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North Dakota Senate Bill SB2395

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2395 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2395
4-(Senator Hogue)
5-AN ACT to create and enact a new chapter to title 43 of the North Dakota Century Code, relating to
6-universal licensure and board operations.
1+25.1374.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senator Hogue
7+A BILL for an Act to create and enact a new chapter to title 43 of the North Dakota Century
8+Code, relating to universal licensure and board operations.
79 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8-SECTION 1. A new chapter to title 43 of the North Dakota Century Code is created and enacted as
9-follows:
10+SECTION 1. A new chapter to title 43 of the North Dakota Century Code is created and
11+enacted as follows:
1012 Definitions.
1113 As used in this chapter:
12-1."Applicant" means an individual who has submitted a completed application, including all
13-documentation and fees necessary for the board to consider licensing the individual.
14-2."Application" means the process and all required documentation necessary for the board to
15-consider licensure of the applicant.
16-3."Board" means a board, commission, or other agency of state government, excluding the
17-secretary of state, created or identified in this title to regulate a particular occupation or
18-profession, the education standards and practices board, and the state board of law
19-examiners.
14+1."Applicant" means an individual who has submitted a completed application, including
15+all documentation and fees necessary for the board to consider licensing the
16+individual.
17+2."Application" means the process and all required documentation necessary for the
18+board to consider licensure of the applicant.
19+3."Board" means a board, commission, or other agency of state government, excluding
20+the secretary of state, created or identified in this title to regulate a particular
21+occupation or profession, the education standards and practices board, and the state
22+board of law examiners.
2023 4."Effective interstate compact" means the minimum number of states necessary for the
2124 interstate compact to become operative have enacted the interstate compact.
22-5."Interstate compact" means a legislative enactment to recognize and facilitate the portability of
23-occupational licenses across state lines.
24-6."License" means the authorization by a board or the supreme court to practice an occupation
25-or profession under state law or any other authority by which individuals are licensed in the
26-state.
27-7."Occupation or profession" means activity for which a license is required from a board or the
28-supreme court or similar activity for which a license is required in another state or jurisdiction.
29-8."Out-of-state licensee" means an individual who holds a license, certificate, permit, or similar
30-authorization to practice an occupation or profession, which is issued by a government agency
31-in another state or jurisdiction in the United States which imposes requirements for obtaining
32-and maintaining the license, certificate, or permit, which are comparable to the requirements
33-imposed in this state to obtain and maintain a license to practice the same profession or
34-occupation.
35-9."Routine application" means an application that meets all the requirements for licensure with
36-no derogatory or adverse information in the application.
25+5."Interstate compact" means a legislative enactment to recognize and facilitate the
26+portability of occupational licenses across state lines.
27+Page No. 1 25.1374.02000
28+ENGROSSED SENATE BILL NO. 2395
29+FIRST ENGROSSMENT
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51+6."License" means the authorization by a board or the supreme court to practice an
52+occupation or profession under state law or any other authority by which individuals
53+are licensed in the state.
54+7."Occupation or profession" means activity for which a license is required from a board
55+or the supreme court or similar activity for which a license is required in another state
56+or jurisdiction.
57+8."Out-of-state licensee" means an individual who holds a license, certificate, permit, or
58+similar authorization to practice an occupation or profession, which is issued by a
59+government agency in another state or jurisdiction in the United States which imposes
60+requirements for obtaining and maintaining the license, certificate, or permit, which are
61+comparable to the requirements imposed in this state to obtain and maintain a license
62+to practice the same profession or occupation.
63+9."Routine application" means an application that meets all the requirements for
64+licensure with no derogatory or adverse information in the application.
