§ 43-17.1-05 — Complaints

North Dakota § 43-17.1-05

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-17.1: Board of Medicine Investigative Panels

Text

1. Any person may make or refer written complaints to the investigative panels with
reference to the acts, activities, or qualifications of any licensee, or to request that an
investigative panel review the qualifications of any licensee to continue to practice in
this state. Any person that, in good faith, makes a report to the investigative panels
under this section is not subject to civil liability for making the report. For purposes of
any civil proceeding, the good faith of any person that makes a report pursuant to this
section is presumed. Upon receipt of any complaint or request, the investigative panel
shall conduct the investigation as the panel deems necessary to determine whether
any licensee has committed any of the grounds for disciplinary action provided for by
law. Upon completion of the investigation of the investigative panel, the investigative
panel shall make a finding that the investigation discloses that:
a. There is insufficient evidence to warrant further action;
b. The conduct of the licensee does not warrant further proceedings but the
investigative panel determines possible errant conduct occurred that could lead to

significant consequences if not corrected. In such a case, a confidential letter of
concern may be sent to the licensee; or
c. The conduct of the licensee indicates the licensee may have committed any of
the grounds for disciplinary action provided for by law and which warrants further
proceedings.
2. If the investigative panel determines a formal hearing should be held to determine
whether any licensee has committed any of the grounds for disciplinary action
provided for by law, the panel shall inform the respondent licensee involved of the
specific charges to be considered by serving upon that individual a copy of a formal
complaint filed with the board for disposition pursuant to the provisions of chapter
28-32. The board members who have served on the investigative panel may not
participate in any proceeding before the board relating to the complaint. The complaint
must be prosecuted before the board by the attorney general or one of the attorney
general's assistants.
3. If an investigative panel finds there are insufficient facts to warrant further investigation
or action, the complaint must be dismissed and the matter is closed. The investigative
panel shall provide written notice to the person filing the original complaint and the
individual who is the subject of the complaint of the investigative panel's final action or
recommendations, if any, concerning the complaint.