§ 43-17-31 — Grounds for disciplinary action

North Dakota § 43-17-31

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-17: Physicians, Resident Physicians, and Physician Assistants

Text

1. Disciplinary action may be imposed against a physician upon any of the following
grounds:
a. The use of any false, fraudulent, or forged statement or document, or the use of
any fraudulent, deceitful, dishonest, or immoral practice, in connection with any of
the licensing requirements.
b. The making of false or misleading statements about the physician's skill or the
efficacy of any medicine, treatment, or remedy.

c. The conviction of any misdemeanor determined by the board to have a direct
bearing upon a person's ability to serve the public as a practitioner of medicine or
any felony. A license may not be withheld contrary to the provisions of
chapter 12.1-33.
d. Use of alcohol or drugs to such a degree as to interfere with the licensee's ability
to safely practice medicine.
e. Physical or mental disability materially affecting the ability to perform the duties of
a physician in a competent manner.
f. The performance of any dishonorable, unethical, or unprofessional conduct likely
to deceive, defraud, or harm the public.
g. Obtaining any fee by fraud, deceit, or misrepresentation.
h. Aiding or abetting the practice of medicine by an unlicensed, incompetent, or
impaired person.
i. The violation of any provision of a medical practice act or the rules and
regulations of the board, or any action, stipulation, condition, or agreement
imposed by the board or its investigative panels.
j. The practice of medicine under a false or assumed name.
k. The advertising for the practice of medicine in an untrue or deceptive manner.
l. The representation to a patient that a manifestly incurable condition, sickness,
disease, or injury can be cured.
m. The willful or negligent violation of the confidentiality between physician and
patient, except as required by law.
n. The failure of a doctor of osteopathy to designate that person's school of practice
in the professional use of that person's name by such terms as "osteopathic
physician and surgeon", "doctor of osteopathy", "D.O.", or similar terms.
o. Gross negligence in the practice of medicine.
p. Sexual abuse, misconduct, or exploitation related to the licensee's practice of
medicine.
q. The prescription, sale, administration, distribution, or gift of any drug legally
classified as a controlled substance or as an addictive or dangerous drug for
other than medically accepted therapeutic purposes.
r. The payment or receipt, directly or indirectly, of any fee, commission, rebate, or
other compensation for medical services not actually or personally rendered, or
for patient referrals; this prohibition does not affect the lawful distributions of
professional partnerships, corporations, limited liability companies, or
associations.
s. The failure to comply with the reporting requirements of section 43-17.1-05.1.
t. The failure to transfer medical records to another physician or to supply copies of
those records to the patient or to the patient's representative when requested to
do so by the patient or the patient's designated representative, except if the
disclosure is otherwise limited or prohibited by law. A reasonable charge for
record copies may be assessed.
u. A continued pattern of inappropriate care as a physician, including unnecessary
surgery.
v. The use of any false, fraudulent, or deceptive statement in any document
connected with the practice of medicine.
w. The prescribing, selling, administering, distributing, or giving to oneself or to one's
spouse or child any drug legally classified as a controlled substance or
recognized as an addictive or dangerous drug.
x. The violation of any state or federal statute or regulation relating to controlled
substances.
y. The imposition by another state or jurisdiction of disciplinary action against a
license or other authorization to practice medicine based upon acts or conduct by
the physician that would constitute grounds for disciplinary action as set forth in
this section. A certified copy of the record of the action taken by the other state or
jurisdiction is conclusive evidence of that action.

z. The lack of appropriate documentation in medical records for diagnosis, testing,
and treatment of patients.
aa. The failure to furnish the board or the investigative panel, their investigators, or
representatives information legally requested by the board or the investigative
panel.
bb. Noncompliance with the physician health program established under chapter
43-17.3.
2. The board shall keep a record of all of its proceedings in the matter of suspending,
revoking, or refusing licenses together with the evidence offered.