3765 Universal licensure.
38-1.Unless the board is part of an effective interstate compact, an executed license transfer,
39-existing interstate mobility, or reciprocity agreement with another state, a board shall issue a
40-license to an out-of-state licensee applicant to practice in this state if, upon application to the
41-board, the applicant: S. B. NO. 2395 - PAGE 2
42-a.Actively has used the license for two of the three years immediately preceding submitting
43-an application under this section;
44-b.Provides or demonstrates competency and education in the profession or occupation
45-through methods determined by the board;
46-c.Has not committed any act that constitutes grounds for refusal, suspension, or revocation
47-of a license to practice that profession or occupation in this state unless the board
48-determines, in its discretion, the act is not an impediment to the granting of a license to
49-practice in this state;
50-d.Has not been disciplined in any jurisdiction in which the individual has held a license
51-within the last ten years;
52-e.Is not under an active investigation by another licensing or disciplinary authority or law
53-enforcement authority in a state, federal, or foreign jurisdiction;
54-f.Submits to a state and federal criminal background check, paid for by the applicant, and
55-conducted in the manner provided under section 12 - 60 - 24 if required by the board and
56-the board has statutory authority to repeat the background check; and
66+1.Unless the board is part of an effective interstate compact, an executed license
67+transfer, existing interstate mobility, or reciprocity agreement with another state, a
68+board shall issue a license to an out-of-state licensee applicant to practice in this state
69+if, upon application to the board, the applicant:
70+a.Actively has used the license for two of the three years immediately preceding
71+submitting an application under this section;
72+b.Provides or demonstrates competency and education in the profession or
73+occupation through methods determined by the board ;
74+c.Has not committed any act that constitutes grounds for refusal, suspension, or
75+revocation of a license to practice that profession or occupation in this state
76+unless the board determines, in its discretion, the act is not an impediment to the
77+granting of a license to practice in this state;
78+d.Has not been disciplined in any jurisdiction in which the individual has held a
79+license within the last ten years;
80+e.Is not under an active investigation by another licensing or disciplinary authority
81+or law enforcement authority in a state, federal, or foreign jurisdiction;
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115+f.Submits to a state and federal criminal background check, paid for by the
116+applicant, and conducted in the manner provided under section 12 - 60 - 24 if
117+required by the board and the board has statutory authority to repeat the
118+background check; and
57119 g.Pays the fees established by the board.
58-2.Subdivision f of subsection 1 does not apply to the state board of law examiners, which may
59-conduct a character and fitness investigation.
120+2.Subdivision f of subsection 1 does not apply to the state board of law examiners,
121+which may conduct a character and fitness investigation.
60122 Board operations.
61123 1.A board shall issue a license within ten business days to an individual who submits a
62-complete, unencumbered, routine application. This section does not apply to processing
63-applications through an effective interstate compact or an executed license transfer
64-agreement. Boards subject to an effective interstate compact shall issue a license in a timely
65-manner.
66-2.A board may grant authority to staff or selected board members to issue a provisional or
67-temporary license between board meetings to an applicant seeking permanent state licensure
68-if the application is routine, complete, and meets all the requirements for licensure. To the
69-extent this provision conflicts with any existing limitations on such delegated authority, this
70-provision supersedes those limitations.
124+complete, unencumbered, routine application. This section does not apply to
125+processing applications through an effective interstate compact or an executed license
126+transfer agreement. Boards subject to an effective interstate compact shall issue a
127+license in a timely manner.
128+2.A board may grant authority to staff or selected board members to issue a provisional
129+or temporary license between board meetings to an applicant seeking permanent state
130+licensure if the application is routine, complete, and meets all the requirements for
131+licensure. To the extent this provision conflicts with any existing limitations on such
132+delegated authority, this provision supersedes those limitations.
71133 3.The licensing application form must be made available electronically.
72-4.As part of a complete application, a board may require an individual seeking licensure in this
73-state to pass a jurisprudence examination on North Dakota law applicable to the licensed
74-profession. If the examination is a requirement for licensure, and the examination is
75-administered by the board, the examination must be made available at least once per month.
76-The board may adopt limits on examination attempts.
77-5.By July thirty-first of 2026 and 2027, on forms developed by the department of labor and
78-human rights, each board shall report to the labor commissioner data on the number of
79-licenses granted, number of licenses denied, number of licenses that were not issued within
80-the ten-day timeline, and reason for the delay for licenses issued after the ten-day timeline.
