SB 2357 — A BILL for an Act to provide for a legislative management study regarding the feasibility, benefits, and challenges of creating a composite mental health licensing board.

The executive director of the retirement and investment office for individuals first employed by the retirement and investment office after July 31, 2005, who have unescorted physical access to the office or any security-sensitive area of the office as designated by the executive director.

l.

The Bank of North Dakota for a final applicant for a specified occupation with the Bank as designated by the president.

m.

Job service North Dakota for all employees, final applicants for employment with job service, and contractors with access to federal tax information.

n.

The department of health and human services for a final applicant for a job opening or a current employee with the department;

an individual being investigated by the department;

or an applicant for registration as a designated caregiver or a compassion center agent under chapter 19-24.1.

Page No.

3 25.1301.01001 Sixty-ninth Legislative Assembly o.

The state board of nursing for applicants, licensees, registrants, or disciplinary investigations under chapter 43-12.1, except that criminal history record checks need not be made unless required by the board.

p.

The state board of pharmacy for applicants or disciplinary investigations under chapter 43-15 and registrations, or revocation or suspension of registrations, under chapter 19-03.1, except that criminal history record checks need not be made unless required by the board.

q.

The state real estate commission for applicants, licensees, or investigations under chapter 43-23, except that criminal history record checks need not be made unless required by the commission.

r.

The North Dakotacomposite mental health licensing board of social work examiners for applicants for initial licensure or licensees under chapter 43-4143-56, except that criminal history record checks for licensees need not be made unless required by the board.

s.

All agencies, departments, bureaus, boards, commissions, or institutions of the state, including the North Dakota university system, for all employees or final applicants for employment as a security guard or to otherwise provide security.

t.

The office of management and budget for each individual who has access to personal information as designated by the director.

u.

The department of corrections and rehabilitation for all agents and employees and a final applicant for employment designated by the director and for each agent, employee, or a final applicant for employment of a privately operated entity providing contract correctional services for the department who exercises direct authority over juveniles, inmates, probationers, or parolees.

v.

A city, county, or combination of cities or counties that operates a correctional facility subject to chapter 12-44.1, for each agent and employee and a final applicant for employment of the correctional facility who has direct contact with or exercises direct authority over any juvenile or inmate of the correctional facility, and for each agent, employee, or a final applicant for employment of a privately operated entity providing contract correctional services for the correctional facility who exercises direct authority over juveniles, inmates, probationers, or parolees.

Page No.

4 25.1301.01001 Sixty-ninth Legislative Assembly w.

The North Dakota university system for a final applicant for or employee in a specified position in the university system or a university system institution or for each student applying for or admitted to a specified program of study, as designated by the chancellor.

x.

(1) The board of a school district, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(2) The board of a multidistrict special education unit, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(3) The board of an area career and technology center, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(4) The board of a regional education association, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

and (5) The superintendent of public instruction in the case of a nonpublic school or a state school with a superintendent appointed by or reporting to the superintendent of public instruction, for employees designated by the nonpublic or state school, provided the nonpublic or state school is responsible for paying the costs associated with obtaining a criminal history record check.

y.

(1) The board of a school district, for a final applicant seeking employment with the district or otherwise providing services to the district, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(2) The board of a multidistrict special education unit, for a final applicant seeking employment with the unit or otherwise providing services to the unit, if that individual has unsupervised contact with students, provided the board Page No.

5 25.1301.01001 Sixty-ninth Legislative Assembly is responsible for paying the costs associated with obtaining a criminal history record check;

(3) The board of an area career and technology center, for a final applicant seeking employment with the center or otherwise providing services to the center, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(4) The board of a regional education association, for a final applicant seeking employment with the association or otherwise providing services to the association if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

and (5) The superintendent of public instruction in the case of a nonpublic school or a state school with a superintendent appointed by or reporting to the superintendent of public instruction, for a final applicant seeking employment with the school or otherwise providing services to the school, if that individual has unsupervised contact with students, provided the board is responsible for paying the costs associated with obtaining a criminal history record check.

(6) For purposes of this subdivision, "unsupervised contact" with students means being in proximity to one or more students, on school grounds or at school functions, outside the presence of an individual who has been subject to a criminal history record check.

z.

