25.8033.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Workforce Development Committee
(At the request of the State Board of Veterinary Medical Examiners)
A BILL for an Act to create and enact ten new sections to chapter 43-29 of the North Dakota
Century Code, relating to the practice of veterinary medicine, veterinary technology, and a
specialized or holistic animal trade; to amend and reenact section 43-29-01.1, subsection 1 of
section 43-29-02, sections 43-29-03, 43-29-04, 43-29-05, 43-29-05.1, 43-29-06, 43-29-07,
43-29-07.1, 43-29-07.2, 43-29-07.3, 43-29-08.1, 43-29-13, 43-29-14, and 43-29-15,
subsection 2 of section 43-29-16, sections 43-29-16.1 and 43-29-17, and subsection 2 of
section 43-29-19 of the North Dakota Century Code, relating to the practice of veterinary
medicine and veterinary technology; to repeal sections 43-29-09, 43-29-10, 43-29-11, and
43-29-12.1 of the North Dakota Century Code, relating to the practice of veterinary medicine
and veterinary technology; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 43-29-01.1 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-01.1. Definitions.
As used in this chapter, unless the context otherwise requires:
1."Accepted livestock management practice" means a procedure that is commonly
performed as part of the routine management of livestock which includes vaccination,
implantation of growth hormones, branding, castration, dehorning, docking,
earmarking, semen collection, nonsurgical artificial insemination, and assisting in a
nonsurgical birthing process.
2."Animal" means a member of the animal kingdom other than a human being whether
living or dead.
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ENGROSSED SENATE BILL NO. 2129
FIRST ENGROSSMENT
with House Amendments
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3."AccreditedApproved college of veterinary medicine" means anya veterinary college or
division of a university or college which offers the degree of doctor of veterinary
medicine or its equivalent and which conforms to the standards required for
accreditation by the council on education of the American veterinary medical
associationan accrediting entity approved by the board, if the entity is nationally
recognized and develops and maintains accreditation standards for veterinary
education.
2.4."AccreditedApproved program in veterinary technology" means any postsecondary
educational program of two or more academic years that is accredited by the
committee on veterinary technician education and activities of the American veterinary
medical associationthat offers a degree in veterinary technology or its equivalent and
has been approved by the board by rule.
3."Animal" means any animal other than a human being. The term includes any
mammal, bird, fish, reptile, or fowl, whether wild or domestic, living or dead.
4.5."Board" means the board of veterinary medical examiners.
5.6."Certificate" means a certificate issued by the educational commission for foreign
veterinary graduates or the educational equivalence program of the American
association of veterinary state boards, indicating the holder has demonstrated
knowledge and skill equivalent to that possessed by a graduate of an accredited
college of veterinary medicine.
6."Licensed veterinarian" means a person who is licensed by the board to practice
veterinary medicine.
7."Licensed veterinary technician" means a person who has graduated from an
accredited program in veterinary technology or an equivalent program as determined
by the board, and who has passed an examination prescribed by the board.
8."Client" means the patient's owner, owner's agent, or other individual presenting the
patient for care.
7."Complementary, integrative, and alternative therapies" means a heterogeneous group
of preventative, diagnostic, and therapeutic philosophies and practices not considered
part of conventional veterinary medicine practiced by most veterinarians.
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8."Consent" means the veterinarian has informed the client of the diagnostic and
treatment options, risk assessment, and prognosis, and the client has authorized the
recommended services.
9."Consultation" means advice or assistance received by a veterinarian in person, or by
any method of communication, from a veterinarian or other individual whose expertise,
in the opinion of the veterinarian, would benefit a patient.
10."Direct supervision" means supervision by a veterinarian who is readily available on
the premises where the patient is being treated and has assumed responsibility for the
veterinary care given to the patient by an individual working under the direction of the
veterinarian.
11."Foreign practitioner" has the same meaning as defined under section 43 - 51 - 01.
12."Immediate supervision" means supervision by a veterinarian who is in the immediate
area and within audible and visual range of the patient and the individual treating the
patient and has assumed responsibility for the veterinary care given to the patient by
an individual working under the direction of the veterinarian.
13."Impaired veterinarian" means a veterinarian who is unable to practice veterinary
medicine with reasonable skill and safety because of a physical or mental disability or
the use of alcohol, drugs, or other habit-forming chemicals.
14."Impaired veterinary technician" means a veterinary technician who is unable to
practice veterinary technology with reasonable skill and safety because of a physical
or mental disability or the use of alcohol, drugs, or other habit-forming chemicals.
15."Indirect supervision" means supervision by a veterinarian who is not on the premises
where the patient is being treated but has given written or oral instructions for the
treatment of the patient, is readily available for communication, and has assumed
responsibility for the veterinary care given to the patient by an individual working under
the direction of the veterinarian.
16."Jurisdiction" means any commonwealth, state, or territory of the United States of
America, including the District of Columbia, or any province of Canada.
17."Patient" means an animal or group of animals examined or treated by a veterinarian.
18."Practice of veterinary medicine" means tothe:
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a.Diagnose, treat, correct, change, relieve, or prevent animalDiagnosis, prognosis,
correction, supervision, recommendation, or performance of any medical or
surgical treatment, including complementary, integrative or alternative therapies,
for the diagnosis, prevention, cure, or relief of a wound, disease, deformity,
defect, fracture, bodily injury, or otherdental, physical, behavioral, or mental
conditions. The term includes the prescription or administration of any drug,
medicine, biologic, apparatus, application, anesthetic, or other therapeutic or
diagnostic substance or technique, the use of any manual or mechanical
procedure for testing for pregnancy, or for correcting sterility or infertility, or to
render advice or recommendation with regard to any of the above.condition of an
animal;
b.RepresentPrescription, distribution, or administration of a drug, medicine,
anesthetic, biologic, appliance, apparatus, application, or treatment to an animal;
c.Provision of any manual or mechanical procedure for the diagnosis or treatment
of pregnancy, sterility, or infertility of an animal;
d.Determination of the health, fitness, or soundness of an animal;
e.Representation of oneself, directly or indirectly, publicly or privately, an ability and
willingness to do an act described in subdivision a.as engaging in the practice of
veterinary medicine; or
c.f.Use of any title, word, abbreviation, or letter in a manner or under circumstances
that induce the belief the personthat the individual using thesuch title, word,
abbreviation, or letter is qualified to do any act described in subdivision a
authorized to practice veterinary medicine under this chapter.
d.Apply principles of environmental sanitation, food inspection, environmental
pollution control, animal nutrition, zoonotic disease control, and disaster medicine
in the promotion and protection of public health.
