§ 43-53-10.1 — Temporary suspension - Appeal

North Dakota § 43-53-10.1

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-53: Marriage and Family Therapy Practice

Text

1. If, based on verified evidence, the board determines by a clear and convincing
standard that the evidence presented to the board indicates the continued practice by
a licensed marriage and family therapist or an associate marriage and family therapist
would create significant risk of serious and ongoing harm to the public while a
disciplinary proceeding is pending, and that immediate suspension of the licensed
marriage and family therapist's license or the associate marriage and family therapist's
license is required to reasonably protect the public from this risk of harm, the board
may order a temporary suspension ex parte.
a. For purposes of this section, "verified evidence" means testimony taken under
oath and based on personal knowledge.
b. The board shall give prompt written notice of the suspension to the licensed
marriage and family therapist or associate marriage and family therapist which
must include a copy of the order and complaint, the date set for a full hearing,
and, upon request, a specific description of the nature of the evidence, including
a list of all known witnesses.
c. The board shall make available to the licensed marriage and family therapist or
associate marriage and family therapist a specific description of any documents
relied upon by the board in ordering the temporary suspension.
2. An ex parte suspension remains in effect until a final order is issued after an
administrative hearing or appeal to the district court under this section or until the
suspension is otherwise terminated by the board.
3. The board shall conduct an administrative hearing on the merits of the allegations to
determine what disciplinary action, if any, will be taken against the licensed marriage
and family therapist or associate marriage and family therapist who is the subject of
the ex parte suspension. The administrative hearing must be held not later than thirty
days from the issuance of the ex parte temporary suspension order. The licensed
marriage and family therapist or associate marriage and family therapist is entitled to a
continuance of the thirty-day period upon request for a period determined by the
hearing officer.
4. The licensed marriage and family therapist or associate marriage and family therapist
may appeal the ex parte temporary suspension order to the district court. On appeal,

the district court shall decide whether the board acted reasonably or arbitrarily. The
district court shall give priority to the appeal for prompt disposition.
5. Any medical record of a patient, or other document containing personal information
about a patient, which is obtained by the board is an exempt record.