The racing commission for applicants for licenses under chapter 53-06.2, except that criminal history record checks need not be made unless required by the commission.

aa.

A district court for a petition to change a name under chapter 32-28.

bb.

The state board of pharmacy for a wholesale drug distributor seeking licensure under chapter 43-15.3.

Page No.

6 25.1301.01001 Sixty-ninth Legislative Assembly cc.

The board of dental examiners for investigations of applicants or dentists under section 43-28-11.2, except that criminal history record checks need not be made unless required by the board.

dd.

The department of financial institutions for each applicant for a specified occupation with the department as specified by the commissioner and principal owners and managing officers of applicants for a license from the department of financial institutions.

ee.

The office of tax commissioner for all employees, final applicants for employment with the tax commissioner, and contractors with access to federal tax information.

ff.

The state board of examiners for nursing home administrators for applicants for licensure or licensees under chapter 43-34, except that criminal history record checks for licensees need not be made unless required by the board.

gg.

The marriage and family therapy licensure board for applicants, licensees, or investigations under chapter 43-53, except that criminal history record checks need not be made unless required by the board.

hh.

The state board of chiropractic examiners for applicants, licensees, certificates, or investigations under chapter 43-06, except that criminal history record checks need not be made unless required by the board.

ii.hh.

Workforce safety and insurance for a final applicant for a specified occupation with workforce safety and insurance as designated by the director, or for contractors who may have access to confidential information as designated by the director.

jj.

The board of counselor examiners for applicants for licensure or licensees under chapter 43-47, except that criminal history record checks for licensees need not be made unless required by the board.

kk.ii.

The state board of respiratory care for applicants, licensees, or investigations under chapter 43-42, except that criminal history record checks need not be made unless required by the board.

ll.jj.The North Dakota real estate appraiser qualifications and ethics board for applicants for permits or registration or permittees, registrants, owners, or controlling persons under chapters 43-23.3 and 43-23.5, except that criminal Page No.

7 25.1301.01001 Sixty-ninth Legislative Assembly history record checks for permittees, registrants, owners, or controlling persons need not be made unless required by the board.

mm.kk.

The insurance department for criminal history record checks authorized under chapters 26.1-26 and 26.1-26.8.

nn.ll.

The office of the adjutant general for employees and volunteers working with the recruiting and retention, sexual assault, and youth programs.

oo.mm.

The parks and recreation department for volunteers and final applicants for employment, as determined by the director of the parks and recreation department.

pp.nn.

The North Dakota medical imaging and radiation therapy board of examiners for licensure and licensees under chapter 43-62, except that criminal history record checks for licensees need not be made unless required by the board.

qq.oo.

The game and fish department for volunteers and final applicants for employment, as determined by the director of the game and fish department.

rr.pp.

The North Dakota board of massage for applicants, licensees, or investigations under chapter 43-25.

ss.qq.

The North Dakota board of physical therapy for physical therapist and physical therapist assistant applicants and for licensees under investigation, except that criminal history record checks need not be made unless required by the board.

tt.rr.

The department of commerce for volunteers and employees providing services through eligible organizations, as determined by the commissioner of commerce.

uu.ss.

The state court administrator for a guardian ad litem who provides direct services to youth.

vv.tt.

The department of environmental quality for a final applicant for a job opening or a current employee with the department, or an applicant for a radioactive materials license under chapter 23.1-03 or a solid waste permit under chapter 23.1-08 as provided in section 23.1-01-11.1.

ww.uu.

The housing finance agency for criminal history record checks authorized under section 54-17-07.13.

xx.vv.

The office of state treasurer for each individual who has access to federal tax information.

Page No.

8 25.1301.01001 Sixty-ninth Legislative Assembly yy.ww.

The department of health and human services for a criminal history record check for a children's advocacy center as authorized under section 50-25.1-11.1.

zz.xx.

The state historical society for volunteers and final applicants for employment, except that criminal history record checks need not be made unless requested by the society.

aaa.yy.

The department of transportation for volunteers and final applicants for employment, as determined by the director of the department of transportation.

bbb.zz.

The commission on legal counsel for indigents for a volunteer or final applicant for employment, as determined by the director of the commission on legal counsel for indigents.

ccc.aaa.

