§ 43-25-10 — Disciplinary actions - Complaints

North Dakota § 43-25-10

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-25: Massage Therapists

Text

1. The license of a massage therapist may be denied, revoked, suspended, or placed on
probation for any of the following grounds:
a. The licensee is guilty of fraud in the practice of massage or fraud or deceit in
admission to the practice of massage.
b. The licensee has been convicted of an offense determined by the board to have a
direct bearing upon a person's ability to serve the public as a massage therapist,
or, following conviction of any offense, the person is not sufficiently rehabilitated
under section 12.1-33-02.1. The conviction of an offense includes conviction in
any jurisdiction in the United States of any offense, which if committed within this
state would constitute an offense under this state's laws.
c. The licensee is engaged in the practice of massage under a false or assumed
name, or is impersonating another practitioner of a like or different name.
d. The licensee is addicted to the habitual use of intoxicating liquors, or other legal
or illegal drugs, to the extent the licensee is compromised or impaired from

performing the professional duties of a massage therapist or is under the
influence while assessing, treating, or seeing a client.
e. The licensee is guilty of untrue, fraudulent, misleading, or deceptive advertising,
the licensee prescribes medicines, drugs, or the licensee infringes on any other
licensed profession.
f. The licensee is guilty of gross negligence in the practice of massage, or is guilty
of employing, allowing, or permitting any unlicensed person to perform massage
in the licensee's establishment.
g. The licensee or applicant failed to submit to a physical or behavioral health
examination ordered by the board under section 43-25-09.
h. The licensee has violated this chapter or any rule adopted by the board.
2. A licensee who violates this chapter or any rule adopted by the board may be
assessed a civil penalty of up to two hundred dollars.
3. A complaint may be submitted to the board by any person or on its own motion. A
complaint must be signed by the complainant. The president may initiate an
investigation of the complaint and report to the board.
4. Any hearing regarding a disciplinary action or a denial of a license must be held
pursuant to chapter 28-32.