North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2357 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.1301.~~02000~~
	1	+	25.1301.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Senators Roers, Axtman, Wobbema
7	7		Representatives Richter, Louser, O'Brien
8		-	A BILL for an Act to provide for a legislative management study regarding the feasibility,
9		-	benefits, and challenges of creating a composite mental health licensing board.
	8	+	A BILL for an Act to create and enact chapter 43-56 of the North Dakota Century Code, relating
	9	+	to the composite mental health licensing board; to amend and reenact subsection 2 of section
	10	+	12-60-24, subsections 1, 2, and 7 of section 43-32-01, sections 43-32-10, 43-32-16, 43-32-17,
	11	+	and 43-32-26, subsection 1 of section 43-41-01, sections 43-41-02, 43-41-03, subsection 1 of
	12	+	section 43-41-04, sections 43-41-05.1, 43-41-07, 43-41-09, and 43-41-11.1, subsection 2 of
	13	+	section 43-45-01, sections 43-45-04 and 43-45-05.1, subsection 2 of section 43-45-05.2,
	14	+	section 43-45-07.1, subsection 1 of section 43-45-07.2, subsection 1 of section 43-47-01,
	15	+	section 43-47-03, subsection 1 of section 43-47-06, sections 43-47-06.1, 43-47-06.3, 43-47-07,
	16	+	and 43-47-07.1, subsections 1 and 4 of section 43-47-08, section 43-47-09, subsections 3
	17	+	and 4 of section 43-53-01, sections 43-53-02, 43-53-03, and 43-53-05, subsection 1 of section
	18	+	43-53-06, subsection 1 of section 43-53-07, and section 43-53-12 of the North Dakota Century
	19	+	Code, relating to the state board of psychologist examiners, board of social work examiners,
	20	+	board of addiction counseling examiners, board of counselor examiners, and marriage and
	21	+	family therapy licensure board; to repeal sections 43-32-02, 43-32-03, 43-32-04, 43-32-05,
	22	+	43-32-06, 43-32-07, 43-32-08, 43-32-11, 43-32-13, 43-32-14, 43-41-08, 43-41-12, 43-45-02,
	23	+	43-45-03, 43-45-05, 43-45-07, 43-47-02, 43-47-03.1, 43-47-06.2, and 43-53-04 of the North
	24	+	Dakota Century Code, relating to the state board of psychologist examiners, board of social
	25	+	work examiners, board of addiction counseling examiners, board of counselor examiners, and
	26	+	marriage and family therapy licensure board; to provide a penalty; to provide for a transfer; and
	27	+	to provide for application.
10	28		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11		-	SECTION 1. LEGISLATIVE MANAGEMENT STUDY - CREATION OF A COMPOSITE
12		-	MENTAL HEALTH LICENSING BOARD.
13		-	1.During the 2025-26 interim, the legislative management shall consider studying the
14		-	feasibility, benefits, and challenges of creating a composite mental health licensing
15		-	board. The study must include:
16		-	a.An evaluation of the impact of the creation of a composite mental health licensing
17		-	board to oversee the licensing, regulation, and disciplinary procedures for
18		-	psychologists, social workers, addiction counselors, professional counselors, and
19		-	marriage and family therapists;
20		-	b.A consideration of the addition of peer support certification and participation in
21		-	the composite mental health licensing board;
22		-	c.An analysis of the regulatory efficiencies that would result from the consolidation
23		-	of multiple independent licensing boards into a single entity;
24		-	d.A consideration of the fiscal impact that would result from the creation of a
25		-	composite mental health licensing board, including administrative consolidation,
26		-	fee structures, and operational efficiencies;
27		-	e.An analysis of the effects of the creation of a composite mental health licensing
28		-	board on licensing requirements, professional standards, and the disciplinary
29		-	processes, including the maintenance and improvement of current oversight;
30		-	Page No. 1 25.1301.02000
31		-	ENGROSSED SENATE BILL NO. 2357
32		-	FIRST ENGROSSMENT
	29	+	SECTION 1. AMENDMENT. Subsection 2 of section 12-60-24 of the North Dakota Century
	30	+	Code is amended and reenacted as follows:
	31	+	Page No. 1 25.1301.01000
	32	+	SENATE BILL NO. 2357
	33	+
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55	57		Legislative Assembly
56		-	f.A consideration of the perspectives of affected professionals, board members,
57		-	industry associations, and the public regarding the creation of a composite
58		-	mental health licensing board;
59		-	g.A consideration of the influence of a composite mental health licensing board on
60		-	the state's participation in professional licensure compacts, multistate practice
61		-	agreements, and workforce mobility;
62		-	h.A consideration of the impact of a composite mental health licensing board on the
63		-	availability of qualified mental health professionals and public access to mental
64		-	health care; and
65		-	i.A review of best practices from other states that have created similar composite
66		-	licensing boards.
67		-	2.The legislative management shall report its findings and recommendations together
68		-	with any legislation required to implement the recommendations, to the seventieth
69		-	legislative assembly.
70		-	Page No. 2 25.1301.02000
	58	+	2.The bureau of criminal investigation shall provide to each agency, official, or entity
	59	+	listed in this subsection who has requested a statewide and nationwide criminal history
	60	+	record check, the response of the federal bureau of investigation and any statewide
	61	+	criminal history record information that may lawfully be made available under this
	62	+	chapter:
	63	+	a.The governing body of a city or a county, by ordinance or resolution, for a final
	64	+	applicant for a specified occupation with the city or county.
	65	+	b.The agriculture commissioner for each applicant for a license to grow or process
	66	+	hemp under section 4.1-18.1-02.
	67	+	c.The education standards and practices board for initial, re-entry, and reciprocal
	68	+	teacher licenses under sections 15.1-13-14 and 15.1-13-20 and school guidance
	69	+	and counseling services under section 15.1-13-23.
	70	+	d.The North Dakota board of medicine for licenses or disciplinary investigations
	71	+	under section 43-17-07.1, except that criminal history record checks need not be
	72	+	made unless required by the board.
	73	+	e.The private investigative and security board for licenses or registrations under
	74	+	section 43-30-06.
	75	+	f.The department of health and human services for foster care licenses, certified
	76	+	family foster home for children providers, approved tribal foster care facilities, and
	77	+	identified relatives under chapter 50-11, appointments of legal guardians under
	78	+	chapter 50-11.3, and petitions for adoptions under chapter 50-12, except that the
	79	+	criminal history record investigation must be conducted in accordance with those
	80	+	chapters. A criminal history record investigation completed under chapter
	81	+	25-03.2, 50-06, 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements
	82	+	of a criminal history record investigation under either of the other four chapters.
	83	+	The federal bureau of investigation's criminal history record investigation
	84	+	obtained from one criminal history record investigation purpose may not be
	85	+	reused to satisfy the requirements of another federal bureau of investigation's
	86	+	criminal history record investigation for a different purpose.
	87	+	g.The department of health and human services for criminal history record checks
	88	+	authorized under section 50-06-01.9.
	89	+	Page No. 2 25.1301.01000
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	122	+	h.The chief information officer of the information technology department for certain
	123	+	individuals under section 54-59-20.