The board of dietetic practice for applications for licensure or renewal under chapter 43-44, except that criminal history record checks need not be made unless required by the board.

ddd.bbb.

The secretary of state for employees with access to personally identifying information of residents or businesses of the state or with access to elections systems that are critical infrastructure under section 44-04-24.

eee.ccc.

The department of health and human services for applicants for initial licensure for emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics, as required by subdivision d of subsection 3 of section 23-27.1-03.

SECTION 2.

AMENDMENT.

Subsections 1, 2, and 7 of section 43-32-01 of the North Dakota Century Code are amended and reenacted as follows:

1.

"Board" means the North Dakota state board of psychologist examinerscomposite mental health licensing board under chapter 43-56.

2.

"Industrial-organizational psychologist" means an individual who is licensed under this chapter 43-56 to engage in the practice of industrial-organizational psychology.

7.

"Psychologist" means an individual who is licensed under this chapter 43-56 in the practice of psychology.

SECTION 3.

AMENDMENT.

Section 43-32-10 of the North Dakota Century Code is amended and reenacted as follows:

Page No.

9 25.1301.01001 Sixty-ninth Legislative Assembly 43-32-10.

Power of board to administer oaths - Conduct hearings - Summon witnesses - Take testimony.

The members of the board and the secretary may administer oaths.

The board may summon witnesses as provided in chapter 28-32 and take testimony in all matters relating to its duties, including the enforcement of the provisions and purposes of this chapter and chapter 43-56, and the rules adopted by the board.

SECTION 4.

AMENDMENT.

Section 43-32-16 of the North Dakota Century Code is amended and reenacted as follows:

43-32-16.

Board to keep records.

1.

The board shall keep a record of its proceedings and a register of all applicants for licensing which must show:

a.

The name, date of birth, and residence of each applicant.

b.

The date of each applicant's application.

c.

The place of business of each applicant.

d.

A summary of the educational and other qualifications of each applicant.

e.

Whether an examination was required of an applicant.

f.

Whether a license was granted to an applicant.

g.

The date of the action of the board.

h.

Any information the board determines necessary or advisable in aid of the requirements of this subsection.

2.

Except as otherwise provided by law, the records of the board are public records and evidence of the proceedings of the board, and a transcript of board proceedings, duly certified by the secretary of the board is admissible in evidence with the same effect as if the original were produced.

SECTION 5.

AMENDMENT.

Section 43-32-17 of the North Dakota Century Code is amended and reenacted as follows:

43-32-17.

License required for practice - Titles.

1.

Except as otherwise provided under this chapter and chapter 43-56, a personan individual may not engage in the practice of psychology unless that personindividual is licensed as a psychologist or is registered as a psychology resident under this chapter 43-56.

Except as otherwise provided byunder this chapter and chapter 43-56, a Page No.

10 25.1301.01001 Sixty-ninth Legislative Assembly personan individual may not engage in the practice of industrial-organizational psychology unless that personindividual is licensed as a psychologist or industrial-organizational psychologist or is registered as a psychology resident or industrial-organizational psychology resident under this chapter 43-56.

2.

A personAn individual may not use the title "psychologist" or similar title unless that personindividual is licensed as a psychologist.

A personAn individual may not use the titles "industrial psychologist", "organizational psychologist", or "industrial-organizational psychologist" unless that personindividual is licensed as a psychologist or industrial-organizational psychologist.

3.

A personAn individual may not use the title "psychology resident" or similar title unless that personindividual is registered as a psychology resident.

A personAn individual may not use the titles "industrial psychology resident", "organizational psychology resident", or "industrial organizational psychology resident" unless that personindividual is registered as a psychology resident or industrial-organizational psychology resident.

SECTION 6.

AMENDMENT.

Section 43-32-26 of the North Dakota Century Code is amended and reenacted as follows:

43-32-26.

Issuance and display of license.

The board is the sole agency empowered to examine competence in the practice of psychology.

A certificate of license or registration issued by the board must show the full name of the licensee, have a serial number, be signed by the presidentchair of the board, and be attested by the secretaryanother member of the board.

The license issued by the board under this chapter 43-56 must be prominently displayed at the principal place of business at which the licensee practices.