19.a."Practice of veterinary technology" means the:
(1)Provision of professional medical care, monitoring, or treatment on the basis
of written or oral instructions from a veterinarian;
(2)Representation of oneself, directly or indirectly, as engaging in the practice
of veterinary technology; or
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(3)Use of any title, word, abbreviation, or letter in a manner or under
circumstances inducing the belief the individual using such title is authorized
to practice veterinary technology under this chapter.
b.This section may not be construed to permit a veterinary technician to do the
following:
(1)Surgery, except when acting as a surgical assistant to a veterinarian;
(2)Diagnose;
(3)Prognose; or
(4)Prescribe.
20."State board examination" means the jurisprudence examination administered by the
board.
21."Supervising veterinarian" means a veterinarian who has a valid veterinarian-client-
patient relationship and assumes responsibility for the veterinary care provided to the
patient by an individual working under the direction of the veterinarian.
22."Teleadvice" means the provision of any health information, opinion, or guidance that
is not specific to a particular animal's health, illness, or injury and is not intended to
diagnose, prognose, or treat an animal.
23."Telehealth" means the use of technology to gather and deliver health information,
advice, education, or patient care remotely.
24."Teletriage" means electronic communication with the client to determine urgency and
need for immediate referral to a veterinarian.
25."Veterinarian" means an individual who is licensed to practice veterinary medicine
under this chapter.
9.26."Veterinarian-client-patient relationship" means:
a.A a relationship in which the veterinarian has assumed the responsibility for
making medical judgments regarding the health of an animal and the need for
medical treatment, a patient and the client, who is the owner or other caretaker,
has agreed to follow the instructions of the veterinarian.
b.There is sufficient knowledge of the animal by the veterinarian to initiate at least a
general or preliminary diagnosis of the medical condition of the animal.
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c.The practicing veterinarian is readily available for followup in the case of adverse
reactions or failure of the regimen of therapy. This relationship exists only when
the veterinarian has recently seen and is personally acquainted with the keeping
and care of the animal by virtue of an examination of the animal and by medically
appropriate and timely visits to the premises where the animal is kept.
10.27."Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, chiropractic,
acupuncture, and all other branches or specialties of veterinary medicine.
28."Veterinary premises" means any premises or facility where the practice of veterinary
medicine is performed but may not include the premises of a client, research facility,
military base, or an approved college of veterinary medicine.
29."Veterinary technician" means an individual who is licensed to practice veterinary
technology under this chapter.
30."Veterinary technology" includes all branches or specialties of veterinary technology.
31."Veterinary telemedicine" means the virtual practice of veterinary medicine over the
telecommunications infrastructure.
SECTION 2. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Requirements of a veterinarian-client-patient relationship.
1.A veterinarian-client-patient relationship may not be established unless the
veterinarian has sufficient knowledge of the patient to initiate a general or preliminary
diagnosis of the medical condition of the patient. To establish a veterinarian-client-
patient relationship, the veterinarian must be personally acquainted with the keeping
and care of the patient by virtue of a medically appropriate and timely in-person
examination of the patient by the veterinarian, or by a timely in-person visit to the
premises where the patient is managed or resides.
2.The veterinarian must be reasonably available for patient followup care after a
veterinarian-client-patient relationship is established.
3.The veterinarian shall provide oversight of patient treatment.
4.Patient records must be maintained according to rules promulgated by the board.
5.A veterinarian-client-patient relationship may not be established solely through
veterinary telemedicine.
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6.A veterinarian seeking consultation shall maintain the veterinarian-client-patient
relationship.
7.A veterinarian may terminate a veterinarian-client-patient relationship by notifying the
client that the veterinarian no longer wishes to serve the patient and client.
8.The veterinarian shall provide medical records to the client, another veterinarian, or a
foreign practitioner designated by the client if the veterinarian-client-patient
relationship has been terminated. The veterinarian shall allow the client a reasonable
amount of time to arrange care with another veterinarian unless the circumstance,
patient, or client threatens the safety of the veterinarian or the staff.
9.A veterinarian who in good faith engages in the practice of veterinary medicine by
rendering or attempting to render emergency care may not be subject to penalty
based solely on the inability to establish a veterinarian-client-patient relationship.
10.The veterinarian-client-patient relationship may extend to all veterinarians within the
same practice with access to the patient records.
SECTION 3. AMENDMENT. Subsection 1 of section 43-29-02 of the North Dakota Century
Code is amended and reenacted as follows:
1.The state board of veterinary medical examiners consists of five gubernatorially
appointed members. In appointing the board members, the governor shall appoint
three veterinarians, one veterinarianveterinary technician, and one individual
representing the public. In appointing the veterinarian members of the board, the
governor shall make an effort to appoint:
a.One veterinarian whose practice has a predominant focus on large animals;
b.One veterinarian whose practice has a predominant focus on small animals; and
c.One veterinarian whose practice focuses on both large and small animals.
