North Dakota Code 43-32-27 – Denial – Revocation or suspension of license – Grounds
1. The board, after notice, hearing, and an affirmative vote of at least a majority of board members, may withhold, deny, revoke, or suspend any license issued or applied for under this chapter and may otherwise discipline a licensee or an applicant upon proof the applicant or licensee:
Terms Used In North Dakota Code 43-32-27
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. 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
a. Has been convicted of an offense determined by the board to have a direct bearing upon an individual‘s ability to serve the public in the practice of psychology, or if the board finds, after the conviction of any offense, that an individual is not sufficiently rehabilitated under section 12.1-33-02.1.
b. Is unable to practice psychology with reasonable skill and safety to clients or patients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.
c. Has impersonated another individual holding a license issued under this chapter or allowed another person to use the licensee’s license.
d. Has used fraud or deception in applying for a license or in taking an examination under this chapter.
e. Has allowed the licensee’s name or license issued under this chapter to be used in connection with any person who performs psychological services outside of the area of that person’s training, experience, or competence.
f. Is legally adjudicated insane or mentally incompetent. The record of the adjudication is conclusive evidence of that fact.
g. Has engaged in any form of unethical conduct as defined in the code of ethical conduct adopted by the board by rule.
h. Has become grossly negligent in the practice of psychology. i. Has willfully or negligently violated this chapter.
j. Has engaged in an act in violation of rules adopted by the board.
k. Has had a license revoked or suspended or was disciplined in another jurisdiction.
2. The board shall state in writing the board’s reason for denying a license.
3. The board may assess costs incurred by the board related to investigations and disciplinary actions. By rule, the board may set fees or fines, not to exceed five hundred dollars, for minor infractions of this chapter.
4. An individual whose license has been revoked under this section may not reapply for licensure for at least two years after the date of revocation.
5. Other than the term “in good standing”, by rule, the board shall define terms related to license status, such as “revoked”, “suspended”, “inactive”, and “probationary”.