81-6.Unless already a member of an effective interstate compact, a board shall annually review
82-available interstate compacts in professions it regulates to determine whether joining the
83-interstate compact would be in the best interest of the profession and state, giving
84-consideration to workforce shortages and evolving trends in occupation licensure and
85-technology. The review must be noted clearly in the board's agenda and meeting minutes and
86-the board must provide the labor commissioner with a copy of the considered compact and the S. B. NO. 2395 - PAGE 3
87-board's reason for determining that entering the interstate compact was not in the best
88-interests of the profession.
89-7.A board may contract with an entity, another board, or an individual to obtain administrative
90-and support services to assist in the operation of the board.
134+4.As part of a complete application, a board may require an individual seeking licensure
135+in this state to pass a jurisprudence examination on North Dakota law applicable to the
136+licensed profession. If the examination is a requirement for licensure, and the
137+examination is administered by the board, the examination must be made available at
138+least once per month. The board may adopt limits on examination attempts.
139+5.By July thirty-first of 2026 and 2027, on forms developed by the department of labor
140+and human rights, each board shall report to the labor commissioner data on the
141+number of licenses granted, number of licenses denied, number of licenses that were
142+not issued within the ten-day timeline, and reason for the delay for licenses issued
143+after the ten-day timeline.
144+6.Unless already a member of an effective interstate compact, a board shall annually
145+review available interstate compacts in professions it regulates to determine whether
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179+joining the interstate compact would be in the best interest of the profession and state,
180+giving consideration to workforce shortages and evolving trends in occupation
181+licensure and technology. The review must be noted clearly in the board's agenda and
182+meeting minutes and the board must provide the labor commissioner with a copy of
183+the considered compact and the board's reason for determining that entering the
184+interstate compact was not in the best interests of the profession.
185+7.A board may contract with an entity, another board, or an individual to obtain
186+administrative and support services to assist in the operation of the board.
91187 8.Unless otherwise specifically authorized by other laws , rules of the board, or national
92-standards to practice, all continuing education requirements for licensure renewal must
93-include the ability to complete all required continuing education hours by virtual or remote
94-means.
188+standards to practice, all continuing education requirements for licensure renewal
189+must include the ability to complete all required continuing education hours by virtual
190+or remote means.
95191 9.A board may assist in providing education or resources for a licensee or an individual
96192 interested in pursuing the regulated occupation or profession.
97-10.Unless otherwise provided by law, the governor shall appoint members of a board and may
98-remove members for cause, misconduct, incapacity, or neglect of duty. After expiration of a
99-term, a board member may continue to serve until the governor makes an appointment to fill
100-the position.
101-11.An applicant aggrieved by a licensure delay first shall try to resolve the matter with the board.
102-If the matter cannot be resolved, the applicant may bring the matter to the office of the
103-governor. Each board shall provide information on its website or initial licensure application
104-regarding how to contact the office of the governor if a matter between the applicant and the
105-board cannot be resolved. S. B. NO. 2395 - PAGE 4
106-____________________________ ____________________________
107-President of the Senate Speaker of the House
108-____________________________ ____________________________
109-Secretary of the Senate Chief Clerk of the House
110-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
111-Dakota and is known on the records of that body as Senate Bill No. 2395.
112-Senate Vote:Yeas 45 Nays 1 Absent 1
113-House Vote: Yeas 89 Nays 2 Absent 3
114-____________________________
115-Secretary of the Senate
116-Received by the Governor at ________M. on _____________________________________, 2025.
117-Approved at ________M. on __________________________________________________, 2025.
118-____________________________
119-Governor
120-Filed in this office this ___________day of _______________________________________, 2025,
121-at ________ o’clock ________M.
122-____________________________
123-Secretary of State
193+10.Unless otherwise provided by law, the governor shall appoint members of a board and
194+may remove members for cause, misconduct, incapacity, or neglect of duty. After
195+expiration of a term, a board member may continue to serve until the governor makes
196+an appointment to fill the position.
197+11.An applicant aggrieved by a licensure delay first shall try to resolve the matter with the
198+board. If the matter cannot be resolved, the applicant may bring the matter to the office
199+of the governor. Each board shall provide information on its website or initial licensure
200+application regarding how to contact the office of the governor if a matter between the
201+applicant and the board cannot be resolved.
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