§ 43-42-03 — Respiratory therapist and polysomnographic technologist licensing - Fees

1. The board shall license as a registered respiratory therapist any applicant whom the
board determines to be qualified to perform the duties of a registered respiratory
therapist. In making this determination, the board shall require evidence that the
applicant has successfully completed a bona fide respiratory care training program
and has passed the registry examination. The board shall establish fees not in excess
of one hundred dollars for the issuance and renewal of a registered respiratory
therapist license.
2. The board shall license as a certified respiratory therapist any applicant whom the
board determines to be qualified to perform the duties of a certified respiratory
therapist. In making this determination, the board shall require evidence that the
applicant has successfully completed a bona fide respiratory care training program
and has passed the certification examination. The board shall establish fees not in
excess of ninety dollars for the issuance and renewal of a certified respiratory therapist
license.
3. The board shall license as a registered polysomnographic technologist any applicant
whom the board determines to be qualified to perform the duties of a registered
polysomnographic technologist. In making this determination, the board shall require
evidence that the applicant has complied with the rules adopted by the board under
section 43-42-04.1. The board shall establish fees not in excess of ninety dollars for
issuance and for renewal of a registered polysomnographic technologist license.
4. The board may assess a late fee not in excess of twenty-five dollars for all license
renewal applications that are postmarked after December thirty-first of the year prior to
the year of renewal.
5. The board shall refuse to license any applicant, shall suspend or revoke any license,
or may fine, require additional education or appropriate treatment for any licensee,
after proper notice and a hearing, if the applicant or licensee:
a. Is not qualified or competent to perform the duties of a registered respiratory
therapist, a certified respiratory therapist, or a registered polysomnographic
technologist.
b. Has attempted to obtain or has obtained licensure under this chapter by fraud or
material misrepresentation.
c. Has been found by the board to have been grossly negligent as a registered
respiratory therapist, certified respiratory therapist, or registered
polysomnographic technologist.
d. Has engaged in conduct as a registered respiratory therapist, certified respiratory
therapist, or registered polysomnographic technologist which is unethical,
unprofessional, or detrimental to the health of the public.
e. Has failed to demonstrate satisfactory completion of such continuing courses of
study in respiratory care as the board may require.
f. Has been convicted or adjudged guilty of an offense, as defined by section
12.1-01-04, determined by the board to have a direct bearing upon that
individual's ability to practice respiratory care or polysomnography and is not
sufficiently rehabilitated as determined by the board in accordance with section
12.1-33-02.1.
g. Is habitually drunk or is addicted to the use of a controlled substance as defined
in chapter 19-03.1.
h. Has been declared mentally incompetent by a court of competent jurisdiction, and
who has not thereafter been lawfully declared competent.

6. The board may impose a fee on any person subject to regulation under this chapter to
reimburse the board for all or part of the costs of administrative actions resulting in
disciplinary action, which are not reversed on appeal, including the amount paid by the
board for services from the office of administrative hearings, attorney's fees, court
costs, witness fees, staff time, and other expenses.
7. Licenses issued under this chapter expire annually, but may be renewed upon
application to the board and payment of the annual renewal fee established by the
board. Licenses which have expired, been suspended, or been revoked may be
renewed or reissued upon satisfaction of any conditions that may be established by
the board, and after payment of a fee established by the board.
8. The board shall require as a condition of renewal and relicensure that the applicant
demonstrate satisfactory completion of continuing courses of study in respiratory care.