SECTION 4. AMENDMENT. Section 43-29-03 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-03. Officers of board - Seal - Meetings - Limitations on meetings -
ExaminationsDuties of board - Rules - Code of ethics - Inspection of facilities -
Educational requirements - ReciprocityFees.
1.The board shall elect a president and a secretary. The board shall have a seal, and
the president and the secretary may administer oathsvice president. The board shall
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hold meetings semiannually in the spring and fall of each year for the
examinationapproval of candidates at a time and place specified by the
boardapplicants for licensure. The board may hold any other meeting it determines
necessary at the time and place it designates. No session of the board may exceed
two days. A quorum of the board consists of two members and such quorum is
sufficientmust be present to conduct the business and proceedings of the board,
except that any changes in the rules must be taken at a meeting at which all the
members are present.
2.The board may adopt and enforce reasonable rules, and orders that it determines to
be necessary to the performance of its duties and the regulation of the practice of
veterinary medicine; establish standards for professional conduct, inspection of
facilities, and educational requirements for renewal and granting of licenses; prescribe
forms for application for examination; prepare and supervise examination of applicants
for license to practice veterinary medicine; obtain the services of professional
examination agencies in lieu of its own preparation of such examinations; and issue
and revoke licenses as provided in this chapter. All rules must be submitted to the
attorney general in accordance with chapter 28-32., veterinary technology, and
veterinary telemedicine, including to:
a.Establish standards for professional conduct and inspection of veterinary
premises;
b.Establish requirements for granting of licenses and temporary licenses;
c.Establish requirements for renewal of licenses and continuing education;
d.Prepare application forms for licensure and renewal;
e.Administer the state board examination for qualified applicants;
f.Obtain the services of professional examination agencies to administer national
examinations; and
g.Issue, suspend, revoke, or place on probationary status licenses and temporary
licenses as provided in this chapter.
3.All rules must be submitted to the attorney general in accordance with chapter 28 - 32.
3.4.The board may, in its discretion, enter reciprocal agreements with the examining
boards of other states and nations, governing the granting of licenses to practice
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veterinary medicine and surgery in this state without the applicant taking a written
examination. Under no circumstances, however, may any reciprocal agreement be
entered with the board of another state or nation unless the requirements for the
granting of licenses in the other state or nation are on an equal or higher standard to
the requirements of this state. The board may prescribe by rule any other terms or
conditions to be contained in the agreements. The board shall determine the fee for
license by reciprocity agreement.shall set the following by rule:
a.Application fee;
b.License fee;
c.Temporary license fee;
d.Renewal fee;
e.Late renewal fee; and
f.Continuing education fee.
SECTION 5. AMENDMENT. Section 43-29-04 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-04. Record of proceedings of board - Register of applicants kept by board -
Records and register as evidence.
The state board of veterinary medical examiners shall keep a record of all its proceedings
and a register of applicants for licenses showing the name of each applicant, the time spent by
each applicant in the study and practice of veterinary medicine, surgery, or dentistry or
veterinary technology, and the name and location of the school, college, or universityprogram
which granted the applicant a degree or diploma. Such books and records are prima facie
evidence of the matters recorded therein.
SECTION 6. AMENDMENT. Section 43-29-05 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-05. Compensation and expenses of members of board.
Members of the board may receive for each day during which theythe members are actually
engaged in the performance of the duties of their office suchthe per diem as must be fixed by
the board. They may alsoThe members also may be reimbursed for necessary travel expenses
and meals and lodging expenses at the same rate and in the same manner as are elected
officials and employees of the state.
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The board may select one of its members to attend the annual meeting of the national
organization of state examining boards. The member so selected may be reimbursed for
necessary travel expenses and meals and lodging expenses at the same rate and in the same
manner as are elected officials and employees of the state.
The board may incur no expense exceeding the sum received as fees, as hereinafter
provided.
SECTION 7. AMENDMENT. Section 43-29-05.1 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-05.1. Executive secretarydirector.
The board may employ an executive secretarydirector and such other personsindividuals as
it deems advisablenecessary to carry out the purpose of this chapter at such salaries as it may
determine.
Each biennium the executive secretary shall prepare the budget of the board for
presentation to the executive office of the budget. The executive secretary shall also carry out
all routine secretarial and other duties as directed by the board.
SECTION 8. AMENDMENT. Section 43-29-06 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-06. Graduation from recognized school and certificate or permit from
boardLicense required.
Only a graduate of the veterinary course offered in a veterinary school, college, or university
recognized by the board, and who possesses a certificate of registrationAn individual must have
a license or temporary license issued by the board which is in effect, may engage in the to
practice of veterinary medicine or veterinary technology.
SECTION 9. AMENDMENT. Section 43-29-07 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-07. Application for license - Change of address - Display of certificate of
registrationRequirements for veterinarian licensure.
1.A person desiring
The board may grant a license to practice veterinary medicine in this state shall make
written application to the board. The application must show the applicant is a graduate of an
accredited college of veterinary medicine or the holder of a certificate. The application must also
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show the applicant is a person of good moral character and any other information and proof the
board may require. The application must be accompanied by a fee in the amount established by
the board. If the board determines an applicant possesses the proper qualifications, the board
shall admit the applicant to the next examination. If the applicant is eligible for license without
examination under section 43-29-07.2, the board may grant the applicant a license. If an
applicant is found not qualified to take the examination or for a license without examination, the
board shall immediately notify the applicant in writing of this finding and the grounds of this
finding. An applicant found unqualified may request a hearing on the question of the applicant's
qualifications.
2.Each veterinarian licensed by the board, whether a resident or not, shall notify the
secretary of any change in that person's office address or employment within sixty
days after the change has taken place. Any person licensed to practice veterinary
medicine after the fifteenth day of April, or any person issued a temporary permit to
practice veterinary medicine after that date, is exempt from this requirement to pay the
annual registration fee until the first day of July of the year following licensure.
