§ 43-45-07.3 — Complaints - Investigations

North Dakota § 43-45-07.3

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-45: Addiction Counselors

Text

1. A person may file a written complaint with the board citing specific allegations of
unprofessional conduct by a licensee. The board shall notify the licensee of the
complaint and request a written response from the licensee.
2. The board may investigate a complaint on its own motion, without requiring the identity
of the complainant to be made a matter of public record, if the board concludes good
cause exists for preserving the confidentiality of the complainant.
3. A licensee who is the subject of an investigation by the board shall cooperate fully with
the investigation. Cooperation includes responding fully and promptly to any
reasonable question raised by or on behalf of the board relating to the subject of the
investigation, and providing copies of patient records when reasonably requested by
the board and accompanied by the appropriate release.
4. In order to pursue the investigation, the board may subpoena and examine witnesses
and records, including patient records, and copy, photograph, or take samples. The
board may require the licensee to give statements under oath, to submit to a physical
or mental examination, or both, by a physician or physicians and other qualified
evaluation professionals selected by the board if it appears to be in the best interest of
the public that this evaluation be secured. A written request from the board constitutes
authorization to release information. The patient records released to the board are not
public records.
5. Unless there is a patient release on file allowing the release of information at the public
hearing, all patient records acquired by the board in the board's investigation are
confidential. All board meetings at which patient testimony or records are taken or
reviewed are confidential and closed to the public. If no patient testimony or records

are taken or reviewed, the remainder of the meeting is an open meeting unless a
specific exemption is otherwise applicable.