Section 114-03-01-05 - Evidence and evaluation of treatment1. The board may require the individual subject to an investigation to submit to a mental health, chemical dependency, or physical evaluation if, during the course of the investigation, there is reasonable cause to believe that any licensee or applicant is unable to practice with reasonable skill and safety or has abused alcohol or drugs.2. The board may require a copy of the evaluation to be submitted from the evaluating professional directly to the board.a. Upon failure of the licensee or applicant to submit to the evaluation within thirty days of the request, the board may suspend the licensee's license or deny or suspend consideration of any pending application until the licensee or applicant submits to the required evaluation.b. The licensee or applicant shall bear the cost of any mental health, chemical dependency, or physical evaluation and treatment required by the board.c. The board may suspend or revoke an individual's license if it is determined the individual is unsafe to practice. The suspension or revocation remains in effect until the individual demonstrates to the satisfaction of the board the ability to safely return to the practice.d. The board may deny the individual's application for licensure if it is determined the individual is unsafe to practice. The denial remains in effect until the individual demonstrates to the satisfaction of the board the ability to safely practice.3. Any protected health information that is obtained by the board is an exempt record as defined in North Dakota Century Code section 44-04-17.1.N.D. Admin Code 114-03-01-05
Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 43-62
Law Implemented: NDCC 43-62-09(13), 43-62-11, 43-62-19(3)(4)