3.Registration is a condition precedent to the practice of veterinary medicine and
surgery in this state, and a certificate of registration currently in effect must be on
display at all times in the office of each veterinarian engaged in active practice.to an
applicant who:
1.Is a graduate of an approved college of veterinary medicine or has completed an
equivalency program of veterinary medicine as established by the board by rule;
2.Passes the national board examination and clinical competency test, or the North
American veterinary licensing examination;
3.Passes the state board examination;
4.Has no grounds for license refusal under section 43 - 29 - 14; and
5.Meets any additional requirements for licensure established by the board by rule.
SECTION 10. AMENDMENT. Section 43-29-07.1 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-07.1. Veterinary technicians - ExaminationsRequirements for veterinary
technician licensure.
1.An
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The board may grant a license to practice veterinary technology to an applicant for
licensure as a veterinary technician must have an examination date offered at least annually at
a time, place, and date determined by the board at least ninety days before the scheduled
examination.
2.An applicant for licensure as a veterinary technician must pass the veterinary
technician national examination with a score approved by the board.
3.An applicant for licensure as a veterinary technician who has successfully passed the
veterinary technician national examination shall request that the applicant's
examination scores be forwarded to the board. An applicant is eligible for licensure
upon meeting the licensure requirements set by the board.who:
1.Is a graduate of an approved program of veterinary technology or completed an
equivalency program of veterinary technology as established by the board by rule;
2.Passes the veterinary technician national examination;
3.Passes the state board examination;
4.Has no grounds for license refusal under section 43 - 29 - 14; and
5.Meets any additional requirements for licensure established by the board by rule.
SECTION 11. AMENDMENT. Section 43-29-07.2 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-07.2. Examination - License without examination - Temporary permitlicense.
1.The board shall hold at least two examinations a year. The board shall adopt rules
governing preparation, administration, and grading of examinations. Examinations
must be designed to test the examinee's knowledge of and proficiency in the subjects
and techniques commonly taught in veterinary schools. To pass the examination, the
examinee must demonstrate scientific and practical knowledge sufficient to prove
competency to practice veterinary medicine in the judgment of the board. An examinee
must be tested by written examination, supplemented by any oral interview and
practical demonstration the board determines necessary. The board may adopt and
use the examination prepared by the national board of veterinary medical examiners.
After each examination, the board shall notify each examinee of the result of the
examination, and the board shall issue a license to each person who passed the
examination. The board shall record each new license and issue a certificate of
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registration to each new licensee. Any person failing an examination may be admitted
to any subsequent examination on approval by the board and payment of the
application fee.
2.The board may issue a license without a written examination to a qualified applicant
who furnishes satisfactory proof of graduation from an accredited or approved college
of veterinary medicine, or holds a certificate, and who:
a.Has for the five years immediately before filing of the application been a
practicing veterinarian licensed in a state having license requirements at the time
the applicant was first licensed which were substantially equivalent to the
requirements of this chapter;
b.Has within the three years immediately before filing the application successfully
completed the examinations provided by the national board of veterinary medical
examiners; or
c.Currently holds a license to practice in at least one state, has active diplomat
status in a specialty organization recognized by the American veterinary medical
association, and whose practice is limited to the certified specialty in the state in
which the specialist is licensed without examination.
3.The board may issue without examination a temporary permitlicense to practice
veterinary medicine in this state to:
a.A qualified applicant for license pending examination, if the temporary permit
expires the day after the notice of results of the first examination given after the
permit is issued. A temporary permit may not be issued to an applicant who
previously has failed the examination in this or any other state or a foreign
country.
b.A nonresident veterinarian validly licensed in another state or a foreign country
who pays the fee established and published by the board if the temporary permit
is issued for a period of no more than sixty days and no more than one permit is
issued to a person during each calendar year.
c.A senior veterinary student who practices in the office of and under the direct
supervision of a licensed veterinarian. A temporary student permit may not
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exceed six months from its date of issuance and is granted without payment of a
fee.
d.A graduate of a nonaccredited college of veterinary medicine, who has
satisfactorily completed the fourth year of clinical study at an accredited or
approved college of veterinary medicine, has successfully passed the
examination provided by the national board of veterinary medical examiners, and
is enrolled in the educational commission for foreign veterinary graduates
program. The holder of a temporary permit issued under this subdivision must
practice under the supervision of a licensed veterinarian. A temporary permit
issued under this subdivision is valid until the holder obtains a certificate or for
two years a qualified applicant who has met the requirements established by the
board.
SECTION 12. AMENDMENT. Section 43-29-07.3 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-07.3. LicenseVeterinarian - License renewal - Continuing education
requirements.
1.All licenses expireA veterinarian license expires annually as of July first but may be
renewed by registration with the board and payment of the registration renewal fee
established by the board. On June first of each year, the board shall mail a notice to
each licensed veterinarian that the licensee's license will expire as of July first and
provide the licensee with a form for registration. The board shall issue a new certificate
of registration to a person reregistering under this section. Any person who willfully or
by neglect fails to renew a license and who practices veterinary medicine after the
expiration of the license is practicing in violation of this chapteron June thirtieth.
2.A veterinarian license may be renewed by submission of the following to the board, no
later than June thirtieth:
a.A complete renewal application;
b.Payment of the renewal fee established by the board; and
c.Proof of completion of board required continuing education.
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3.An individual who neglects or willfully fails to renew a license and practices veterinary
medicine after the expiration of the license, is practicing veterinary medicine in
violation of this chapter.
2.4.Any qualified personAn individual may renew an expired license within twofive years of
the date of its expiration by making writtencompleting an application for renewal and,
paying the current renewal fee plus all delinquent renewal fees, and completing all
required continuing education. After twofive years have elapsed since the date of
expiration, a license may not be renewed, but the holder may make applicationapply
for a new license and take the license examination. The board may by rule waive the
payment of the registration renewal fee of a licensed veterinarian during the period
when the veterinarian is on active duty with any branch of the armed services of the
United States, not to exceed the longer of three years or the duration of active duty.