	124	+	i.A public peace officer training school that has been approved by the peace officer
	125	+	standards and training board for enrollees in the school. The school may only
	126	+	disclose the criminal history record information as authorized by law. The school
	127	+	shall pay the costs for securing the fingerprints, any criminal history record
	128	+	information made available under this chapter, and for the nationwide criminal
	129	+	history record check. This subdivision does not apply to the highway patrol law
	130	+	enforcement training center and enrollees who have a limited license under
	131	+	section 12-63-09.
	132	+	j.The North Dakota public employees retirement board for individuals first
	133	+	employed by the public employees retirement board after July 31, 2005, who
	134	+	have unescorted physical access to the office or any security-sensitive area of
	135	+	the office as designated by the executive director.
	136	+	k.The executive director of the retirement and investment office for individuals first
	137	+	employed by the retirement and investment office after July 31, 2005, who have
	138	+	unescorted physical access to the office or any security-sensitive area of the
	139	+	office as designated by the executive director.
	140	+	l.The Bank of North Dakota for a final applicant for a specified occupation with the
	141	+	Bank as designated by the president.
	142	+	m.Job service North Dakota for all employees, final applicants for employment with
	143	+	job service, and contractors with access to federal tax information.
	144	+	n.The department of health and human services for a final applicant for a job
	145	+	opening or a current employee with the department; an individual being
	146	+	investigated by the department; or an applicant for registration as a designated
	147	+	caregiver or a compassion center agent under chapter 19-24.1.
	148	+	o.The state board of nursing for applicants, licensees, registrants, or disciplinary
	149	+	investigations under chapter 43-12.1, except that criminal history record checks
	150	+	need not be made unless required by the board.
	151	+	p.The state board of pharmacy for applicants or disciplinary investigations under
	152	+	chapter 43-15 and registrations, or revocation or suspension of registrations,
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	186	+	under chapter 19-03.1, except that criminal history record checks need not be
	187	+	made unless required by the board.
	188	+	q.The state real estate commission for applicants, licensees, or investigations
	189	+	under chapter 43-23, except that criminal history record checks need not be
	190	+	made unless required by the commission.
	191	+	r.The North Dakotacomposite mental health licensing board of social work
	192	+	examiners for applicants for initial licensure or licensees under chapter
	193	+	43-4143 - 56 , except that criminal history record checks for licensees need not be
	194	+	made unless required by the board.
	195	+	s.All agencies, departments, bureaus, boards, commissions, or institutions of the
	196	+	state, including the North Dakota university system, for all employees or final
	197	+	applicants for employment as a security guard or to otherwise provide security.
	198	+	t.The office of management and budget for each individual who has access to
	199	+	personal information as designated by the director.
	200	+	u.The department of corrections and rehabilitation for all agents and employees
	201	+	and a final applicant for employment designated by the director and for each
	202	+	agent, employee, or a final applicant for employment of a privately operated
	203	+	entity providing contract correctional services for the department who exercises
	204	+	direct authority over juveniles, inmates, probationers, or parolees.
	205	+	v.A city, county, or combination of cities or counties that operates a correctional
	206	+	facility subject to chapter 12-44.1, for each agent and employee and a final
	207	+	applicant for employment of the correctional facility who has direct contact with or
	208	+	exercises direct authority over any juvenile or inmate of the correctional facility,
	209	+	and for each agent, employee, or a final applicant for employment of a privately
	210	+	operated entity providing contract correctional services for the correctional facility
	211	+	who exercises direct authority over juveniles, inmates, probationers, or parolees.
	212	+	w.The North Dakota university system for a final applicant for or employee in a
	213	+	specified position in the university system or a university system institution or for
	214	+	each student applying for or admitted to a specified program of study, as
	215	+	designated by the chancellor.
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	248	+	x.(1)The board of a school district, for employees designated by the board,
	249	+	provided the board is responsible for paying the costs associated with
	250	+	obtaining a criminal history record check;
	251	+	(2)The board of a multidistrict special education unit, for employees designated
	252	+	by the board, provided the board is responsible for paying the costs
	253	+	associated with obtaining a criminal history record check;
	254	+	(3)The board of an area career and technology center, for employees
	255	+	designated by the board, provided the board is responsible for paying the
	256	+	costs associated with obtaining a criminal history record check;
	257	+	(4)The board of a regional education association, for employees designated by
	258	+	the board, provided the board is responsible for paying the costs associated
	259	+	with obtaining a criminal history record check; and
	260	+	(5)The superintendent of public instruction in the case of a nonpublic school or
	261	+	a state school with a superintendent appointed by or reporting to the
	262	+	superintendent of public instruction, for employees designated by the
	263	+	nonpublic or state school, provided the nonpublic or state school is
	264	+	responsible for paying the costs associated with obtaining a criminal history
	265	+	record check.
	266	+	y.(1)The board of a school district, for a final applicant seeking employment with
	267	+	the district or otherwise providing services to the district, if that individual
	268	+	has unsupervised contact with students, provided the board is responsible
	269	+	for paying the costs associated with obtaining a criminal history record
	270	+	check;
	271	+	(2)The board of a multidistrict special education unit, for a final applicant
	272	+	seeking employment with the unit or otherwise providing services to the unit,
	273	+	if that individual has unsupervised contact with students, provided the board
	274	+	is responsible for paying the costs associated with obtaining a criminal
	275	+	history record check;
	276	+	(3)The board of an area career and technology center, for a final applicant
	277	+	seeking employment with the center or otherwise providing services to the
	278	+	center, if that individual has unsupervised contact with students, provided
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	312	+	the board is responsible for paying the costs associated with obtaining a
	313	+	criminal history record check;
	314	+	(4)The board of a regional education association, for a final applicant seeking
	315	+	employment with the association or otherwise providing services to the
	316	+	association if that individual has unsupervised contact with students,
	317	+	provided the board is responsible for paying the costs associated with
	318	+	obtaining a criminal history record check; and
	319	+	(5)The superintendent of public instruction in the case of a nonpublic school or
	320	+	a state school with a superintendent appointed by or reporting to the
	321	+	superintendent of public instruction, for a final applicant seeking
	322	+	employment with the school or otherwise providing services to the school, if
	323	+	that individual has unsupervised contact with students, provided the board is
	324	+	responsible for paying the costs associated with obtaining a criminal history
	325	+	record check.
	326	+	(6)For purposes of this subdivision, "unsupervised contact" with students
	327	+	means being in proximity to one or more students, on school grounds or at
	328	+	school functions, outside the presence of an individual who has been
	329	+	subject to a criminal history record check.
	330	+	z.The racing commission for applicants for licenses under chapter 53-06.2, except
	331	+	that criminal history record checks need not be made unless required by the
	332	+	commission.
	333	+	aa.A district court for a petition to change a name under chapter 32-28.
	334	+	bb.The state board of pharmacy for a wholesale drug distributor seeking licensure
	335	+	under chapter 43-15.3.
	336	+	cc.The board of dental examiners for investigations of applicants or dentists under
	337	+	section 43-28-11.2, except that criminal history record checks need not be made
	338	+	unless required by the board.
