43-17.1-05.1. Reporting requirements - Penalty
1. A licensee, a health care institution in the state, a state agency, or a law enforcement
agency in the state having actual knowledge that a licensee may have committed any
of the grounds for disciplinary action provided by law or by rules adopted by the board
shall report that information in writing to the investigative panel of the board within
thirty days from the date of occurrence or action. A medical licensee or any institution
from which the medical licensee voluntarily resigns or voluntarily limits the licensee's
staff privileges shall report that licensee's action to the investigative panel of the board
if that action occurs while the licensee is under formal or informal investigation by the
institution or a committee of the institution for any reason related to possible medical
incompetence, unprofessional conduct, or mental or physical impairment within thirty
days.
2. In addition to the reporting requirements in subsection 1, a licensee shall report the
following to the board within thirty days:
a. A citation, charge, arrest, or conviction of any violation of law, other than minor
traffic citations.
b. A malpractice judgment or settlement made on behalf of an individual licensee.
c. Discipline by a licensing board, agency, or professional association.
d. An action affecting or limiting privileges or credentials.
e. A health care facility restriction of privileges due to practice concerns or discipline
for reasons relating to the licensee's clinical competence which results in a
limitation, restriction, suspension, revocation, relinquishment, or nonrenewal of
the licensee's privileges to avoid an investigation or other disciplinary action.
f. A condition that impairs the licensee's ability to practice the profession in a
competent, ethical, or professional manner. If the licensee is under treatment and
able to practice in a competent, ethical, and professional manner, the condition
does not need to be reported. A licensee also does not need to report under this
section if the licensee has a current contract with the North Dakota professional
health program and is in compliance with program requirements.
3. Upon receiving a report concerning a licensee an investigative panel shall, or on its
own motion an investigative panel may, investigate any evidence that appears to show
a licensee is or may have committed any of the grounds for disciplinary action
provided by law or by rules adopted by the board.
4. A person required to report under this section that makes a report in good faith is not
subject to criminal prosecution or civil liability for making the report. For purposes of
any civil proceeding, the good faith of any person that makes a report pursuant to this
section is presumed. A physician who obtains information in the course of a
physician-patient relationship in which the patient is another physician is not required
to report if the treating physician successfully counsels the other physician to limit or
withdraw from practice to the extent required by the impairment. A physician who
obtains information in the course of a professional peer review pursuant to chapter
23-34 is not required to report pursuant to this section. A physician who does not
report information obtained in a professional peer review is not subject to criminal
prosecution or civil liability for not making a report. For purposes of this section, a
person has actual knowledge if that person acquired the information by personal
observation or under circumstances that cause that person to believe there exists a
substantial likelihood that the information is correct.
5. An agency or health care institution that violates this section is guilty of a class B
misdemeanor. A licensee who violates this section is subject to disciplinary action by
the board as specified by law or by administrative rule.
