Exemptions
N.D. Cent. Code § 43-48-03
in effect43-48-03. Exemptions
The provisions of this chapter do not apply to the following:
1. Physicians duly and currently licensed to practice medicine.
2. Nurses duly and currently licensed to practice nursing and practicing within the scope
of the nursing license.
3. Persons performing clinical testing for teaching or research, provided that the results
of any examination performed in such laboratories are not used in health maintenance,
diagnosis, or treatment of disease.
4. Persons employed by the United States government, or any bureau, division, or
agency thereof, and working in a licensed laboratory.
5. Any person in the pursuit of a supervised course of study leading to a degree at an
accredited or educational program approved by the board.
6. Phlebotomy personnel performing phlebotomy procedures.
7. Persons performing testing for their own personal use and persons performing
screening tests for mass screening under appropriate supervision.
8. Agents of the state or federal government performing hematological tests for anemia
upon participants of the special supplemental food program for women, infants, and
children.
9. An individual performing exempt tests identified by rules adopted by the board. The
individual must be supervised by an individual who is licensed by the board, a
physician licensed by the board of medicine, an advanced practice registered nurse
licensed by the board of nursing, or other categories of individuals approved by the
board by rule. The supervisor and individual shall adhere to the methods identified by
rules adopted by the board.
10. Perfusionists performing clinical laboratory tests for hematology, coagulation, and
chemistry during the course of a patient's perfusion procedures.
11. Personnel of the division of laboratory services of the department of health and human
services or department of environmental quality who are participating in the centers for
disease control and prevention's chemical terrorism toxic metals determination
program.
12. A person licensed or registered under another chapter of this title and carrying out the
therapy or practice for which the person is licensed or registered.
13. Personnel performing whole blood glucose waived tests as categorized by the food
and drug administration based on the criteria established by the Clinical Laboratory
Improvement Act of 1988 [42 U.S.C. 263a et seq.].
14. Pharmacists duly and currently licensed to practice pharmacy.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t43c48.pdf#nameddest=43-48-03Fetched: 10/16/2026