	339	+	dd.The department of financial institutions for each applicant for a specified
	340	+	occupation with the department as specified by the commissioner and principal
	341	+	owners and managing officers of applicants for a license from the department of
	342	+	financial institutions.
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	376	+	ee.The office of tax commissioner for all employees, final applicants for employment
	377	+	with the tax commissioner, and contractors with access to federal tax information.
	378	+	ff.The state board of examiners for nursing home administrators for applicants for
	379	+	licensure or licensees under chapter 43-34, except that criminal history record
	380	+	checks for licensees need not be made unless required by the board.
	381	+	gg.The marriage and family therapy licensure board for applicants, licensees, or
	382	+	investigations under chapter 43-53, except that criminal history record checks
	383	+	need not be made unless required by the board.
	384	+	hh.The state board of chiropractic examiners for applicants, licensees, certificates,
	385	+	or investigations under chapter 43-06, except that criminal history record checks
	386	+	need not be made unless required by the board.
	387	+	ii.hh.Workforce safety and insurance for a final applicant for a specified occupation
	388	+	with workforce safety and insurance as designated by the director, or for
	389	+	contractors who may have access to confidential information as designated by
	390	+	the director.
	391	+	jj.The board of counselor examiners for applicants for licensure or licensees under
	392	+	chapter 43-47, except that criminal history record checks for licensees need not
	393	+	be made unless required by the board.
	394	+	kk.ii.The state board of respiratory care for applicants, licensees, or investigations
	395	+	under chapter 43-42, except that criminal history record checks need not be
	396	+	made unless required by the board.
	397	+	ll.jj.The North Dakota real estate appraiser qualifications and ethics board for
	398	+	applicants for permits or registration or permittees, registrants, owners, or
	399	+	controlling persons under chapters 43-23.3 and 43-23.5, except that criminal
	400	+	history record checks for permittees, registrants, owners, or controlling persons
	401	+	need not be made unless required by the board.
	402	+	mm.kk.The insurance department for criminal history record checks authorized under
	403	+	chapters 26.1-26 and 26.1-26.8.
	404	+	nn.ll.The office of the adjutant general for employees and volunteers working with the
	405	+	recruiting and retention, sexual assault, and youth programs.
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	438	+	oo.mm.The parks and recreation department for volunteers and final applicants for
	439	+	employment, as determined by the director of the parks and recreation
	440	+	department.
	441	+	pp.nn.The North Dakota medical imaging and radiation therapy board of examiners for
	442	+	licensure and licensees under chapter 43-62, except that criminal history record
	443	+	checks for licensees need not be made unless required by the board.
	444	+	qq.oo.The game and fish department for volunteers and final applicants for
	445	+	employment, as determined by the director of the game and fish department.
	446	+	rr.pp.The North Dakota board of massage for applicants, licensees, or investigations
	447	+	under chapter 43-25.
	448	+	ss.qq.The North Dakota board of physical therapy for physical therapist and physical
	449	+	therapist assistant applicants and for licensees under investigation, except that
	450	+	criminal history record checks need not be made unless required by the board.
	451	+	tt.rr.The department of commerce for volunteers and employees providing services
	452	+	through eligible organizations, as determined by the commissioner of commerce.
	453	+	uu.ss.The state court administrator for a guardian ad litem who provides direct services
	454	+	to youth.
	455	+	vv.tt.The department of environmental quality for a final applicant for a job opening or
	456	+	a current employee with the department, or an applicant for a radioactive
	457	+	materials license under chapter 23.1-03 or a solid waste permit under chapter
	458	+	23.1-08 as provided in section 23.1-01-11.1.
	459	+	ww.uu.The housing finance agency for criminal history record checks authorized under
	460	+	section 54-17-07.13.
	461	+	xx.vv.The office of state treasurer for each individual who has access to federal tax
	462	+	information.
	463	+	yy.ww.The department of health and human services for a criminal history record check
	464	+	for a children's advocacy center as authorized under section 50-25.1-11.1.
	465	+	zz.xx.The state historical society for volunteers and final applicants for employment,
	466	+	except that criminal history record checks need not be made unless requested by
	467	+	the society.
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	500	+	aaa.yy.The department of transportation for volunteers and final applicants for
	501	+	employment, as determined by the director of the department of transportation.
	502	+	bbb.zz.The commission on legal counsel for indigents for a volunteer or final applicant
	503	+	for employment, as determined by the director of the commission on legal
	504	+	counsel for indigents.
	505	+	ccc.aaa. The board of dietetic practice for applications for licensure or renewal
	506	+	under chapter 43-44, except that criminal history record checks need not be
	507	+	made unless required by the board.
	508	+	ddd.bbb. The secretary of state for employees with access to personally identifying
	509	+	information of residents or businesses of the state or with access to elections
	510	+	systems that are critical infrastructure under section 44-04-24.
	511	+	eee.ccc. The department of health and human services for applicants for initial
	512	+	licensure for emergency medical services personnel, such as emergency medical
	513	+	technicians, advanced emergency medical technicians, and paramedics, as
	514	+	required by subdivision d of subsection 3 of section 23-27.1-03.
	515	+	SECTION 2. AMENDMENT. Subsections 1, 2, and 7 of section 43-32-01 of the North
	516	+	Dakota Century Code are amended and reenacted as follows:
	517	+	1."Board" means the North Dakota state board of psychologist examinerscomposite
	518	+	mental health licensing board under chapter 43 - 56 .
	519	+	2."Industrial-organizational psychologist" means an individual who is licensed under this
	520	+	chapter 43 - 56 to engage in the practice of industrial-organizational psychology.
	521	+	7."Psychologist" means an individual who is licensed under this chapter 43 - 56 in the
	522	+	practice of psychology.
	523	+	SECTION 3. AMENDMENT. Section 43-32-10 of the North Dakota Century Code is
	524	+	amended and reenacted as follows:
	525	+	43-32-10. Power of board to administer oaths - Conduct hearings - Summon
	526	+	witnesses - Take testimony.
	527	+	The members of the board and the secretary may administer oaths. The board may
	528	+	summon witnesses as provided in chapter 28-32 and take testimony in all matters relating to its
	529	+	duties, including the enforcement of the provisions and purposes of this chapter and chapter
	530	+	43 - 56, and the rules adopted by the board.
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	564	+	SECTION 4. AMENDMENT. Section 43-32-16 of the North Dakota Century Code is
	565	+	amended and reenacted as follows:
	566	+	43-32-16. Board to keep records.
	567	+	1.The board shall keep a record of its proceedings and a register of all applicants for
	568	+	licensing which must show:
	569	+	a.The name, date of birth, and residence of each applicant.
	570	+	b.The date of each applicant's application.
	571	+	c.The place of business of each applicant.
	572	+	d.A summary of the educational and other qualifications of each applicant.
	573	+	e.Whether an examination was required of an applicant.
	574	+	f.Whether a license was granted to an applicant.
	575	+	g.The date of the action of the board.
	576	+	h.Any information the board determines necessary or advisable in aid of the
	577	+	requirements of this subsection.