SECTION 7.

AMENDMENT.

Subsection 1 of section 43-41-01 of the North Dakota Century Code is amended and reenacted as follows:

1.

"Board" means the North Dakota board of social work examinerscomposite mental health licensing board under chapter 43-56.

SECTION 8.

AMENDMENT.

Section 43-41-02 of the North Dakota Century Code is amended and reenacted as follows:

Page No.

11 25.1301.01001 Sixty-ninth Legislative Assembly 43-41-02.

Social work practice - Exceptions.

1.

Nothing in thisThis chapter may not be construed to prevent any personan individual from doing work within the standards and ethics of that person'sindividual's profession and calling, provided that the personindividual does not present to the public, by title or description of services, that the personindividual is engaging in social work practice.

2.

This chapter maydoes not be construed to prevent students who are enrolled in programs of study leading to social work degrees from interning with a licensed baccalaureate social worker, a licensed master social worker, or a licensed clinical social worker.

3.

Nothing in thisThis chapter preventsdoes not prevent the employment of, or volunteering by, individuals in nonprofit agencies or community organizations provided these personsindividuals do not hold themselves out to the public as being social workers.

4.

Nothing in thisThis chapter preventsdoes not prevent the employment of social work designees by hospitals, basic care facilities, or skilled nursing facilities, provided these individuals work under the direction of a social worker or social work consultant licensed under this chapter 43-56 and that the board beis notified of the name of the designee's employer and the name of the licensee who is providing direction or consultation to the designees.

5.

This chapter does not require public or appointed officials or administrators, acting in that capacity, or any other social or human service administrators who do not hold themselves out to the public as social workers, by title or description of services, to be licensed under this chapter 43-56.

6.

This chapter does not prevent individuals with master's or doctoral degrees in the field of counseling with specialization in mental health from serving as counselors or therapists in mental health in state institutions or regional human service centers, if they do not hold themselves out to the public as social workers.

SECTION 9.

AMENDMENT.

Section 43-41-03 of the North Dakota Century Code is amended and reenacted as follows:

Page No.

12 25.1301.01001 Sixty-ninth Legislative Assembly 43-41-03.

Representation to the public.

1.

Only those personsindividuals licensed to practice under this chapter 43-56 may represent themselves as a licensed baccalaureate social worker, licensed master social worker, or licensed clinical social worker.

2.

The license issued by the board under the provisions of this chapter 43-56 must be prominently displayed at the principal place of business where the social worker practices.

SECTION 10.

AMENDMENT.

Subsection 1 of section 43-41-04 of the North Dakota Century Code is amended and reenacted as follows:

1.

Except as otherwise provided in this chapter and chapter 43-56, a personan individual may not engage in social work practice in this state unless that personindividual is a licensed baccalaureate social worker, a licensed master social worker, or a licensed clinical social worker.

SECTION 11.

AMENDMENT.

Section 43-41-05.1 of the North Dakota Century Code is amended and reenacted as follows:

43-41-05.1.

Electronic social work services.

1.

The practice of social work in this state through electronic social work services or other means, regardless of the location of the practitioner, constitutes the practice of social work and is subject to this chapter and chapter 43-56.

2.

The practice of social work by a practitioner in this jurisdiction through electronic social work services or other means, regardless of the location of the client, constitutes the practice of social work and is subject to this chapter and chapter 43-56.

3.

A social worker providing electronic social work services shall take all necessary measures to ensure compliance with relevant practice standards as established by the board.

SECTION 12.

AMENDMENT.

Section 43-41-07 of the North Dakota Century Code is amended and reenacted as follows:

43-41-07.

Qualification for licensure by an applicant licensed in another jurisdiction.

1.

An applicant may be granted a license upon:

Page No.

13 25.1301.01001 Sixty-ninth Legislative Assembly a.

Satisfactory proof to the board that the applicant is licensed in good standing under the laws of another jurisdiction that imposes substantially the same requirements as this chapter and chapter 43-56;

or b.

Determination of the board that at the time of application for licensure under this section the applicant is licensed in good standing under the laws of another jurisdiction and possesses qualifications or experience in the practice of social work which are substantially similar to the minimum requirements for licensure under this chapter and chapter 43-56.