3.5.The board may adopt rules establishing requirements for the continuing education of
veterinarians and veterinary technicians. The board may refuse to renew or may
suspend, revoke, or place on probationary status any license issued under this
chapter upon proof the licenseeveterinarian has failed to meet the applicable
continuing education requirements. Applicants for accreditation of continuing
education courses, classes, or activities may be charged a reasonable fee determined
by the board.
SECTION 13. AMENDMENT. Section 43-29-08.1 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-08.1. Veterinary technician - Renewal of license - Continuing education
requirements.
1.A license issued to a veterinary technician under this chapter expireslicense expires
annually on December thirty-first.
2.A veterinary technician shall submit renewal fees and current mailing address
beforelicense may be renewed by submission of the following to the board, no later
than December thirty-first on an application form provided and mailed to the
licenseholder by the board:
a.A complete renewal application;
b.Payment of a renewal fee established by the board; and
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c.Proof of completion of board required continuing education.
3.A veterinary technician shall submit evidence of completion of required continuing
education credits in the veterinary field during the calendar year in order to apply for a
license renewalAn individual who neglects or willfully fails to renew a license and
practices veterinary technology after the expiration of the license, is practicing
veterinary technology in violation of this chapter.
4.Failure to submit the appropriateAn individual may renew an expired license renewal
fee every year results in forfeiture of all rights and privileges under this chapter and the
veterinary technician may not perform veterinary technician services unless the
veterinary technician pays a delinquency fee in addition to the licensewithin five years
of the date of its expiration by completing an application for renewal, paying the
current renewal fee plus all delinquent renewal fees, and completing all required
continuing education. After five years have elapsed since the date of expiration, a
license may not be renewed, but the holder may apply for a new license.
5.The board may refuse to renew or may suspend, revoke, or place on probationary
status any license issued under this chapter upon proof the veterinary technician has
failed to meet the applicable continuing education requirements.
SECTION 14. AMENDMENT. Section 43-29-13 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-13. Practices excepted from chapterExceptions to the unlicensed practice of
veterinary medicine.
1.The following personsindividuals may not be considered to be engaging in the practice
of veterinary medicine in this state:
1.a.ThoseAn individual who administer to livestock, treats animalsthe title to which
rests in owned by themselves, or in theirthe individual's regular employer, except
when theif ownership of the animal was transferred or otherwise manipulated to
avoid the requirements of this chapter, or those who perform gratuitous services.
2.b.AnyoneAn individual who conducts experiments in scientific research in the
development of methods, techniques, or treatment, directly or indirectly
applicable to the problems of medicine, and who in connection with these
activities uses animals.
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3.c.Anyone who is a regularA student enrolled in an accredited or approved college
of veterinary medicine performing duties or actions assigned by an instructor or
working under the direct supervision of a licensed veterinarian during a school
vacation period.
4.d.Anyone licensed in another state or nation whenAn individual engaged in this
state in consultation with veterinarians legally practicing herein.
5.e.A senior student who is in an approved school of veterinary medicine and who
obtains from the board a student permit to practice in the office and under the
direct supervision of any veterinarian practicing within this state.
6.AnyAn employee of the United States or this state while in the performance of duties
as employeesan employee.
7.f.AnyA merchant or manufacturer selling nonprescription medicine, feed, an
appliance, or any other product usedfor use as labeled in the prevention or
treatment of animal diseases.
8.g.Any veterinary technician or otherAn employee of a licensed veterinarian
performing duties under the direction andor supervision of the veterinarian
responsible for the technician's or other employee's performance, except the
following duties:
(1)Performing surgery;
(2)Diagnosing;
(3)Prognosing; or
(4)Prescribing.
9.h.Any member of the faculty of an accredited college of veterinary medicine
performing regular functions or a personAn individual lecturing or giving
instructions or demonstrations within the individual's area of professional
expertiseat an accredited college of veterinary medicine or in connection with a
continuing education course or seminar.
10.i.Any personAn individual selling or applying any pesticide, insecticide, or
herbicide.
11.j.AnyAn individual who is not a graduate of a foreignan approved college of
veterinary medicine who, and is in the process of obtaining a certificate and is
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enrolled in an equivalency program of veterinary medicine as approved by the
board, performing duties or actions assigned by the graduate's instructorsan
instructor in an accreditedapproved college of veterinary medicine.
12.k.Any personAn individual performing a direct embryo transfer procedure on a
recipient cow. Except as provided in this subsection, a personan individual
performing a direct embryo transfer procedure on a recipient cow may not
administer prescription drugs to the cow during, or as part of, the procedure. The
owner of the recipient cow, however, may administer or cause the administration
of prescription drugs to the recipient cow during, or as part of, the procedure if a
veterinarian-client-patient relationship existsas prescribed by a veterinarian.
l.An individual who administers medication or treatment as prescribed by a
veterinarian.
m.An individual who performs gratuitous services for an animal in a life-threatening
situation.
2.This section may not be construed to protect individuals from animal cruelty laws in
this state.
SECTION 15. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Exceptions to unlicensed practice of veterinary technology.
1.The following individuals may not be considered to be engaging in the practice of
veterinary technology in this state:
a.An individual who treats an animal owned by the individual or the individual's
regular employer, except if ownership of the animal was transferred or otherwise
manipulated to avoid the requirements of this chapter.
b.An individual who conducts experiments in scientific research in the development
of methods, techniques, or treatment, directly or indirectly applicable to the
problems of medicine, and who in connection with these activities uses animals.
c.A student enrolled in an approved program of veterinary technology performing
duties or actions assigned by an instructor or working under the direct
supervision of a veterinarian.