	578	+	2.Except as otherwise provided by law, the records of the board are public records and
	579	+	evidence of the proceedings of the board, and a transcript of board proceedings, duly
	580	+	certified by the secretary of the board is admissible in evidence with the same effect
	581	+	as if the original were produced.
	582	+	SECTION 5. AMENDMENT. Section 43-32-17 of the North Dakota Century Code is
	583	+	amended and reenacted as follows:
	584	+	43-32-17. License required for practice - Titles.
	585	+	1.Except as otherwise provided under this chapter and chapter 43 - 56 , a personan
	586	+	individual may not engage in the practice of psychology unless that personindividual is
	587	+	licensed as a psychologist or is registered as a psychology resident under this chapter
	588	+	43 - 56 . Except as otherwise provided byunder this chapter and chapter 43 - 56 , a
	589	+	personan individual may not engage in the practice of industrial-organizational
	590	+	psychology unless that personindividual is licensed as a psychologist or
	591	+	industrial-organizational psychologist or is registered as a psychology resident or
	592	+	industrial-organizational psychology resident under this chapter 43 - 56 .
	593	+	2.A personAn individual may not use the title "psychologist" or similar title unless that
	594	+	personindividual is licensed as a psychologist. A personAn individual may not use the
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	628	+	titles "industrial psychologist", "organizational psychologist", or
	629	+	"industrial-organizational psychologist" unless that personindividual is licensed as a
	630	+	psychologist or industrial-organizational psychologist.
	631	+	3.A personAn individual may not use the title "psychology resident" or similar title unless
	632	+	that personindividual is registered as a psychology resident. A personAn individual
	633	+	may not use the titles "industrial psychology resident", "organizational psychology
	634	+	resident", or "industrial organizational psychology resident" unless that
	635	+	personindividual is registered as a psychology resident or industrial-organizational
	636	+	psychology resident.
	637	+	SECTION 6. AMENDMENT. Section 43-32-26 of the North Dakota Century Code is
	638	+	amended and reenacted as follows:
	639	+	43-32-26. Issuance and display of license.
	640	+	The board is the sole agency empowered to examine competence in the practice of
	641	+	psychology. A certificate of license or registration issued by the board must show the full name
	642	+	of the licensee, have a serial number, be signed by the presidentchair of the board, and be
	643	+	attested by the secretaryanother member of the board. The license issued by the board under
	644	+	this chapter 43 - 56 must be prominently displayed at the principal place of business at which the
	645	+	licensee practices.
	646	+	SECTION 7. AMENDMENT. Subsection 1 of section 43-41-01 of the North Dakota Century
	647	+	Code is amended and reenacted as follows:
	648	+	1."Board" means the North Dakota board of social work examinerscomposite mental
	649	+	health licensing board under chapter 43 - 56 .
	650	+	SECTION 8. AMENDMENT. Section 43-41-02 of the North Dakota Century Code is
	651	+	amended and reenacted as follows:
	652	+	43-41-02. Social work practice - Exceptions.
	653	+	1.Nothing in thisThis chapter may not be construed to prevent any personan individual
	654	+	from doing work within the standards and ethics of that person'sindividual's profession
	655	+	and calling, provided that the personindividual does not present to the public, by title or
	656	+	description of services, that the personindividual is engaging in social work practice.
	657	+	2.This chapter maydoes not be construed to prevent students who are enrolled in
	658	+	programs of study leading to social work degrees from interning with a licensed
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	692	+	baccalaureate social worker, a licensed master social worker, or a licensed clinical
	693	+	social worker.
	694	+	3.Nothing in thisThis chapter preventsdoes not prevent the employment of, or
	695	+	volunteering by, individuals in nonprofit agencies or community organizations provided
	696	+	these personsindividuals do not hold themselves out to the public as being social
	697	+	workers.
	698	+	4.Nothing in thisThis chapter preventsdoes not prevent the employment of social work
	699	+	designees by hospitals, basic care facilities, or skilled nursing facilities, provided these
	700	+	individuals work under the direction of a social worker or social work consultant
	701	+	licensed under this chapter 43 - 56 and that the board beis notified of the name of the
	702	+	designee's employer and the name of the licensee who is providing direction or
	703	+	consultation to the designees.
	704	+	5.This chapter does not require public or appointed officials or administrators, acting in
	705	+	that capacity, or any other social or human service administrators who do not hold
	706	+	themselves out to the public as social workers, by title or description of services, to be
	707	+	licensed under this chapter 43 - 56 .
	708	+	6.This chapter does not prevent individuals with master's or doctoral degrees in the field
	709	+	of counseling with specialization in mental health from serving as counselors or
	710	+	therapists in mental health in state institutions or regional human service centers, if
	711	+	they do not hold themselves out to the public as social workers.
	712	+	SECTION 9. AMENDMENT. Section 43-41-03 of the North Dakota Century Code is
	713	+	amended and reenacted as follows:
	714	+	43-41-03. Representation to the public.
	715	+	1.Only those personsindividuals licensed to practice under this chapter 43-56 may
	716	+	represent themselves as a licensed baccalaureate social worker, licensed master
	717	+	social worker, or licensed clinical social worker.
	718	+	2.The license issued by the board under the provisions of this chapter 43-56 must be
	719	+	prominently displayed at the principal place of business where the social worker
	720	+	practices.
	721	+	SECTION 10. AMENDMENT. Subsection 1 of section 43-41-04 of the North Dakota
	722	+	Century Code is amended and reenacted as follows:
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	756	+	1.Except as otherwise provided in this chapter and chapter 43 - 56 , a personan individual
	757	+	may not engage in social work practice in this state unless that personindividual is a
	758	+	licensed baccalaureate social worker, a licensed master social worker, or a licensed
	759	+	clinical social worker.
	760	+	SECTION 11. AMENDMENT. Section 43-41-05.1 of the North Dakota Century Code is
	761	+	amended and reenacted as follows:
	762	+	43-41-05.1. Electronic social work services.
	763	+	1.The practice of social work in this state through electronic social work services or other
	764	+	means, regardless of the location of the practitioner, constitutes the practice of social
	765	+	work and is subject to this chapter and chapter 43 - 56 .
	766	+	2.The practice of social work by a practitioner in this jurisdiction through electronic social
	767	+	work services or other means, regardless of the location of the client, constitutes the
	768	+	practice of social work and is subject to this chapter and chapter 43 - 56 .
	769	+	3.A social worker providing electronic social work services shall take all necessary
	770	+	measures to ensure compliance with relevant practice standards as established by the
	771	+	board.
	772	+	SECTION 12. AMENDMENT. Section 43-41-07 of the North Dakota Century Code is
	773	+	amended and reenacted as follows:
	774	+	43-41-07. Qualification for licensure by an applicant licensed in another jurisdiction.
	775	+	1.An applicant may be granted a license upon:
	776	+	a.Satisfactory proof to the board that the applicant is licensed in good standing
	777	+	under the laws of another jurisdiction that imposes substantially the same
	778	+	requirements as this chapter and chapter 43 - 56 ; or
	779	+	b.Determination of the board that at the time of application for licensure under this
	780	+	section the applicant is licensed in good standing under the laws of another
	781	+	jurisdiction and possesses qualifications or experience in the practice of social
	782	+	work which are substantially similar to the minimum requirements for licensure
	783	+	under this chapter and chapter 43 - 56 .
