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North Dakota House Bill HB1512

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1512 Compare Versions

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22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Representatives Vigesaa, B. Anderson, Beltz, Frelich, Hager
77 Senators Conley, Mathern, Walen
8-A BILL for an Act to amend and reenact section 43-28-18.2 of the North Dakota Century Code,
9-relating to an individual's ability to file a complaint.
8+A BILL for an Act to amend and reenact sections 43-28-03 and 43-28-18.2 of the North Dakota
9+Century Code, relating to members of the state board of dental examiners and an individual's
10+ability to file a complaint.
1011 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11-SECTION 1. AMENDMENT. Section 43-28-18.2 of the North Dakota Century Code is
12+SECTION 1. AMENDMENT. Section 43-28-03 of the North Dakota Century Code is
1213 amended and reenacted as follows:
13-43-28-18.2. Disciplinary procedure.
14-1.A person may file a written and signed complaint with the board alleging a dentist
15-engaged in conduct identified as grounds for disciplinary action under section
16-43-28-18. The board may also initiate a complaint and investigation on the board's
17-motion.
18-2.The board mayshall direct a complaint committee to investigate a complaint and
19-recommend whether the board should initiate a disciplinary action against the dentist.
20-3.The board or complaint committee shall notify the dentist of the complaint, and require
21-a written response from the dentist. If the complaint was initiated by an individual, that
22-individual must receive a copy of the dentist's response. The board or complaint
23-committee may examine and copy records, including patient records, examine
24-witnesses, obtain expert opinions, require the dentist to be physically or mentally
25-examined, or both, by qualified professionals selected by the board, and take any
26-other action necessary to investigate the complaint. A request by the board or
27-complaint committee is authorized to disclose patient information and records to the
28-board or complaint committee. Patient information and records disclosed to the board
29-or complaint committee are confidential. The dentist shall cooperate with the board or
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31-ENGROSSED HOUSE BILL NO. 1512
32-FIRST ENGROSSMENT
14+43-28-03. State board of dental examiners - Members - Appointment - Terms of office -
15+Oath - Vacancies.
16+1.The state board of dental examiners consists of nineeleven members appointed by the
17+governor. The membership of the board must include six:
18+a.Six dentist members, at least one of whom is a board-eligible or board-certified
19+oral and maxillofacial surgeon; one
20+b.One dental hygienist member; one
21+c.One dental assistant member; and one
22+d.Three independent consumer membermembers.
23+2.Appointment to the board is for a term of five years, with terms of office arranged so
24+no more than two terms expire on March sixteenth of each year. Each member of the
25+board shall hold office until a successor is appointed and qualified. An individual
26+appointed to the board qualifies by taking the oath required of civil officers. A member
27+may not serve more than ten years or two 5-year terms of office. If a member of the
28+board is absent from two consecutive regular meetings, the board may declare a
29+vacancy to exist. All vacancies on the board must be filled by the governor by
30+appointment.
31+Page No. 1 25.1178.02000
32+ HOUSE BILL NO. 1512
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54-22 Sixty-ninth
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56+23 Sixty-ninth
5557 Legislative Assembly
58+SECTION 2. AMENDMENT. Section 43-28-18.2 of the North Dakota Century Code is
59+amended and reenacted as follows:
60+43-28-18.2. Disciplinary procedure.
61+1.A personAn individual may file a written and signed complaint with the board alleging a
62+dentist engaged in conduct identified as grounds for disciplinary action under section
63+43-28-18. The board may also initiate a complaint and investigation on the board's
64+motion.
65+2.The board mayshall direct a complaint committee to investigate a complaint and
66+recommend whether the board should initiate a disciplinary action against the dentist.
67+3.The board or complaint committee shall notify the dentist of the complaint, and require
68+a written response from the dentist. If the complaint was initiated by an individual, that
69+individual must receive a copy of the dentist's response. The board or complaint
70+committee may examine and copy records, including patient records, examine
71+witnesses, obtain expert opinions, require the dentist to be physically or mentally
72+examined, or both, by qualified professionals selected by the board, and take any
73+other action necessary to investigate the complaint. A request by the board or
74+complaint committee is authorized to disclose patient information and records to the
75+board or complaint committee. Patient information and records disclosed to the board
76+or complaint committee are confidential. The dentist shall cooperate with the board or
5677 the complaint committee in the investigation, including responding promptly and
5778 completely to a request or requirement.
5879 4.The complaint, response, and any record received by the board in investigating the
5980 complaint are exempt records, as defined in section 44-04-17.1, until the board
6081 determines to proceed with a disciplinary action.
6182 5.The board shall determine if there is a reasonable basis to believe the dentist engaged
6283 in conduct identified as grounds for disciplinary action under section 43-28-18. If the
6384 board determines there is not a reasonable basis to believe, the board shall notify the
6485 complainant and the dentist. If the board determines there is a reasonable basis to
6586 believe, the board shall proceed with a disciplinary action in accordance with chapter
6687 28-32.
67-6.The board, at any time, may offer or accept a proposal for informal resolution of the
68-complaint or disciplinary action.
69-7.The board may impose a fee on the dentist for all or part of the costs of an action
70-resulting in discipline, including administrative costs, investigation costs, attorney's
71-fees, witness fees, the cost of the office of administrative hearings' services, and court
72-costs.
73-Page No. 2 25.1178.03000
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120+6.The board, at any time, may offer or accept a proposal for informal resolution of the
121+complaint or disciplinary action.
122+7.The board may impose a fee on the dentist for all or part of the costs of an action
123+resulting in discipline, including administrative costs, investigation costs, attorney's
124+fees, witness fees, the cost of the office of administrative hearings' services, and court
125+costs. An individual who filed a complaint, resulting in disciplinary action or a finding of
126+misconduct under section 43 - 28 - 18, is entitled to recover costs incurred.
127+Page No. 3 25.1178.02000
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