2.

The applicant shall pay the licensure fees specified by the board.

SECTION 13.

AMENDMENT.

Section 43-41-09 of the North Dakota Century Code is amended and reenacted as follows:

43-41-09.

Duties and responsibilities of board.

In addition to the duties set forth elsewhere in this chapter and chapter 43-56, the board shall:

1.

Adopt rules to administer and carry out the provisions of this chapter and chapter 43-56.

2.

Produce an annual list of the names and level of licensure of all persons licensed under this chapter 43-56 and make the list available upon request.

3.

At its discretion, employ staff and provide for staff compensation.

4.

License social workers.

The board may:

a.

Suspend the use of an examination for licensure.

b.

Waive examination requirements and create a process under which an applicant may apply for a waiver to licensure examination requirements.

c.

Create alternative requirements that do not require an examination to ascertain the qualifications and fitness of a candidate for a license to engage in the practice of social work.

5.

Establish fees and receive all moneys collected under this chapter.

6.

Deposit and disburse all fees and moneys collected by the board in accordance with section 54-44-12.

7.

Recommend prosecution for violations of this chapter to the appropriate state's attorney.

Page No.

14 25.1301.01001 Sixty-ninth Legislative Assembly 8.7.Recommend the attorney general bring civil actions to seek injunctive and other relief against violations of this chapter.

9.8.Establish continuing education requirements for license renewal.

10.9.

Adopt a code of social work ethics.

SECTION 14.

AMENDMENT.

Section 43-41-11.1 of the North Dakota Century Code is amended and reenacted as follows:

43-41-11.1.

Permission to report - Immunity.

An individual who has knowledge of conduct by an applicant or a licensee which may constitute grounds for disciplinary action under this chapter or chapter 43-56 or the rules of the board or of any unlicensed practice under this chapter may report the violation to the board.

An individual is immune from civil liability or criminal prosecution for submitting in good faith a report under this chapter or for otherwise reporting, providing information, or testifying about violations or alleged violations of this chapter or chapter 43-56.

SECTION 15.

AMENDMENT.

Subsection 2 of section 43-45-01 of the North Dakota Century Code is amended and reenacted as follows:

2.

"Board" means the board of addiction counseling examinerscomposite mental health licensing board under chapter 43-56.

SECTION 16.

AMENDMENT.

Section 43-45-04 of the North Dakota Century Code is amended and reenacted as follows:

43-45-04.

Board power, duties, and authority.

1.

The board shall:

a.

Administer and enforce the provisions of this chapter and chapter 43-56.

b.

Evaluate the qualifications of applicants for a license to practice addiction counseling and issue addiction counselor, licensed clinical addiction counselor, and masters addiction counselor licenses under this chapter 43-56.

c.

Establish ethical standards of practice for a licensee to practice addiction counseling in this state.

d.

Establish continuing education requirements and approve providers of continuing education.

e.

Approve clinical training programs.

f.

Register clinical trainees and addiction counselor trainees.

Page No.

15 25.1301.01001 Sixty-ninth Legislative Assembly g.

Register interns.

h.

Register clinical supervisors.

i.

Register licensees for private practice.

j.

Approve and administer examinations.

k.

Periodically evaluate initial licensure coursework requirements and clinical training requirements to ensure the requirements are up to date and do not serve as an undue barrier to licensure.

2.

The board may:

a.

Adopt rules under chapter 28-32 to implement this chapter and chapter 43-56.

b.

Issue subpoenas, examine witnesses, and administer oaths, and may investigate allegations of practices violating the provisions of this chapter and chapter 43-56.

c.

Recommend prosecution for violations of this chapter and chapter 43-56 to the appropriate state's attorney.

d.

Recommend the attorney general bring civil actions to seek injunctive and other relief against violations of this chapter and chapter 43-56.

e.

Collect fees for examinations, initial licensures, renewal of licenses, late renewals, private practice registrations, renewal of private practice registrations, approval of continuing education providers, and administrative fees.

The fees must be established by rule in amounts necessary to compensate the board for administration and enforcement of this chapter and chapter 43-56.

f.

Employ persons to assist the board in carrying out the board's duties under this chapter and chapter 43-56.