	784	+	2.The applicant shall pay the licensure fees specified by the board.
	785	+	SECTION 13. AMENDMENT. Section 43-41-09 of the North Dakota Century Code is
	786	+	amended and reenacted as follows:
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	820	+	43-41-09. Duties and responsibilities of board.
	821	+	In addition to the duties set forth elsewhere in this chapter and chapter 43 - 56 , the board
	822	+	shall:
	823	+	1.Adopt rules to administer and carry out the provisions of this chapter and chapter
	824	+	43 - 56 .
	825	+	2.Produce an annual list of the names and level of licensure of all persons licensed
	826	+	under this chapter 43 - 56 and make the list available upon request.
	827	+	3.At its discretion, employ staff and provide for staff compensation.
	828	+	4.License social workers. The board may:
	829	+	a.Suspend the use of an examination for licensure.
	830	+	b.Waive examination requirements and create a process under which an applicant
	831	+	may apply for a waiver to licensure examination requirements.
	832	+	c.Create alternative requirements that do not require an examination to ascertain
	833	+	the qualifications and fitness of a candidate for a license to engage in the practice
	834	+	of social work.
	835	+	5.Establish fees and receive all moneys collected under this chapter.
	836	+	6.Deposit and disburse all fees and moneys collected by the board in accordance with
	837	+	section 54-44-12.
	838	+	7.Recommend prosecution for violations of this chapter to the appropriate state's
	839	+	attorney.
	840	+	8.7.Recommend the attorney general bring civil actions to seek injunctive and other relief
	841	+	against violations of this chapter.
	842	+	9.8.Establish continuing education requirements for license renewal.
	843	+	10.9.Adopt a code of social work ethics.
	844	+	SECTION 14. AMENDMENT. Section 43-41-11.1 of the North Dakota Century Code is
	845	+	amended and reenacted as follows:
	846	+	43-41-11.1. Permission to report - Immunity.
	847	+	An individual who has knowledge of conduct by an applicant or a licensee which may
	848	+	constitute grounds for disciplinary action under this chapter or chapter 43 - 56 or the rules of the
	849	+	board or of any unlicensed practice under this chapter may report the violation to the board. An
	850	+	individual is immune from civil liability or criminal prosecution for submitting in good faith a
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	884	+	report under this chapter or for otherwise reporting, providing information, or testifying about
	885	+	violations or alleged violations of this chapter or chapter 43 - 56 .
	886	+	SECTION 15. AMENDMENT. Subsection 2 of section 43-45-01 of the North Dakota
	887	+	Century Code is amended and reenacted as follows:
	888	+	2."Board" means the board of addiction counseling examinerscomposite mental health
	889	+	licensing board under chapter 43 - 56 .
	890	+	SECTION 16. AMENDMENT. Section 43-45-04 of the North Dakota Century Code is
	891	+	amended and reenacted as follows:
	892	+	43-45-04. Board power, duties, and authority.
	893	+	1.The board shall:
	894	+	a.Administer and enforce the provisions of this chapter and chapter 43 - 56 .
	895	+	b.Evaluate the qualifications of applicants for a license to practice addiction
	896	+	counseling and issue addiction counselor, licensed clinical addiction counselor,
	897	+	and masters addiction counselor licenses under this chapter 43 - 56 .
	898	+	c.Establish ethical standards of practice for a licensee to practice addiction
	899	+	counseling in this state.
	900	+	d.Establish continuing education requirements and approve providers of continuing
	901	+	education.
	902	+	e.Approve clinical training programs.
	903	+	f.Register clinical trainees and addiction counselor trainees.
	904	+	g.Register interns.
	905	+	h.Register clinical supervisors.
	906	+	i.Register licensees for private practice.
	907	+	j.Approve and administer examinations.
	908	+	k.Periodically evaluate initial licensure coursework requirements and clinical
	909	+	training requirements to ensure the requirements are up to date and do not serve
	910	+	as an undue barrier to licensure.
	911	+	2.The board may:
	912	+	a.Adopt rules under chapter 28-32 to implement this chapter and chapter 43 - 56 .
	913	+	b.Issue subpoenas, examine witnesses, and administer oaths, and may investigate
	914	+	allegations of practices violating the provisions of this chapter and chapter 43 - 56 .
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	948	+	c.Recommend prosecution for violations of this chapter and chapter 43 - 56 to the
	949	+	appropriate state's attorney.
	950	+	d.Recommend the attorney general bring civil actions to seek injunctive and other
	951	+	relief against violations of this chapter and chapter 43 - 56 .
	952	+	e.Collect fees for examinations, initial licensures, renewal of licenses, late
	953	+	renewals, private practice registrations, renewal of private practice registrations,
	954	+	approval of continuing education providers, and administrative fees. The fees
	955	+	must be established by rule in amounts necessary to compensate the board for
	956	+	administration and enforcement of this chapter and chapter 43 - 56 .
	957	+	f.Employ persons to assist the board in carrying out the board's duties under this
	958	+	chapter and chapter 43 - 56 .
	959	+	SECTION 17. AMENDMENT. Section 43-45-05.1 of the North Dakota Century Code is
	960	+	amended and reenacted as follows:
	961	+	43-45-05.1. Initial licenses - Licensure of applicant licensed in another jurisdiction.
	962	+	1.The board shall issue an initial license under chapter 43 - 56 as an addiction counselor,
	963	+	licensed clinical addiction counselor, or masters addiction counselor to an applicant
	964	+	who has met all of the following requirements:
	965	+	a.Successfully completed board-approved coursework at an accredited college or
	966	+	university.
	967	+	b.Successfully completed one or more oral or written examinations approved by
	968	+	the board for this purpose.
	969	+	c.Successfully completed a clinical training program approved by the board or
	970	+	accumulated experience as established by the board by rule.
	971	+	d.Satisfied to the board that the applicant agrees to adhere to the code of
	972	+	professional conduct adopted by the board.
	973	+	2.For the clinical training program or accumulated experience required of an intern
	974	+	seeking initial licensure, at least fifty percent of the required supervision must be
	975	+	provided by a supervising licensed addiction counselor, and the additional supervision
	976	+	may be with other professionals who are designated by the supervising addiction
	977	+	counselor, approved by the board, and competent in the area of practice being
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	1010	+	supervised. The other professional must be registered as a clinical supervisor by the
	1011	+	board that licenses the other professional.
	1012	+	3.The board may issue a license under chapter 43 - 56 to an applicant for licensure who
	1013	+	is in good standing as a licensed, approved, or certified addiction counselor, licensed
	1014	+	clinical addiction counselor, or masters addiction counselor under the laws of another
	1015	+	jurisdiction:
	1016	+	a.Upon satisfactory proof to the board the laws of the other jurisdiction impose at
	1017	+	least substantially the same requirements imposed under this chapter and
	1018	+	chapter 43 - 56 ; or
	1019	+	b.Upon a determination by the board the applicant possesses qualifications or
	1020	+	experiences in the practice of addiction counseling which are substantially similar
	1021	+	to the minimum requirements for licensure under this chapter and chapter 43 - 56 .
