Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2395
(Senator Hogue)
AN ACT to create and enact a new chapter to title 43 of the North Dakota Century Code, relating to
universal licensure and board operations.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new chapter to title 43 of the North Dakota Century Code is created and enacted as
follows:
Definitions.
As used in this chapter:
1."Applicant" means an individual who has submitted a completed application, including all
documentation and fees necessary for the board to consider licensing the individual.
2."Application" means the process and all required documentation necessary for the board to
consider licensure of the applicant.
3."Board" means a board, commission, or other agency of state government, excluding the
secretary of state, created or identified in this title to regulate a particular occupation or
profession, the education standards and practices board, and the state board of law
examiners.
4."Effective interstate compact" means the minimum number of states necessary for the
interstate compact to become operative have enacted the interstate compact.
5."Interstate compact" means a legislative enactment to recognize and facilitate the portability of
occupational licenses across state lines.
6."License" means the authorization by a board or the supreme court to practice an occupation
or profession under state law or any other authority by which individuals are licensed in the
state.
7."Occupation or profession" means activity for which a license is required from a board or the
supreme court or similar activity for which a license is required in another state or jurisdiction.
8."Out-of-state licensee" means an individual who holds a license, certificate, permit, or similar
authorization to practice an occupation or profession, which is issued by a government agency
in another state or jurisdiction in the United States which imposes requirements for obtaining
and maintaining the license, certificate, or permit, which are comparable to the requirements
imposed in this state to obtain and maintain a license to practice the same profession or
occupation.
9."Routine application" means an application that meets all the requirements for licensure with
no derogatory or adverse information in the application.
Universal licensure.
1.Unless the board is part of an effective interstate compact, an executed license transfer,
existing interstate mobility, or reciprocity agreement with another state, a board shall issue a
license to an out-of-state licensee applicant to practice in this state if, upon application to the
board, the applicant: S. B. NO. 2395 - PAGE 2
a.Actively has used the license for two of the three years immediately preceding submitting
an application under this section;
b.Provides or demonstrates competency and education in the profession or occupation
through methods determined by the board;
c.Has not committed any act that constitutes grounds for refusal, suspension, or revocation
of a license to practice that profession or occupation in this state unless the board
determines, in its discretion, the act is not an impediment to the granting of a license to
practice in this state;
d.Has not been disciplined in any jurisdiction in which the individual has held a license
within the last ten years;
e.Is not under an active investigation by another licensing or disciplinary authority or law
enforcement authority in a state, federal, or foreign jurisdiction;
f.Submits to a state and federal criminal background check, paid for by the applicant, and
conducted in the manner provided under section 12 - 60 - 24 if required by the board and
the board has statutory authority to repeat the background check; and
g.Pays the fees established by the board.
2.Subdivision f of subsection 1 does not apply to the state board of law examiners, which may
conduct a character and fitness investigation.
Board operations.
1.A board shall issue a license within ten business days to an individual who submits a
complete, unencumbered, routine application. This section does not apply to processing
applications through an effective interstate compact or an executed license transfer
agreement. Boards subject to an effective interstate compact shall issue a license in a timely
manner.
2.A board may grant authority to staff or selected board members to issue a provisional or
temporary license between board meetings to an applicant seeking permanent state licensure
if the application is routine, complete, and meets all the requirements for licensure. To the
extent this provision conflicts with any existing limitations on such delegated authority, this
provision supersedes those limitations.
3.The licensing application form must be made available electronically.
4.As part of a complete application, a board may require an individual seeking licensure in this
state to pass a jurisprudence examination on North Dakota law applicable to the licensed
profession. If the examination is a requirement for licensure, and the examination is
administered by the board, the examination must be made available at least once per month.
The board may adopt limits on examination attempts.
5.By July thirty-first of 2026 and 2027, on forms developed by the department of labor and
human rights, each board shall report to the labor commissioner data on the number of
licenses granted, number of licenses denied, number of licenses that were not issued within
the ten-day timeline, and reason for the delay for licenses issued after the ten-day timeline.
6.Unless already a member of an effective interstate compact, a board shall annually review
available interstate compacts in professions it regulates to determine whether joining the
interstate compact would be in the best interest of the profession and state, giving
consideration to workforce shortages and evolving trends in occupation licensure and
technology. The review must be noted clearly in the board's agenda and meeting minutes and
the board must provide the labor commissioner with a copy of the considered compact and the S. B. NO. 2395 - PAGE 3
board's reason for determining that entering the interstate compact was not in the best
interests of the profession.
7.A board may contract with an entity, another board, or an individual to obtain administrative
and support services to assist in the operation of the board.
8.Unless otherwise specifically authorized by other laws, rules of the board, or national
standards to practice, all continuing education requirements for licensure renewal must
include the ability to complete all required continuing education hours by virtual or remote
means.
9.A board may assist in providing education or resources for a licensee or an individual
interested in pursuing the regulated occupation or profession.
10.Unless otherwise provided by law, the governor shall appoint members of a board and may
remove members for cause, misconduct, incapacity, or neglect of duty. After expiration of a
term, a board member may continue to serve until the governor makes an appointment to fill
the position.
11.An applicant aggrieved by a licensure delay first shall try to resolve the matter with the board.
If the matter cannot be resolved, the applicant may bring the matter to the office of the
governor. Each board shall provide information on its website or initial licensure application
regarding how to contact the office of the governor if a matter between the applicant and the
board cannot be resolved. S. B. NO. 2395 - PAGE 4
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2395.
Senate Vote:Yeas 45 Nays 1 Absent 1
House Vote: Yeas 89 Nays 2 Absent 3
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State