NDCC 43-12.1-14. GROUNDS FOR DISCIPLINE PENALTIES

The board may deny, limit, revoke, encumber, or suspend any license or registration to practice nursing issued by the board or applied for in accordance with this chapter; reprimand, place on probation, or otherwise discipline a licensee, registrant, or applicant; deny admission to licensure or registration examination; or require evidence of evaluation and treatment; or issue a nondisciplinary letter of concern to a licensee, registrant, or applicant, upon proof that the person:

1. Has been arrested, charged or convicted by a court, or has entered a plea of nolo contendere to a crime in any jurisdiction that relates adversely to the practice of nursing and the licensee or registrant has not demonstrated sufficient rehabilitation under section 12.1-33-02.1;
2. Has been disciplined by a board of nursing in another jurisdiction, or has had a license or registration to practice nursing or to assist in the practice of nursing or to practice in another health care occupation or profession denied, revoked, suspended, or otherwise sanctioned;
3. Has engaged in any practice inconsistent with the standards of nursing practice;
4. Has obtained or attempted to obtain by fraud or deceit a license or registration to practice nursing, or has submitted to the board any information that is fraudulent, deceitful, or false;
5. Has engaged in a pattern of practice or other behavior that demonstrates professional misconduct;
6. Has diverted or attempted to divert supplies, equipment, drugs or controlled substances for personal use or unauthorized use;
7. Has practiced nursing in this state without a current license or as otherwise prohibited by this chapter;
8. Has failed to report any violation of this chapter or rules adopted under this chapter; or
9. Has failed to observe and follow the duly adopted standards, policies, directives, and orders of the board, or has violated any other provision of this chapter.

Protection of the public is enhanced by the reporting of incidents that may be in violation of North Dakota statutes or grounds for disciplinary action by the board.

Anyone, including a public citizen, patient, family member, co-worker, employer, facility, other regulatory agencies, and even the Board, may file a complaint against a licensed nurse or registered unlicensed assistive person (UAP) for alleged violations of the Nurse Practices Act. Any person who has knowledge of conduct by a licensed nurse or registered UAP that may have violated a nursing law or rule in North Dakota may report the alleged violation to the North Dakota Board of Nursing.

As stated in the Nurse Practices Act (NDCC 43-12.1-11), the law mandates licensees or registrants to report to the Board any knowledge of the performance by others those acts or omissions that are violations of the Nurse Practices Act or grounds for disciplinary action set forth in NDCC 43-12.1-14

Submit your complaint by choosing the button below. Include a written synopsis of the nature of the complaint with as much detail and evidence as possible. You may attach additional documentation if desired.

The person named in the allegation (Respondent) may be given a copy of the complaint in order for the Respondent to submit to the Board a written response to the allegations. Your complaint may be an open or public record under NDCC 44-04-18.

Depending on the complexity and nature of the case, availability of information, coordination and cooperation of witnesses and the licensee, the disciplinary process, including the investigation, proceeding, and disposition of a case, can take anywhere from a few weeks to several months to a year or more. Each case is unique and needs to be considered on its own merits. On average, cases are resolved within 45-60 days from the date they are received in the board office until the date the investigation is completed and the matter is resolved.

Please note that complaints failing to include supporting details or evidence may result in an unopened investigation