	1022	+	4.If the board denies a licensure application, the board shall notify the applicant in
	1023	+	writing of the reasons for denial and of the applicant's right to a hearing before the
	1024	+	board, under chapter 28-32, if a hearing is requested within thirty days.
	1025	+	SECTION 18. AMENDMENT. Subsection 2 of section 43-45-05.2 of the North Dakota
	1026	+	Century Code is amended and reenacted as follows:
	1027	+	2.The license issued by the board under the provisions of this chapter 43 - 56 must be
	1028	+	prominently displayed at the principal place of business where the licensee practices.
	1029	+	SECTION 19. AMENDMENT. Section 43-45-07.1 of the North Dakota Century Code is
	1030	+	amended and reenacted as follows:
	1031	+	43-45-07.1. Grounds for disciplinary proceedings.
	1032	+	1.The board may deny an application and may refuse to renew, suspend, revoke, or
	1033	+	place on probationary status any license issued under this chapter 43 - 56 on proof at a
	1034	+	hearing the applicant or holder of the license engaged in unprofessional conduct.
	1035	+	Unprofessional conduct includes:
	1036	+	a.Obtaining an initial license or renewal by means of fraud, misrepresentation, or
	1037	+	concealment of material facts.
	1038	+	b.Violating rules set by the board.
	1039	+	c.Violating a provision of this chapter or chapter 43 - 56 .
	1040	+	d.Violating the professional code of conduct as adopted by the board.
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	1074	+	e.Being adjudged guilty of an offense determined by the board to have a direct
	1075	+	bearing on an applicant's or holder of the license's ability to provide addiction
	1076	+	counseling to the public as a licensee or being adjudged guilty of any offense and
	1077	+	being insufficiently rehabilitated as determined by the board under section
	1078	+	12.1-33-02.1.
	1079	+	2.One year from the date of the revocation, a former licenseholder may make
	1080	+	application for initial licensure.
	1081	+	SECTION 20. AMENDMENT. Subsection 1 of section 43-45-07.2 of the North Dakota
	1082	+	Century Code is amended and reenacted as follows:
	1083	+	1.A person with knowledge of any conduct constituting grounds for discipline under this
	1084	+	chapter or chapter 43 - 56 may report the violation to the board.
	1085	+	SECTION 21. AMENDMENT. Subsection 1 of section 43-47-01 of the North Dakota
	1086	+	Century Code is amended and reenacted as follows:
	1087	+	1."Board" means the board of counselor examinerscomposite mental health licensing
	1088	+	board under chapter 43 - 56 .
	1089	+	SECTION 22. AMENDMENT. Section 43-47-03 of the North Dakota Century Code is
	1090	+	amended and reenacted as follows:
	1091	+	43-47-03. Duties and responsibilities of board.
	1092	+	In addition to the duties set forth elsewhere in this chapter and chapter 43 - 56 , the board
	1093	+	shall:
	1094	+	1.Publish an annual list of the names and addresses of all persons licensed under this
	1095	+	chapter 43 - 56 .
	1096	+	2.Approve and administer an examination for counselors.
	1097	+	3.Set, by rule, and collect a fee for the filing of each application for a license under this
	1098	+	chapter 43 - 56 and set, by rule, and collect a fee for the renewal of a license under this
	1099	+	chapter 43 - 56 .
	1100	+	4.Deposit and disburse all fees and moneys collected by the board in accordance with
	1101	+	section 54-44-12.
	1102	+	5.Establish continuing education requirements for license renewal.
	1103	+	6.5.Issue provisional or probationary licenses.
	1104	+	7.6.Establish a code of ethics for the practice of counseling.
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	1138	+	SECTION 23. AMENDMENT. Subsection 1 of section 43-47-06 of the North Dakota
	1139	+	Century Code is amended and reenacted as follows:
	1140	+	1.Except as otherwise provided in this chapter and chapter 43 - 56 , a personan individual
	1141	+	may not engage in counseling in this state unless that personindividual is a licensed
	1142	+	professional counselor or licensed associate professional counselor.
	1143	+	SECTION 24. AMENDMENT. Section 43-47-06.1 of the North Dakota Century Code is
	1144	+	amended and reenacted as follows:
	1145	+	43-47-06.1. Board may establish specialty licenses.
	1146	+	The board may provide a counselor specialty license to any licensed professional counselor
	1147	+	who meets the standards established by the board for that particular specialty. The board shall
	1148	+	adopt standards for specialty licenses equal to or greater than those established by the national
	1149	+	board of certified counselors, which governs the standards for particular specialties. The board
	1150	+	may not create a specialty license for which the scope of practice is defined under any other
	1151	+	chapter in this title.
	1152	+	SECTION 25. AMENDMENT. Section 43-47-06.3 of the North Dakota Century Code is
	1153	+	amended and reenacted as follows:
	1154	+	43-47-06.3. Criminal history record checks.
	1155	+	The board shallmay require an applicant for licensure under subsections 2, 3, and 4 of
	1156	+	section 43-47-06 and section 43-47-06.1chapter 43 - 56 to submit to a statewide and nationwide
	1157	+	criminal history record check and may require a licensee to submit to a statewide and
	1158	+	nationwide criminal history record check. The nationwide criminal history record check must be
	1159	+	conducted in the manner provided in section 12-60-24. All costs associated with obtaining a
	1160	+	background check are the responsibility of the applicant or licensee.
	1161	+	SECTION 26. AMENDMENT. Section 43-47-07 of the North Dakota Century Code is
	1162	+	amended and reenacted as follows:
	1163	+	43-47-07. Disciplinary proceedings.
	1164	+	The board may deny, refuse to renew, suspend, or revoke any license issued under this
	1165	+	chapter 43 - 56 upon finding by a preponderance of the evidence that the applicant or
	1166	+	licenseholder:
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	1198	+	1.Has been convicted of an offense determined by the board to have a direct bearing
	1199	+	upon the individual's ability to practice counseling and is not sufficiently rehabilitated
	1200	+	as determined by the board in accordance with section 12.1-33-02.1;
	1201	+	2.Has been grossly negligent in the practice of counseling and has injured a client or
	1202	+	other person to whom the individual owed a duty; or
	1203	+	3.Has violated any rule of the board.
	1204	+	SECTION 27. AMENDMENT. Section 43-47-07.1 of the North Dakota Century Code is
	1205	+	amended and reenacted as follows:
	1206	+	43-47-07.1. Costs of prosecution - Disciplinary proceedings.
	1207	+	The board may impose a fee against any personan individual subject to regulation under
	1208	+	this chapter and chapter 43 - 56 to reimburse the board for all or part of the costs of
	1209	+	administrative actions resulting in disciplinary action, including the amount paid by the board for
	1210	+	services from the office of administrative hearings, attorney's fees, court costs, witness fees,
	1211	+	staff time, and other expenses.