SECTION 17.

AMENDMENT.

Section 43-45-05.1 of the North Dakota Century Code is amended and reenacted as follows:

43-45-05.1.

Initial licenses - Licensure of applicant licensed in another jurisdiction.

1.

The board shall issue an initial license under chapter 43-56 as an addiction counselor, licensed clinical addiction counselor, or masters addiction counselor to an applicant who has met all of the following requirements:

a.

Successfully completed board-approved coursework at an accredited college or university.

Page No.

16 25.1301.01001 Sixty-ninth Legislative Assembly b.

Successfully completed one or more oral or written examinations approved by the board for this purpose.

c.

Successfully completed a clinical training program approved by the board or accumulated experience as established by the board by rule.

d.

Satisfied to the board that the applicant agrees to adhere to the code of professional conduct adopted by the board.

2.

For the clinical training program or accumulated experience required of an intern seeking initial licensure, at least fifty percent of the required supervision must be provided by a supervising licensed addiction counselor, and the additional supervision may be with other professionals who are designated by the supervising addiction counselor, approved by the board, and competent in the area of practice being supervised.

The other professional must be registered as a clinical supervisor by the board that licenses the other professional.

3.

The board may issue a license under chapter 43-56 to an applicant for licensure who is in good standing as a licensed, approved, or certified addiction counselor, licensed clinical addiction counselor, or masters addiction counselor under the laws of another jurisdiction:

a.

Upon satisfactory proof to the board the laws of the other jurisdiction impose at least substantially the same requirements imposed under this chapter and chapter 43-56;

or b.

Upon a determination by the board the applicant possesses qualifications or experiences in the practice of addiction counseling which are substantially similar to the minimum requirements for licensure under this chapter and chapter 43-56.

4.

If the board denies a licensure application, the board shall notify the applicant in writing of the reasons for denial and of the applicant's right to a hearing before the board, under chapter 28-32, if a hearing is requested within thirty days.

SECTION 18.

AMENDMENT.

Subsection 2 of section 43-45-05.2 of the North Dakota Century Code is amended and reenacted as follows:

2.

The license issued by the board under the provisions of this chapter 43-56 must be prominently displayed at the principal place of business where the licensee practices.

Page No.

17 25.1301.01001 Sixty-ninth Legislative Assembly SECTION 19.

AMENDMENT.

Section 43-45-07.1 of the North Dakota Century Code is amended and reenacted as follows:

43-45-07.1.

Grounds for disciplinary proceedings.

1.

The board may deny an application and may refuse to renew, suspend, revoke, or place on probationary status any license issued under this chapter 43-56 on proof at a hearing the applicant or holder of the license engaged in unprofessional conduct.

Unprofessional conduct includes:

a.

Obtaining an initial license or renewal by means of fraud, misrepresentation, or concealment of material facts.

b.

Violating rules set by the board.

c.

Violating a provision of this chapter or chapter 43-56.

d.

Violating the professional code of conduct as adopted by the board.

e.

Being adjudged guilty of an offense determined by the board to have a direct bearing on an applicant's or holder of the license's ability to provide addiction counseling to the public as a licensee or being adjudged guilty of any offense and being insufficiently rehabilitated as determined by the board under section 12.1-33-02.1.

2.

One year from the date of the revocation, a former licenseholder may make application for initial licensure.

SECTION 20.

AMENDMENT.

Subsection 1 of section 43-45-07.2 of the North Dakota Century Code is amended and reenacted as follows:

1.

A person with knowledge of any conduct constituting grounds for discipline under this chapter or chapter 43-56 may report the violation to the board.

SECTION 21.

AMENDMENT.

Subsection 1 of section 43-47-01 of the North Dakota Century Code is amended and reenacted as follows:

1.

"Board" means the board of counselor examinerscomposite mental health licensing board under chapter 43-56.

SECTION 22.

AMENDMENT.

Section 43-47-03 of the North Dakota Century Code is amended and reenacted as follows:

Page No.

18 25.1301.01001 Sixty-ninth Legislative Assembly 43-47-03.

Duties and responsibilities of board.

In addition to the duties set forth elsewhere in this chapter and chapter 43-56, the board shall:

1.

