North Dakota § 43-13-26.1 Impaired optometrists

North Dakota Statutes

§ 43-13-26.1 — Impaired optometrists

North Dakota § 43-13-26.1

Title 43Occupations and Professions

Ch. 43-13Optometrists

This text of North Dakota § 43-13-26.1 (Impaired optometrists) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 43-13-26.1 (2026).

Text

After a hearing conducted pursuant to chapter 28-32, the board may restrict, suspend, or revoke the license of any licensed optometrist whose mental or physical ability to practice optometry with reasonable skill and safety is impaired.

1.For the purpose of this section, "impairment" means the inability of a licensee to practice optometry with reasonable skill and safety by reason of:

a.Mental illness; or

b.Physical illness, including physical deterioration that adversely affects cognitive, motor, or perceptive skills.

2.The board may, upon probable cause, require a licensee or applicant to submit to a mental or physical examination by appropriate health care providers designated by the board. The results of the examination are admissible in any hearing, despite any claim of privilege

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After a hearing conducted pursuant to chapter 28-32, the board may restrict, suspend, or
revoke the license of any licensed optometrist whose mental or physical ability to practice
optometry with reasonable skill and safety is impaired.
1. For the purpose of this section, "impairment" means the inability of a licensee to
practice optometry with reasonable skill and safety by reason of:
a. Mental illness; or
b. Physical illness, including physical deterioration that adversely affects cognitive,
motor, or perceptive skills.
2. The board may, upon probable cause, require a licensee or applicant to submit to a
mental or physical examination by appropriate health care providers designated by the
board. The results of the examination are admissible in any hearing, despite any claim
of privilege under any contrary rule or statute. Every person who receives a license to
practice optometry or who files an application for a license to practice optometry is
deemed to have given consent to submit to the admissibility of the results in any
hearing. If a licensee or applicant fails to submit to an examination when properly
directed to do so by the board, unless the failure was due to circumstances deemed to

be beyond the licensee's control, the board may enter a final disciplinary order upon
proper notice, hearing, and proof of such refusal.
3. If the board finds, after examination and administrative hearing, that a licensee is
impaired, it may take one or more of the following actions:
a. Direct the licensee to submit to care, counseling, or treatment acceptable to the
board; and
b. Suspend, limit, or restrict the optometrist's license for the duration of the
impairment.
4. Any licensee or applicant who is prohibited from practicing optometry under this
section must be afforded an opportunity, at reasonable intervals, to demonstrate to the
satisfaction of the board that the licensee or applicant can resume or begin the
practice of optometry with reasonable skill and safety. Licensure may not be reinstated
without the payment of the current license fee and may be subject to such reasonable
restrictions as may be imposed by the board.