AN ACT to create and enact a new subdivision to subsection 2 of section 12-60-24 of the North Dakota Century Code, relating to criminal history record checks by the board of occupational therapy practice; to amend and reenact section 43-17-27.1 of the North Dakota Century Code, relating to physician continuing education requirements; to provide a statement of legislative intent; and to provide an effective date.
Summary
SB 2401 makes two main changes to North Dakota law. First, it adds the Board of Occupational Therapy Practice to the list of entities authorized to request criminal history record checks for applicants, licensees, and investigations under the occupational therapy licensing chapters. Second, it amends the physician continuing education statute to require every licensed physician to complete at least one hour of continuing education on nutrition and metabolic health during each renewal cycle.
The bill also preserves the board’s existing authority to enforce continuing education requirements, including fees for noncompliance, acceptance of certain specialty certifications in lieu of continuing education, exemptions by rule, and disciplinary action for failure to respond to an audit. In addition, it requires the medical board to post an instructional course on selected state laws related to medical practice, developed through the Office of Management and Budget with attorney general approval, and updated periodically. The act takes effect immediately upon filing with the secretary of state.
Impact
The bill directly affects chapters 12-60, 43-17, 43-40, and 43-40.1 of the North Dakota Century Code by expanding criminal background-check authority for occupational therapy regulation and by adding a mandatory nutrition/metabolic health continuing education topic for physicians. It also creates a legislative intent statement encouraging health occupation boards under Title 43 to consider nutrition-related continuing education for the prevention and reduction of chronic disease, which may influence future rulemaking by other licensing boards.
Sentiment
The bill appears to have broad bipartisan support based on the recorded votes, passing the Senate 44-2 and the House 92-0. The vote totals suggest general agreement with both the occupational therapy background-check provision and the physician education requirements, as well as the broader policy goal of encouraging nutrition-focused education in health professions.
Contention
No committee testimony is provided, so specific objections are not documented in the available record. The only visible point of potential contention is the new mandatory nutrition and metabolic health continuing education requirement for physicians, which could be viewed as an added licensure burden or as a substantive policy direction for medical education. The near-unanimous votes, however, indicate that any disagreement was limited.
AN ACT to create and enact a new subdivision to subsection 2 of section 12-60-24 of the North Dakota Century Code, relating to criminal history record checks by the board of occupational therapy practice; to amend and reenact section 43-17-27.1 of the North Dakota Century Code, relating to physician continuing education requirements; to provide a statement of legislative intent; and to provide an effective date.
Obtaining criminal history record checks for naturopathic doctors and genetic counselors; and to amend and reenact subdivision d of subsection 2 of section 12-60-24 of the North Dakota Century Code, providing authority to complete the background checks with the bureau of criminal investigation to complete the criminal history record checks.
AN ACT to create and enact chapter 43-17.5 of the North Dakota Century Code, relating to the physician assistant licensure compact; to amend and reenact section 43-17-01, subsection 1 of section 43-17-02.1, and sections 43-17-02.2 and 43-17-46 of the North Dakota Century Code, relating to the requirements of physician assistants privileged to practice under the physician assistant licensure compact; and to provide an effective date.
AN ACT to create and enact two new sections to chapter 43-15 and a new subsection to section 43-48-03 of the North Dakota Century Code, relating to the prescriptive authority of pharmacists and therapeutic substitution; to amend and reenact subsection 1 of section 26.1-36.11-01 and section 43-15-01 of the North Dakota Century Code, relating to the scope of practice of pharmacists; to repeal section 43-15-25.3 of the North Dakota Century Code, relating to approved laboratory tests; and to provide an effective date.