43-17 Physicians and Surgeons

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CHAPTER 43-17PHYSICIANS AND SURGEONS43-17-01. Definitions.1."Board" means the state board of medical examiners.2."Physician" includes physician and surgeon (M.D.) and osteopathic physician and surgeon (D.O.).3."Practice of medicine" includes the practice of medicine, surgery, and obstetrics. The following persons must be regarded as practicing medicine:a.One who holds out to the public as being engaged within this state in the diagnosis or treatment of diseases or injuries of human beings.b.One who suggests, recommends, or prescribes any form of treatment for the intended relief or cure of any physical or mental ailment of any person, with the intention of receiving, directly or indirectly, any fee, gift, or compensation.c.One who maintains an office for the examination or treatment of persons afflicted with disease or injury of the body or mind.d.One who attaches the title M.D., surgeon, doctor, D.O., osteopathic physician and surgeon, or any other similar word or words or abbreviation to the person's name, indicating that the person is engaged in the treatment or diagnosis of the diseases or injuries of human beings must be held to be engaged in the practice of medicine.43-17-02. Persons exempt from the provisions of chapter. The provisions of thischapter do not apply to the following:1.Students of medicine or osteopathy who are continuing their training and performing the duties of a resident in any hospital or institution maintained and operated by the state, an agency of the federal government, or in any residency program accredited by the accreditation council on graduate medical education, provided that the state board of medical examiners may adopt rules relating to the licensure, fees, qualifications, activities, scope of practice, and discipline of such persons.2.The domestic administration of family remedies.3.Dentists practicing their profession when properly licensed.4.Optometrists practicing their profession when properly licensed.5.The practice of christian science or other religious tenets or religious rules or ceremonies as a form of religious worship, devotion, or healing, if the person administering, making use of, assisting in, or prescribing, such religious worship, devotion, or healing does not prescribe or administer drugs or medicines and does not perform surgical or physical operations, and if the person does not hold out to be a physician or surgeon.6.Commissioned medical officers of the armed forces of the United States, the United States public health service, and medical officers of the veterans administration of the United States, in the discharge of their official duties, and licensed physicians from other states or territories if called in consultation with a person licensed to practice medicine in this state.Page No. 17.Doctors of chiropractic duly licensed to practice in this state pursuant to the statutes regulating such profession.8.Podiatrists practicing their profession when properly licensed.9.Any person rendering services as a physician assistant, if such service is rendered under the supervision, control, and responsibility of a licensed physician. However, sections 43-17-02.1 and 43-17-02.2 do apply to physician assistants.The stateboard of medical examiners shall prescribe rules governing the conduct, licensure, fees, qualifications, discipline, activities, and supervision of physician assistants. Physician assistants may not be authorized to perform any services which must be performed by persons licensed pursuant to chapters 43-12.1, 43-13, 43-15, and 43-28 or services otherwise regulated by licensing laws, notwithstanding the fact that medical doctors need not be licensed specifically to perform the services contemplated under such chapters or licensing laws.10.A nurse practicing the nurse's profession when properly licensed by the North Dakota board of nursing.11.A person rendering fluoroscopy services as a radiologic technologist if the service is rendered under the supervision, control, and responsibility of a licensed physician and provided that the state board of medical examiners prescribes rules governing the conduct, permits, fees, qualifications, activities, discipline, and supervision of radiologic technologists who provide those services.43-17-02.1.Physician assistant - Limitations on prescribing drugs.A physicianassistant may prescribe medications as delegated to do so by a supervising physician. This may include schedule II through V controlled substances. A physician assistant who is a delegated prescriber of controlled substances must register with the federal drug enforcement administration.43-17-02.2.Use of certain words or initials prohibited.The terms "physicianassistant" and "certified physician assistant" and the initials "PA-C" may only be used to identify a person who has been issued a certificate of qualification by the board of medical examiners. A person who uses those terms or initials as identification without having received a certificate of qualification is engaging in the practice of medicine without a license.43-17-02.3.Practice of medicine or osteopathy by holder of permanent,unrestricted license. Notwithstanding anything in this chapter to the contrary, any physician who is the holder of a permanent, unrestricted license to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia, or a province of Canada may practice medicine or osteopathy in this state without first obtaining a license from the state board of medical examiners under one or more of the following circumstances:1.As a member of an organ harvest team;2.On board an air ambulance and