Section 50-03-01-11 - Grounds for disciplinary actionThe board may deny an application for licensure or may take disciplinary action against a physician assistant upon any of the following grounds:
1. Failing to demonstrate the qualifications for licensure under this act or the regulations of the board.2. Soliciting or receiving any form of compensation from any person other than the physician assistant's employer or third-party payer for services performed as a physician assistant.3. The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements.4. The making of false or misleading statements about the physician assistant's skill or the efficacy of any medicine, treatment, or remedy.5. The conviction of any misdemeanor, determined by the board to have a direct bearing upon a person's ability to serve the public as a physician assistant, or any felony. A license may not be withheld contrary to the provisions of North Dakota Century Code chapter 12.1-33.6. Use of alcohol or drugs to such a degree as to interfere with the licensee's ability to safely practice medicine.7. Physical or mental disability materially affecting the ability to perform the duties of a physician assistant in a competent manner.8. Aiding or abetting the practice of medicine by a person not licensed by the board or by an incompetent or impaired person.9. Gross negligence in the performance of the person's duties as a physician assistant.10. Manifest incapacity or incompetence to perform as a physician assistant.11. The willful or negligent violation of the confidentiality between physician assistant and patient, except as required by law.12. The performance of any dishonorable, unethical, or unprofessional conduct.13. Obtaining any fee by fraud, deceit, or misrepresentation.14. The violation of any provision of a physician assistant practice act or the rules and regulations of the board, or any action, stipulation, condition, or agreement imposed by the board or its investigative panels.15. Representing himself or herself to be a physician.16. The advertising of the person's services as a physician assistant in an untrue or deceptive manner.17. Sexual abuse, misconduct, or exploitation related to the licensee's performance of the licensee's duties as a physician assistant.18. The prescription, sale, administration, distribution, or gift of any drug legally classified as a controlled substance or as an addictive or dangerous drug for other than medically accepted therapeutic purposes.19. The failure to comply with the reporting requirements of North Dakota Century Code section 43-17.1-05.1.20. A continued pattern of inappropriate care as a physician assistant.21. The use of any false, fraudulent, or deceptive statement in any document connected with the performance of the person's duties as a physician assistant.22. The prescribing, selling, administering, distributing, or giving to oneself or to one's spouse or child any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug.23. The violation of any state or federal statute or regulation relating to controlled substances.24. The imposition by another state or jurisdiction of disciplinary action against a license or other authorization to perform duties as a physician assistant based upon acts or conduct by the physician assistant that would constitute grounds for disciplinary action as set forth in this section. A certified copy of the record of the action taken by the other state or jurisdiction is conclusive evidence of that action.25. The lack of appropriate documentation in medical records for diagnosis, testing, and treatment of patients.26. The failure to furnish the board or the investigative panel, their investigators or representatives, information legally requested by the board or the investigative panel.27. Noncompliance with the physician health program established under North Dakota Century Code chapter 43-17.3.N.D. Admin Code 50-03-01-11
Amended effective July 1, 1988; November 1, 1993; April 1, 1996; October 1, 1999; August 1, 2002.Amended by Administrative Rules Supplement 375, January 2020, effective 1/1/2020.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 43-17-02.1
Law Implemented: NDCC 43-17-02.1