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d.An employee of the United States or this state while in the performance of duties
as employees.
e.An employee of a veterinarian performing duties under the direction or
supervision of the veterinarian responsible for the employee's performance.
f.An individual lecturing or giving instructions or demonstrations within the
individual's area of professional expertise in connection with a continuing
education course or seminar.
g.An individual who is not a graduate of an approved program of veterinary
technology, enrolled in an equivalency program of veterinary technology as
approved by the board, performing duties or actions assigned by an instructor in
an approved program of veterinary technology.
h.An individual who administers medication or treatment as prescribed by a
veterinarian.
i.An individual who performs gratuitous services for an animal in a life-threatening
situation.
2.This section may not be construed to protect individuals from animal cruelty laws in
this state.
SECTION 16. AMENDMENT. Section 43-29-14 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-14. Refusal, suspension, and revocation of license and certificate -
Reinstatement and relicense.
1.The state board of veterinary medical examiners may refuse to issue a license or
certificate of registrationtemporary license, or may suspend or revoke a license and
certificate of registrationor temporary license, upon any of the following grounds:
a.Fraud or deception in procuring the license, including conduct that violates the
security or integrity of any licensing examination.
b.The use of advertising or solicitation that is false, misleading, or otherwise
determined unprofessional under rules adopted by the board.
c.Habitual intemperance in the use of intoxicating liquors, or habitual addiction to
the use of morphine, cocaine, or other habit-forming drugsThe determination that
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an individual is an impaired veterinarian as defined by section 43 - 29.01.1 or an
impaired veterinary technician as defined by section 43-29-01.1.
d.Immoral, unprofessional, or dishonorableUnprofessional conduct manifestly
disqualifying the licensee from practicing veterinary medicineas defined by the
rules adopted by the board, or violating the code of ethics adopted by the board
by rule.
e.Incompetence, gross negligence, or other malpractice in the practice of
veterinary medicine or veterinary technology.
f.Employment of unlicensed personsindividuals to perform work that under this
chapter can lawfully be done only by personsindividuals licensed to practice
veterinary medicine or veterinary technology.
g.Fraud or dishonest conduct in applying or reporting diagnostic biological tests,
inspecting foodstuffs, or in issuing health certificatesregulatory documents.
h.Failure of the licensee to keep the premises and equipment used in the licensee's
practice in a reasonably clean and sanitary condition and failure to use
reasonably sanitary methods in the practice of veterinary medicine or veterinary
technology.
i.Violation of the rules adopted by the board.
j.Conviction of an offense determined by the board to have a direct bearing upon a
person'sthe ability of an individual to serve the public as a veterinarian or
veterinary technician, or when the board determines, following conviction of any
offense, that a personan individual is not sufficiently rehabilitated under section
12.1-33-02.1.
k.Willful or repeated violations of this chapter or any rule adopted by the board.
l.Failure to report, as required by law, or making false report of, any contagious or
infectious disease.
m.Cruelty to animals as defined under chapter 36-21.2.
n.Revocation of a license to practice veterinary medicine or veterinary technology
by another statejurisdiction on grounds other than nonpayment of a
registrationrenewal fee.
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o.The use, prescription, or dispensing of any veterinary prescription drug, or the
prescription or extra-label use of any over-the-counter drug, in the absence of a
valid veterinarian-client-patient relationship, except as provided by section
43-29-19.
2.Any personAn individual whose license has been revoked may apply to the board for
reinstatement and relicensure one year after the date of revocation. The board may
reissue a license if the board is satisfied the applicant is qualified to practice veterinary
medicine or veterinary technology, meets the existing requirements for licensure, and
will comply with the rules regarding the practice of veterinary medicine or veterinary
technology.
SECTION 17. AMENDMENT. Section 43-29-15 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-15. Complaints - Investigations.
1.Any personAn individual may file a written complaint with the board setting forth the
specific charges upon which the complaint is made. Upon receiving a complaint, the
board shall notify the veterinarian or veterinary technician of the complaint and request
a written response from the veterinarian or veterinary technician. The board may adopt
rules establishing a peer review committee for the purpose of investigating complaints
and providing recommendations to the board. A veterinarian or veterinary technician
who is the subject of an investigation by the board shall cooperate fully with the
investigation. Cooperation includes responding fully and promptly to any reasonable
question raised by or on behalf of the board relating to the subject of the investigation
and providing copies of records when reasonably requested by the board. Failure to
cooperate in the investigative process may be grounds for disciplinary action against
the veterinarian or veterinary technician.
2.To pursue the investigation, the board may subpoena and examine witnesses and
records, including medical records, copy, photograph, or take samples. The board may
require the veterinarian to give statements under oath, to submit to a physical or
psychological examination, or both, by a physician or other qualified evaluation
professional selected by the board if it appears to be in the best interest of the public
that this evaluation be secured. After review of the complaint, the veterinarian's
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response, and information obtained in the investigation, the board shall determine if
there is a reasonable basis to believe the allegations are true and that the allegations
constitute a violation of this chapter or the rules of the board. If the board determines
there is a reasonable basis to believe the allegations are true and the allegations
constitute a violation of this chapter or the rules of the board, the board shall take
appropriate action. If a reasonable basis is not found by the board, the board shall
notify the complaining party and the veterinarian in writing:
a.Subpoena and examine witnesses, records, medical records, copy, photograph,
or take samples;
b.Require the veterinarian or veterinary technician to give statements under oath;
c.Require the veterinarian or veterinary technician to submit to a physical
examination, chemical dependency evaluation, or psychological examination by a
physician or other qualified evaluation professional selected by the board if there
is reasonable cause to believe the veterinarian or veterinary technician is
impaired as defined by 43-29-01.1; and
d.Require the veterinarian or veterinary technician to enroll in a treatment or
monitoring program approved by the board if the board determines in good faith
enrollment would be beneficial to the veterinarian or veterinary technician or to
protect the public.
