTION 4. Section 43-51-12.1 of the North Dakota Century Code is created and enacted
7 as follows:
8 43-51-12.1. Foreign practitioners who are state residents - Licensure.
9 1. This section applies to an applicant who is a foreign practitioner who is a resident of
10 the state.
11 2. A board shall adopt rules regarding licensure of an applicant or shall grant on a
12 case-by-case basis exceptions to the board's licensing standards to allow an applicant
13 to practice the occupation or profession in the state if upon application to the board:
14 a. The applicant demonstrates competency in the occupation or profession through
15 methods or standards determined by the board which must include experience in
16 the occupation or profession for at least two of the four years preceding the date
17 of application under this section; and
18 b. The board determines the issuance of the license will not substantially increase
19 the risk of harm to the public. A board with authority to require an applicant to
20 submit to a statewide and national criminal history record check under
21 section 12-60-24 may order a record check under this subdivision.
22 3. A board shall issue a provisional license or temporary permit to an applicant for which
23 the licensure requirements under subsection 2 have been substantially met. A
24 provisional license or temporary permit issued under this subsection may not exceed
25 two years and remains valid while the applicant is making progress toward satisfying
26 the unmet licensure requirements. An applicant may practice under a provisional
27 license or temporary permit issued under this subsection until any of the following
28 occurs:
29 a. The board grants or denies the applicant a North Dakota license under
30 subsection 2 or grants a North Dakota license under the traditional licensure
31 method;
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1 b. The provisional license or temporary permit expires;
2 c. The applicant fails to comply with the terms of the provisional license or
3 temporary permit; or
4 d. The board revokes the provisional license or temporary permit based on a
5 determination revocation is necessary to protect the health and safety of the
6 residents of the state.
7 4. A board that may elect to subject the board to this chapter under subsection 1 of
8 section 43-51-01 may issue a license, provisional license, or temporary permit to an
9 applicant in the same manner as provided under subsections 2 and 3 regardless of
10 whether the board has adopted rules to subject the board to this chapter.
11 5. An individual issued a license under this section has the same rights and duties as a
12 licensee issued a license under the traditional licensure method.
13 6. If within thirty days of receipt of a completed application under subsection 2 the board
14 does not grant or deny a license under subsection 2 or does not issue a provisional
15 license or temporary permit under subsection 3, the board automatically shall issue a
16 provisional license or temporary permit. A provisional license or temporary permit
17 issued under this subsection remains valid until the board grants or denies the
18 application for licensure under subsection 2 or issues a provisional license or
19 temporary permit under subsection 3.
20 7. For purposes of this section, the term "board" includes the state board of accountancy,
21 state electrical board, North Dakota real estate appraiser qualifications and ethics
22 board, state real estate commission, secretary of state with respect to contractor
23 licensing, and state board of dental examiners.
24 SECTION 5. Section 43-51-12.2 of the North Dakota Century Code is created and enacted
25 as follows:
26 43-51-12.2. Foreign practitioners who are state residents - Licensure applications.
27 1. On each licensure application and renewal form, a board shall inquire and maintain a
28 record of whether an applicant or licensee is a foreign practitioner who is a resident of
29 the state. If an applicant self-identifies as and provides the board with satisfactory
30 proof of being a foreign practitioner who is a resident of the state, the board
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1 immediately shall commence the process to issue a license, provisional license, or
2 temporary permit under section 43-51-12.1.
3 2. For purposes of this section, the term "board" includes the state board of accountancy,
4 state electrical board, North Dakota real estate appraiser qualifications and ethics
5 board, state real estate commission, secretary of state with respect to contractor
6 licensing, and state board of dental examiners.
7 SECTION 6. OCCUPATIONAL LICENSURE BOARDS - REPORT TO THE LEGISLATIVE
8 MANAGEMENT. During the 2023-24 interim, each occupational and professional board shall
9 review its licensure laws and rules to determine whether the laws and rules are consistent with
10 sections 43-51-12.1 and 43-51-12.2. Before August 1, 2024, each occupational and
11 professional board shall submit a report to the legislative management on the status and
12 outcome of that board's review of its laws and rules. Each board shall prepare and request
13 introduction of a bill to the sixty-ninth legislative assembly to make the board's laws consistent
14 with sections 43-51-12.1 and 43-51-12.2.
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Statutes affected:
INTRODUCED: 15.1-13-17, 15.1-13-17.1, 15.1-18-12