as a part of its treatment team;3.To provide one-time consultation or teaching assistance for a period of not more than twenty-four hours; or4.To provide consultation or teaching assistance previously approved by the board for charitable organizations.43-17-03. State board of medical examiners - How appointed - Qualifications.1.The governor shall appoint a state board of medical examiners consisting of twelve members, nine of whom are doctors of medicine, one of whom is a doctor of osteopathy, and two of whom are designated as public members. If no osteopathicPage No. 2physician is qualified and willing to serve, any qualified physician may be appointed in place of the osteopathic physician.2.Each physician member must:a.Be a practicing physician of integrity and ability.b.Be a resident of and duly licensed to practice medicine in this state.c.Be a graduate of a medical or osteopathic school of high educational requirements and standing.d.Have been engaged in the active practice of the physician's profession within this state for a period of at least five years.3.Each public member of the board must:a.Be a resident of this state.b.Be at least twenty-one years of age.c.Not be affiliated with any group or profession that provides or regulates health care in any form.4.A person appointed to the board shall qualify by taking the oath required of civil officers.43-17-04. Term of office. The term of office of each member of the board is four yearsand until a successor is appointed and qualified. The terms must be so arranged that no more than four terms expire on the thirty-first of July of each year. The governor shall fill all vacancies by appointment but in case of a vacancy before the expiration of a term, the appointment must be for the residue of the term only. No member of the board may serve thereon for more than two successive terms.43-17-05. Removal of members of state board of medical examiners - Reelection.The governor for good cause shown and upon the recommendation of three-fourths of the members of the board may remove any member of such board for misconduct, incapacity, or neglect of duty.43-17-06. Officers of the board. The board shall elect a president and vice presidentfrom its own number and a secretary-treasurer. The secretary-treasurer need not be a member of the board. The secretary-treasurer must be the general administrative and prosecuting officer of such board.43-17-07. Meetings of the board. The board shall hold at least three meetings in eachcalendar year for the examination of applicants for licensure, and may call such special meetings as may be necessary. The meetings must be held at such places as the board may designate.43-17-07.1.Powers of the board of medical examiners.In addition to any otherpowers, the board may:1.Employ or contract with one or more organizations or agencies known to provide acceptable examinations for the preparation and scoring of required examinations relating to physician licensure, and employ or contract with one or more organizations or agencies known to provide acceptable examination services for the administration of the required examination.2.Prescribe the time, place, method, manner, scope, and subject of examination.Page No. 33.Impose sanctions, deny licensure, levy fines, or seek appropriate civil or criminal penalties against anyone who violates or attempts to violate examination security, anyone who obtains or attempts to obtain licensure by fraud or deception, and anyone who knowingly assists in that type of activity.4.Require information on an applicant's or licensee's fitness, qualifications, and previous professional record and performance from recognized data sources, including the federation of state medical boards action data bank, other data repositories, licensing and disciplinary authorities of other jurisdictions, professional education and training institutions, liability insurers, health care institutions, and law enforcement agencies be reported to the board.The board or its investigativepanels may require an applicant for licensure or a licensee who is the subject of a disciplinary investigation to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24. All costs associated with the criminal history record check are the responsibility of the licensee or applicant.5.Require the self-reporting by an applicant or a licensee of any information the board determines may indicate possible deficiencies in practice, performance, fitness, or qualifications.6.Establish a mechanism for dealing with a licensee who abuses or is dependent upon or addicted to alcohol or other addictive chemical substances, to enter an agreement, at its discretion, with a professional organization whose relevant procedures and techniques it has evaluated and approved for the organization's cooperation or participation.7.Issue a cease and desist order, obtain a court order, or an injunction to halt unlicensed practice, a violation of this chapter, or a violation of the rules of the board.8.Issue a conditional, restricted, or otherwise circumscribed license as it determines necessary.43-17-07.2. Conflict of interest. A member of the board, acting in that capacity or as amember of any committee of the board, may not participate in the making of any decision or the taking of any action affecting that member's personal, professional, or pecuniary interest, or that of a known relative or business or professional associate.43-17-08.Power of board to administer oaths - Summon witnesses - Taketestimony. Repealed by S.L. 1987, ch. 525, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

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43-17 Physicians and Surgeons