	1212	+	SECTION 28. AMENDMENT. Subsections 1 and 4 of section 43-47-08 of the North Dakota
	1213	+	Century Code are amended and reenacted as follows:
	1214	+	1.A personAn individual aggrieved by the actions of a counselor licensed under this
	1215	+	chapter 43 - 56 may file a written complaint with the board citing the specific allegations
	1216	+	of misconduct by the counselor. The board shall notify the counselor of the complaint
	1217	+	and require a written response from the counselor. Neither the initial complaint nor the
	1218	+	counselor's response is public record. The counselor's response must be made
	1219	+	available to the complainant.
	1220	+	4.After review of the complaint, the counselor's response, and information obtained in
	1221	+	the investigation, the board shall determine if there is a reasonable basis to believe
	1222	+	that the allegations are true and that the allegations constitute a violation of this
	1223	+	chapter, chapter 43 - 56, or the rules of the board. If the board determines that there is
	1224	+	a reasonable basis to believe that the allegations are true and that the allegations
	1225	+	constitute a violation of this chapter, chapter 43 - 56, or the rules of the board, the board
	1226	+	shall take appropriate action. If a reasonable basis is not found by the board, the
	1227	+	board shall so notify the complaining party and the counselor in writing.
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	1260	+	SECTION 29. AMENDMENT. Section 43-47-09 of the North Dakota Century Code is
	1261	+	amended and reenacted as follows:
	1262	+	43-47-09. Confidentiality.
	1263	+	Except as authorized by law, no personan individual licensed under this chapter 43 - 56 may
	1264	+	not be required to disclose any information acquired in rendering counseling services without
	1265	+	the consent of the personindividual who received the counseling services.
	1266	+	SECTION 30. AMENDMENT. Subsections 3 and 4 of section 43-53-01 of the North Dakota
	1267	+	Century Code are amended and reenacted as follows:
	1268	+	3."Board" means the North Dakota marriage and family therapy licensure
	1269	+	boardcomposite mental health licensing board under chapter 43 - 56 .
	1270	+	4."Licensed marriage and family therapist" means an individual who holds a valid
	1271	+	license issued under this chapter 43 - 56 .
	1272	+	SECTION 31. AMENDMENT. Section 43-53-02 of the North Dakota Century Code is
	1273	+	amended and reenacted as follows:
	1274	+	43-53-02. Representation to the public.
	1275	+	Effective January 1, 2006, except as specifically provided otherwise under this chapter
	1276	+	43 - 56 , only an individual licensed under this chapter 43 - 56 may use the title "marriage and
	1277	+	family therapist" or the abbreviations "MFT". A licensee shall display prominently the licensee's
	1278	+	license at the principal place of business of the licensee.
	1279	+	SECTION 32. AMENDMENT. Section 43-53-03 of the North Dakota Century Code is
	1280	+	amended and reenacted as follows:
	1281	+	43-53-03. Exemptions.
	1282	+	1.An individual is exempt from the requirements of this chapter and chapter 43 56 if:
	1283	+	a.The individual is practicing marriage and family therapy as part of that individual's
	1284	+	duties as an employee of a recognized academic institution or a governmental
	1285	+	institution or agency while performing those duties for which the individual is
	1286	+	employed by such a facility, institution, or agency.
	1287	+	b.The individual is a marriage and family therapy intern or individual preparing for
	1288	+	the practice of marriage and family therapy under qualified supervision in a
	1289	+	training institution or facility or supervisory arrangement recognized and
	1290	+	approved by the board if:
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	1324	+	(1)The individual is a student in a master's or doctorate program of marriage
	1325	+	and family therapy; and
	1326	+	(2)The individual is designated by a title such as "marriage and family therapy
	1327	+	intern", "marriage therapy intern", "family therapy intern", or other title clearly
	1328	+	indicating such training status.
	1329	+	c.The individual is a member of the clergy of any religious denomination and
	1330	+	providing services within the scope of ministerial duties.
	1331	+	d.The individual is a volunteer for or is employed by a nonprofit agency or
	1332	+	community organization and the individual does not hold out to the public that the
	1333	+	individual is a licensed marriage and family therapist.
	1334	+	2.This chapter doesand chapter 43 - 56 do not prevent any personan individual licensed
	1335	+	by the state from doing work within the standards and scope of practice of that
	1336	+	person'sindividual's profession, including the practice and advertising of marriage and
	1337	+	family therapy services.
	1338	+	SECTION 33. AMENDMENT. Section 43-53-05 of the North Dakota Century Code is
	1339	+	amended and reenacted as follows:
	1340	+	43-53-05. Board powers and duties.
	1341	+	1.The board shall administer and enforce this chapter. The board shall adopt rules as
	1342	+	the board determines necessary.
	1343	+	2.The board shall examine and pass on the qualifications of all applicants and shall
	1344	+	issue a license under chapter 43 - 56 to each successful applicant. The board shall
	1345	+	adopt a seal which must be affixed to all licenses issued by the board.
	1346	+	3.The board may authorize expenditures determined necessary to carry out this chapter.
	1347	+	4.Three of the members of the board constitute a quorum. The board may employ
	1348	+	attorneys, accountants, experts, and other employees as necessary for the proper
	1349	+	performance of the board's duties.
	1350	+	5.The board shall adopt a nationally recognized code of ethics for the practice of
	1351	+	marriage and family therapy.
	1352	+	6.4.The board shall establish continuing education requirements for license renewal.
	1353	+	7.5.The board shall publish an annual list of the names and addresses of all individuals
	1354	+	licensed under this chapter 43 - 56 .
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	1388	+	SECTION 34. AMENDMENT. Subsection 1 of section 43-53-06 of the North Dakota
	1389	+	Century Code is amended and reenacted as follows:
	1390	+	1.Each individual desiring to obtain a license as a practicing marriage and family
	1391	+	therapist shall submit an application to the board, upon such form and in such manner
	1392	+	as the board prescribes. An applicant shall furnish evidence that the applicant:
	1393	+	a.Is of good moral character;
	1394	+	b.Has not engaged in any practice or conduct that would be a ground for discipline
	1395	+	under this chapter or chapter 43 - 56 ; and
	1396	+	c.Is qualified for licensure pursuant to the requirements of this chapter and chapter
	1397	+	43 - 56 .
	1398	+	SECTION 35. AMENDMENT. Subsection 1 of section 43-53-07 of the North Dakota
	1399	+	Century Code is amended and reenacted as follows:
	1400	+	1.The board shall conduct an examination at least once a year at a time and place
	1401	+	designated by the board. Examinations may be written or oral as determined by the
	1402	+	board. The board may create its own examination or adopt a nationally recognized
	1403	+	examination. In any written examination each applicant must be designated so that the
	1404	+	applicant's name is not disclosed to the board until the examination has been graded.
	1405	+	Examinations must include questions in such theoretical and applied fields as the
	1406	+	board determines most suitable to test an applicant's knowledge and competence to
	1407	+	engage in the practice of marriage and family therapy. An applicant is deemed to have
	1408	+	passed an examination upon affirmative vote of at least four members of the board.