3.After review of the complaint, the response from the veterinarian or veterinary
technician, and information obtained in the investigation, the board shall determine if
there is a reasonable basis to believe the allegations are true and if the allegations
constitute a violation of this chapter or the rules of the board. If the board determines
there is a reasonable basis to believe the allegations are true and the allegations
constitute a violation of this chapter or the rules of the board, the board shall take
appropriate action. If a reasonable basis is not found by the board, the board shall
notify the complaining party and the veterinarian or veterinary technician in writing.
4.Unless the board proceeds with a disciplinary action, the complaint, the response, and
any records received by the board during an investigation of a complaint under this
section are exempt records, as defined in section 44 - 04 - 17.1.
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5.A veterinarian or veterinary technician shall report in good faith any impaired
veterinarian or impaired veterinary technician as defined by 43 - 29 - 01.1 .
6.The board may adopt rules as necessary to carry out this section.
SECTION 18. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Self-reporting and self-referral.
1.A veterinarian or veterinary technician may voluntarily self-report or self-refer to a
treatment or monitoring program approved or contracted by the board to seek
assistance for a potential or existing impairment due to a mental health or substance
use disorder.
2.A veterinarian or veterinary technician who under this section voluntarily seeks
assistance from a treatment or monitoring program in assessing or treating a potential
or existing impairment will not be reported to the board solely on the basis of self-
reporting or self-referral.
3.The identity of the veterinarian or veterinary technician and findings of the evaluation
only may be reported to the board when:
a.A veterinarian or veterinary technician refuses to undergo an evaluation by the
program;
b.The evaluation reveals evidence of an impairment that could affect the ability of
the veterinarian or veterinary technician to practice, or constitutes a threat to the
safety of a patient or the public; or
c.The veterinarian or veterinary technician refuses to cooperate with a treatment
plan, monitoring and followup, or aftercare directed by the program, including a
recommendation about continuing practice.
4.Participation in the program does not protect a veterinarian or veterinary technician
from disciplinary action resulting from a complaint.
5.A veterinarian or veterinary technician who self-reports or self-refers to the board for a
potential or existing impairment may be referred by the board to a treatment or
monitoring program in a manner prescribed by the board by rule, and subsequent
reporting by the program to the board is at the discretion of and in the manner
prescribed by the board.
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6.A veterinarian or veterinary technician who has completed a treatment or monitoring
program and is in full compliance with all parts of the treatment or monitoring plan and
aftercare, may answer in the negative to a question on an application to the board for
licensure or licensure renewal regarding current impairment by the condition for which
the veterinarian or veterinary technician completed treatment. However, any
recurrence of the impairment or the existence of other potential impairments that are
not currently known to the program must be reported on the application.
7.Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all
records related to participation in a treatment or monitoring program established under
this section containing identifying information about a veterinarian or veterinary
technician are confidential and only may be disclosed when:
a.Disclosure is reasonably necessary for the accomplishment of the purposes of
intervention, rehabilitation, referral assistance, or supportive services;
b.Disclosure is required by law in a legal or administrative hearing or requested by
the board for a formal disciplinary action;
c.Disclosure is necessary regarding a veterinarian's or veterinary technician's
noncompliance with the program;
d.A staff member is handling records for administrative purposes as provided under
this section; and
e.A person is participating in treatment or program monitoring, evaluations, or
followup.
8.A person in attendance at any meeting of a treatment or monitoring program is not
required to testify as to the content of any findings, committee discussions, or
proceedings, unless requested by the board for a disciplinary proceeding or regarding
noncompliance with the program.
SECTION 19. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Immunity from liability.
The following individuals are immune from liability in any civil or criminal proceeding brought
against the individual for any action occurring while the individual was acting in good faith within
the scope of the individual's respective capacity:
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1.A member of the board;
2.A member of a peer review committee;
3.A witness testifying in a proceeding or hearing authorized under this chapter or
administrative proceeding held under chapter 28 - 32;
4.A treating professional;
5.An individual who files a complaint pursuant to this Act; and
6.An individual reporting an impaired veterinarian or impaired veterinary technician as
defined by section 43-29-01.1.
SECTION 20. AMENDMENT. Subsection 2 of section 43-29-16 of the North Dakota
Century Code is amended and reenacted as follows:
2.In any order or decision issued by the board in which disciplinary action is imposed
against a licenseeveterinarian or veterinary technician, the board may direct the
licenseeveterinarian or veterinary technician to pay the board a sum not to exceed the
reasonable and actual costs, including attorney's fees, incurred by the board in the
investigation and prosecution of the case. When applicable, the licensee's license may
be suspended until the costs are paid to the board.
SECTION 21. AMENDMENT. Section 43-29-16.1 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-16.1. Abandonment of animals by ownerclient - Disposal of remains.
1.Any animal placed in the custody of a licensed doctor of veterinary
medicineveterinarian for treatment, boarding, or other care, which is abandoned by its
owner or its owner's agentthe client for a period of more than ten days after a written
notice, by registered or certified letter, return receipt requested, is givenmailed to the
owner or its owner's agentclient at the last-known address, may be turned over to the
custody of the nearest humane society or dog pound in the area or disposed of as
such custodian may deem proper.
2.The givingservice of notice to the owner, or the agent of the ownerclient, of such
animal by the doctor of veterinary medicineveterinarian, as provided in subsection 1,
shall relieve the doctor of veterinary medicineveterinarian and any custodian to whom
such animal may be given of any further liability for disposal; it is further provided that
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such. Such procedure by the licensed doctor of veterinary medicineveterinarian does
not constitute grounds for disciplinary procedure under this chapter.
