§ 43-28-18.3 — Temporary suspension - Appeal

North Dakota § 43-28-18.3

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-28: Dentists

Text

1. When, based on verified evidence, the board determines by a clear and convincing
standard that the evidence presented to the board indicates that the continued practice
by the dentist would create a significant risk of serious and ongoing harm to the public
while a disciplinary proceeding is pending, and that immediate suspension of the
dentist's license is required to reasonably protect the public from that risk of harm, the
board may order a temporary suspension ex parte. For purposes of this section,
"verified evidence" means testimony taken under oath and based on personal
knowledge. The board shall give prompt written notice to the dentist of the ex parte
temporary suspension, which must include a copy of the order and complaint, the date
set for a full hearing on the merits of the evidence that resulted in the ex parte
temporary suspension, and a specific description of the nature of the evidence,
including a list of all known witnesses and a description of any documents relied upon
by the board in ordering the ex parte temporary suspension which, upon request, must
be made available to the dentist.
2. Unless the ex parte temporary suspension is otherwise terminated by the board, an
ex parte temporary suspension remains in effect until a final order is issued following a
full hearing on the merits conducted under chapter 28-32 or following an appeal under
this section.
3. The full hearing on the merits of the allegations to determine what disciplinary action, if
any, must be taken against the dentist who is the subject of the ex parte temporary
suspension must be held not later than thirty days from the issuance of the ex parte
temporary suspension order or as soon as practicable as determined by the hearing
officer. The dentist is entitled to a continuance of the thirty-day period upon request for
a period determined by the hearing officer.
4. The dentist may appeal the ex parte temporary suspension order before the full
hearing on the merits occurs. The appeal must be filed with the district court of
Burleigh County. The district court shall decide whether the board acted reasonably or
arbitrarily when ordering the ex parte temporary suspension. The district court shall
give priority to the appeal for prompt disposition.
5. A dental or medical record of a patient, or other document containing personal
information relating to a patient, obtained by the board is confidential.