Section 54-02-07-04.1 - Evidence and evaluation of treatmentThe board may require the individual subject to an investigation to submit to a mental health, chemical dependency, or physical evaluation if, during the course of the investigation, there is reasonable cause to believe that any licensee, registrant, or applicant is unable to practice with reasonable skill and safety or has abused alcohol or drugs. The board may require a copy of the evaluation to be submitted from the evaluating professional directly to the board.
1. Upon failure of the person to submit to the evaluation within thirty days of the request, the board may suspend the individual's license or registration or deny or suspend consideration of any pending application until the person submits to the required evaluation.2. The licensee, registrant, or applicant shall bear the cost of any mental health, chemical dependency, or physical evaluation and treatment required by the board.3. The board may suspend or revoke an individual's license or registration if it is determined that the individual is unsafe to practice. The suspension or revocation will remain in effect until the individual demonstrates to the satisfaction of the board the ability to safely return to the practice of nursing or assist in the practice of nursing.4. The board may deny the individual's application for licensure or registration if it is determined that the individual is unsafe to practice. The denial will remain in effect until the individual demonstrates to the satisfaction of the board the ability to safely practice nursing or assist in the practice of nursing.N.D. Admin Code 54-02-07-04.1
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .General Authority: NDCC 43-12.1-08
Law Implemented: NDCC 43-12.1-14