§ 43-05-16.3 — Powers of the board - Podiatrist cooperation

North Dakota § 43-05-16.3

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-05: Podiatrists

Text

1. In investigating a podiatrist under this section, the board may subpoena the podiatrist
and medical records relating to the practice of the podiatrist under investigation. The

confidentiality of the subpoenaed records under any other law does not affect the
validity of the board's subpoena nor the admissibility of the records in board
proceedings; however, the proceedings and records of the board which are exempt
from subpoena, discovery, or introduction into evidence under chapter 23-34 are not
subject to this subsection. Records of the board which are medical records
subpoenaed under this subsection are confidential.
2. A podiatrist or applicant for license under this chapter who is the subject of an
investigation by the board shall cooperate fully with the investigation. Cooperation
includes responding fully and promptly to any question raised by the board relating to
the subject of the investigation and providing copies of patient medical records or other
documentation to assist the board in its investigation. The board shall pay for the
copies requested. Except in the case of subpoenaed records, if the board does not
have written consent from a patient permitting access to the patient's records, the
podiatrist or applicant for license shall delete any data in the record that identifies the
patient before providing the record to the board.
3. The board may subpoena witnesses relating to the practice of any podiatrist under
investigation.
4. The board may employ independent investigators when necessary.
5. The board may hold confidential conferences with any complainant or podiatrist with
respect to any complaint.
6. If the board determines a violation of section 43-05-16 may have occurred, the board
may issue a formal complaint against a licensed podiatrist.