	1409	+	SECTION 36. AMENDMENT. Section 43-53-12 of the North Dakota Century Code is
	1410	+	amended and reenacted as follows:
	1411	+	43-53-12. Penalty.
	1412	+	Any personAn individual who practices without a license in violation of this chapter and
	1413	+	chapter 43 - 56 is guilty of a class B misdemeanor.
	1414	+	SECTION 37. Chapter 43-56 of the North Dakota Century Code is created and enacted as
	1415	+	follows:
	1416	+	43 - 56 - 01. Composite mental health licensing board - Creation and composition.
	1417	+	1.As used in this chapter, "board" means the composite mental health licensing board.
	1418	+	2.The governor shall appoint eleven members to the board consisting of:
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	1452	+	a.Two licensed psychologists;
	1453	+	b.Two licensed social workers;
	1454	+	c.Two licensed addiction counselors;
	1455	+	d.Two licensed professional counselors;
	1456	+	e.Two licensed marriage and family therapists; and
	1457	+	f.One peer support specialist.
	1458	+	3.All licensed board members must have at least three years of professional experience.
	1459	+	4.The governor shall appoint the board members to serve staggered terms. Members
	1460	+	initially appointed shall serve as follows:
	1461	+	a.Three members shall serve a term of one year;
	1462	+	b.Four members shall serve a term of two years; and
	1463	+	c.Four members shall serve a term of three years.
	1464	+	5.Following the initial appointments under subsection 3, all board appointments must be
	1465	+	for a term of three years.
	1466	+	6.Members may not serve more than two consecutive terms. A member may be eligible
	1467	+	to serve two additional terms after a one year break from service. Each board member
	1468	+	shall demonstrate service on the board does not pose a conflict of interest, as
	1469	+	determined by the board.
	1470	+	7.The governor may remove any board member for good cause following the:
	1471	+	a.Issuance of a written statement that specifies the basis for removal; and
	1472	+	b.Opportunity for a hearing.
	1473	+	43 - 56 - 02. Meetings and officers.
	1474	+	1.The board annually shall elect a chair, vice chair, and treasurer from its members. A
	1475	+	member may serve in a chair, vice chair, or treasurer capacity for multiple terms.
	1476	+	2.The board shall meet at least quarterly. Additional meetings may be called by the chair
	1477	+	or by a majority of the board members.
	1478	+	3.A majority of the members constitutes a quorum.
	1479	+	43 - 56 - 03. Board powers and duties.
	1480	+	1.The board shall:
	1481	+	a.Administer and enforce the provisions of this chapter and chapters 43 - 32, 43 - 41,
	1482	+	43 - 45, 43 - 47, and 43 - 53. If a provision of this chapter is interpreted to be
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	1516	+	inconsistent with a provision of chapter 43 - 32, 43 - 41, 43 - 45, 43 - 47, or 43 - 53, this
	1517	+	chapter controls.
	1518	+	b.Adopt rules to carry out this chapter and chapters 43 - 32, 43 41, 43 - 45, 43 - 47, and
	1519	+	43 - 53.
	1520	+	c.Investigate a complaint, subpoena a witness, conduct a hearing, and take
	1521	+	disciplinary action as necessary.
	1522	+	d.Hire or contract administrative staff or external administrators as necessary to
	1523	+	carry out duties.
	1524	+	e.Approve participation in interstate compacts for professional licensing, as
	1525	+	determined appropriate, to facilitate multi-state practice for licensees.
	1526	+	f.Deposit all funds collected into a single account managed by the board.
	1527	+	2.For each profession governed by the board, the board shall:
	1528	+	a.Issue licenses and certifications;
	1529	+	b.Establish continuing education requirements for license renewal;
	1530	+	c.Approve programs of study and clinical training necessary for licensure; and
	1531	+	d.Assess and collect application and service fees for licensing, examination,
	1532	+	certification, and other board activities.
	1533	+	3.The board shall maintain any funds and accounts as necessary to administer this
	1534	+	chapter and chapters 43 - 32, 43 - 41, 43 - 45, 43 - 47, and 43 - 53, in accordance with
	1535	+	section 54 - 44 - 12.
	1536	+	43 - 56 - 04. Licensing requirements.
	1537	+	1.An applicant for licensure shall, as prescribed by the board:
	1538	+	a.Submit an application for licensure or certification.
	1539	+	b.Demonstrate compliance with educational and clinical training requirements.
	1540	+	c.Comply with any applicable code of ethics and professional standards.
	1541	+	d.Comply with application and licensing requirements under this chapter and
	1542	+	chapter 43 - 32, 43 - 41, 43 - 45, 43 47, or 43 - 53, as applicable.
	1543	+	2.An applicant from another jurisdiction may apply for licensure by endorsement, as
	1544	+	prescribed by the board.
	1545	+	3.A license issued by the board must be reviewed biennially.
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	1576	+	30 Sixty-ninth
	1577	+	Legislative Assembly
	1578	+	4.A licensee must complete continuing education requirements, as prescribed by the
	1579	+	board.
	1580	+	43 - 56 - 05. Disciplinary actions.
	1581	+	1.The board may deny, suspend, revoke, or place conditions on a license for:
	1582	+	a.Fraud or misrepresentation in obtaining a license;
	1583	+	b.Violation of the profession's code of ethics or professional standards;
	1584	+	c.Criminal convictions related to the licensee's practice;
	1585	+	d.Violation of the requirements of this chapter or chapter 43 - 32, 43 - 41, 43 - 45,
	1586	+	43 - 47, or 43 - 53, as applicable; or
	1587	+	e.Failing to comply with a directive of the board.
	1588	+	2.The board shall ensure any disciplinary action provides due process to the licensee,
	1589	+	including notice and an opportunity for a hearing.
	1590	+	SECTION 38. REPEAL. Sections 43-32-02, 43-32-03, 43-32-04, 43-32-05, 43-32-06,
	1591	+	43-32-07, 43-32-08, 43-32-11, 43-32-13, 43-32-14, 43-41-08, 43-41-12, 43-45-02, 43-45-03,
	1592	+	43-45-05, 43-45-07, 43-47-02, 43-47-03.1, 43-47-06.2, and 43-53-04 of the North Dakota
	1593	+	Century Code are repealed.
	1594	+	SECTION 39. TRANSFER - COMPOSITE MENTAL HEALTH LICENSING BOARD FUND.
	1595	+	The office of management and budget shall transfer any moneys or balances remaining in the
	1596	+	funds or accounts maintained by the North Dakota state board of psychologist examiners, North
	1597	+	Dakota board of social work examiners, board of addiction counseling examiners, board of
	1598	+	counselor examiners, and North Dakota marriage and family therapy licensure board, to the
	1599	+	composite mental health licensing board fund on the effective date of this Act.
	1600	+	SECTION 40. APPLICATION. An individual licensed under chapter 43-32, 43-41, 43-45,
	1601	+	43-47, or 43-53, on the effective date of this Act, shall retain licensure without the need for initial
	1602	+	reapplication. A licensee shall follow renewal requirements, as determined by the board, and
	1603	+	consistent with the provisions of this Act.
	1604	+	Page No. 26 25.1301.01000
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