Publish an annual list of the names and addresses of all persons licensed under this chapter 43-56.

2.

Approve and administer an examination for counselors.

3.

Set, by rule, and collect a fee for the filing of each application for a license under this chapter 43-56 and set, by rule, and collect a fee for the renewal of a license under this chapter 43-56.

4.

Deposit and disburse all fees and moneys collected by the board in accordance with section 54-44-12.

5.

Establish continuing education requirements for license renewal.

6.5.Issue provisional or probationary licenses.

7.6.Establish a code of ethics for the practice of counseling.

SECTION 23.

AMENDMENT.

Subsection 1 of section 43-47-06 of the North Dakota Century Code is amended and reenacted as follows:

1.

Except as otherwise provided in this chapter and chapter 43-56, a personan individual may not engage in counseling in this state unless that personindividual is a licensed professional counselor or licensed associate professional counselor.

SECTION 24.

AMENDMENT.

Section 43-47-06.1 of the North Dakota Century Code is amended and reenacted as follows:

43-47-06.1.

Board may establish specialty licenses.

The board may provide a counselor specialty license to any licensed professional counselor who meets the standards established by the board for that particular specialty.

The board shall adopt standards for specialty licenses equal to or greater than those established by the national board of certified counselors, which governs the standards for particular specialties.

The board may not create a specialty license for which the scope of practice is defined under any other chapter in this title.

SECTION 25.

AMENDMENT.

Section 43-47-06.3 of the North Dakota Century Code is amended and reenacted as follows:

Page No.

19 25.1301.01001 Sixty-ninth Legislative Assembly 43-47-06.3.

Criminal history record checks.

The board shallmay require an applicant for licensure under subsections 2, 3, and 4 of section 43-47-06 and section 43-47-06.1chapter 43-56 to submit to a statewide and nationwide criminal history record check and may require a licensee to submit to a statewide and nationwide criminal history record check.

The nationwide criminal history record check must be conducted in the manner provided in section 12-60-24.

All costs associated with obtaining a background check are the responsibility of the applicant or licensee.

SECTION 26.

AMENDMENT.

Section 43-47-07 of the North Dakota Century Code is amended and reenacted as follows:

43-47-07.

Disciplinary proceedings.

The board may deny, refuse to renew, suspend, or revoke any license issued under this chapter 43-56 upon finding by a preponderance of the evidence that the applicant or licenseholder:

1.

Has been convicted of an offense determined by the board to have a direct bearing upon the individual's ability to practice counseling and is not sufficiently rehabilitated as determined by the board in accordance with section 12.1-33-02.1;

2.

Has been grossly negligent in the practice of counseling and has injured a client or other person to whom the individual owed a duty;

or 3.

Has violated any rule of the board.

SECTION 27.

AMENDMENT.

Section 43-47-07.1 of the North Dakota Century Code is amended and reenacted as follows:

43-47-07.1.

Costs of prosecution - Disciplinary proceedings.

The board may impose a fee against any personan individual subject to regulation under this chapter and chapter 43-56 to reimburse the board for all or part of the costs of administrative actions resulting in disciplinary action, including the amount paid by the board for services from the office of administrative hearings, attorney's fees, court costs, witness fees, staff time, and other expenses.

SECTION 28.

AMENDMENT.

Subsections 1 and 4 of section 43-47-08 of the North Dakota Century Code are amended and reenacted as follows:

1.

A personAn individual aggrieved by the actions of a counselor licensed under this chapter 43-56 may file a written complaint with the board citing the specific allegations Page No.

20 25.1301.01001 Sixty-ninth Legislative Assembly of misconduct by the counselor.

The board shall notify the counselor of the complaint and require a written response from the counselor.

Neither the initial complaint nor the counselor's response is public record.

The counselor's response must be made available to the complainant.

4.

After review of the complaint, the counselor's response, and information obtained in the investigation, the board shall determine if there is a reasonable basis to believe that the allegations are true and that the allegations constitute a violation of this chapter, chapter 43-56, or the rules of the board.

If the board determines that there is a reasonable basis to believe that the allegations are true and that the allegations constitute a violation of this chapter, chapter 43-56, or the rules of the board, the board shall take appropriate action.