3.For the purpose of this section, the term "abandoned" means to forsake entirely or to
neglect or refuse to provide or perform the care and support of an animal by its owner
or its owner's agentthe client; such abandonment constitutes the relinquishment of all
rights and claim by the owner of such animal.
4.Any animal remains that are left in the possession of a veterinarian and have not been
claimed by the client for a period of more than ten days after a written notice, by
registered or certified letter, return receipt requested, is mailed to the client at the last-
known address, may be disposed of by the veterinarian as deemed proper.
SECTION 22. AMENDMENT. Section 43-29-17 of the North Dakota Century Code is
amended and reenacted as follows:
43-29-17. Unlawful practice of veterinary medicine - Penalty - Civil remedy.
Any person who
1.An individual is guilty of a class B misdemeanor if the individual:
1.a.Practices veterinary medicine, surgery, or dentistry in this state without
compliance with the provisions of this chapter;
2.b.Willfully and falsely claims or pretends to have or hold a certificate of
registrationlicense or temporary license issued by the state board of veterinary
medical examiners; or
3.c.Willfully and falsely, with intent to deceive the public, claims or pretends to be a
graduate of, or to hold a degree or diploma showing the satisfactory completion
of a course in veterinary science in a school, college, or university
recognizedfrom a program of veterinary medicine approved by the board;
is guilty of a class B misdemeanor.
2.In addition to the criminal penalty provided, the civil remedy of injunction is available to
restrain and enjoin violations of any provisions of this chapter without proof of actual
damages sustained by any personan individual, upon application and unanimous vote
of all members of the state board of veterinary medical examiners.
SECTION 23. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
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Unlawful practice of veterinary technology - Penalty - Civil remedy.
1.An individual is guilty of a class B misdemeanor if the individual:
a.Practices veterinary technology in this state without compliance with the
provisions of this chapter;
b.Willfully and falsely claims or pretends to have or hold a license issued by the
board; or
c.Willfully and falsely, with intent to deceive the public, claims or pretends to be a
graduate of, or to hold a degree or diploma from, a program of veterinary
technology approved by the board.
2.In addition to the criminal penalty provided, the civil remedy of injunction is available to
restrain and enjoin violations of any provisions of this chapter without proof of actual
damages sustained by an individual, upon application and unanimous vote of all
members of the board.
SECTION 24. AMENDMENT. Subsection 2 of section 43-29-19 of the North Dakota
Century Code is amended and reenacted as follows:
2.Other than a controlled substance, a licensed veterinarian may dispense a veterinary
prescription drug without establishing a veterinarian-client-patient relationship if:
a.The drug is prescribed by a licensed veterinarian or by a veterinarian licensed in
another jurisdictionforeign practitioner who has established a
veterinarian-client-patient relationship;
b.The prescribing veterinarian or foreign practitioner has an inadequate supply of
the drug, failure to dispense the drug would interrupt a therapeutic regimen, or
failure to dispense the drug would cause an animal to suffer; and
c.The dispensing veterinarian verifies the prescription with the prescribing
veterinarian or foreign practitioner.
d.The dispensing veterinarian is not presumptively aware of any disciplinary action
against the prescribing veterinarian or foreign practitioner.
SECTION 25. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
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Veterinary telemedicine - Teleadvice and teletriage.
1.A veterinarian shall establish a veterinarian-client-patient relationship by virtue of a
medically appropriate and timely in-person examination of a patient by the
veterinarian, or by a timely in-person visit to the premises where the patient is
managed or resides before the provision of veterinary telemedicine services.
2.The provision of teleadvice or teletriage by a veterinarian does not require the prior
establishment of a veterinarian-client-patient relationship.
3.A veterinary technician may perform teleadvice and teletriage without instructions from
a veterinarian.
4.The board may adopt rules as necessary to carry out this section.
SECTION 26. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Source of data.
The board shall be authorized to rely upon the expertise of and verified data gathered and
stored by not for profit organizations that share in the public protection mission of the board
including the American association of veterinary state boards to make determinations under this
chapter and to promote uniformity and administrative efficiencies.
SECTION 27. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Location of the practice of veterinary medicine.
The provision of veterinary services to a patient in this state which fall within the standard of
practice of veterinary medicine regardless of the means by which the services are provided or
the physical location of the person providing those services, constitutes the practice of
veterinary medicine in this state and is subject to regulation by the board.
SECTION 28. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Indirect practice without a license for foreign practitioners.
A foreign practitioner may provide veterinary services in this state which fall within the
scope of practice designated by the foreign practitioner's license and by this chapter without
obtaining a license from the board if the services are provided through telehealth and are a
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30 Sixty-ninth
Legislative Assembly
continuation of an existing veterinarian-client-patient relationship as established under this
chapter.
SECTION 29. A new section to chapter 43-29 of the North Dakota Century Code is created
and enacted as follows:
Specialized or holistic animal trade - Exceptions.
1.This chapter does not apply to an individual who engages in the practice of a
specialized or holistic trade on an animal, requiring manual skills and special training.
2.An individual practicing under the exception of this section:
a.Shall disclose the individual is not a licensed veterinarian or veterinary technician
to the client; and
b.May not:
(1)Provide a diagnosis or prognosis;
(2)Prescribe a medication; or
(3)Perform a surgical treatment.
3.For the purposes of this section, "specialized or holistic trade" includes:
a.An accepted livestock management practice;
b.Acupuncture or accupressure;
c.Grooming;
d.Horseshoeing or farrier work;
e.Massage therapy;
f.Microchip implantation;
g.Nonveterinarian dentistry; and
h.Training or conditioning.
SECTION 30. REPEAL. Sections 43-29-09, 43-29-10, 43-29-11, and 43-29-12.1 of the
North Dakota Century Code are repealed.
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