North Dakota Code 43-17-01 – Definitions
As used in this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 43-17-01
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Board” means the North Dakota board of medicine.
2. “Licensee” means a physician, resident physician, or physician assistant licensed to practice in North Dakota.
3. “Physician” includes physician and surgeon (M.D.) and osteopathic physician and surgeon (D.O.).
4. “Physician assistant” means an individual issued a physician assistant license under this chapter.
5. “Practice of medicine” includes the practice of medicine, surgery, and obstetrics. The following persons are regarded as practicing medicine:
a. A person that holds out to the public as being engaged within this state in the diagnosis or treatment of diseases or injuries of human beings.
b. A person that suggests, recommends, or prescribes any form of treatment for the intended relief or cure of any physical or mental ailment of any individual, with the intention of receiving, directly or indirectly, any fee, gift, or compensation.
c. A person that maintains an office for the examination or treatment of individuals afflicted with disease or injury of the body or mind.
d. A person that attaches the title M.D., surgeon, doctor, D.O., osteopathic physician and surgeon, or any other similar word or words or abbreviation to the person’s name, indicating that the person is engaged in the treatment or diagnosis of the diseases or injuries of human beings shall be held to be engaged in the practice of medicine.
6. “Resident physician” means an individual issued a postgraduate training license under this chapter.
7. “Telemedicine” means the practice of medicine using electronic communication, information technologies, or other means between a licensee in one location and a patient in another location, with or without an intervening health care provider. “Telemedicine” includes direct interactive patient encounters, asynchronous store-and-forward technologies, and remote monitoring.