§ 43-17.1-08 — Communication to investigative panel privileged

North Dakota § 43-17.1-08

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

Text

1. Communications to the investigative panels and their agents are privileged and
confidential, and no member of the investigative panels nor any of their agents may be
compelled to testify with respect thereto in any proceedings except in formal
proceedings conducted before the board.
2. All records of the investigative panels, except their financial records, are confidential.
Only the formal disciplinary documents issued pursuant to chapter 28-32 are
considered open records, including the formal complaint, finding of facts, conclusions
of law, and order. If a disciplinary action is resolved by settlement agreement, the fully
executed agreement is a public record.
3. Notwithstanding the provisions of this section, if an investigative panel determines that
the records of the investigative panel disclose a possible violation of state or federal
criminal law, the investigative panel may provide the records to the appropriate law
enforcement agency.
4. Investigative information in the possession of the board and investigatory panels which
relates to licensee discipline may be disclosed to the appropriate licensing authorities
within this state, the appropriate licensing authority in another state, or as permitted
under chapter 43-17.4, if the receiving entity has statutory protections in place to
protect the records from disclosure.