North Dakota § 43-60-07 - Disciplinary actions

§ 43-60-07. Disciplinary actions

1. The board may cancel, revoke, suspend, or restrict the license of a genetic counselor; may issue public reprimands; and may issue fines, not to exceed one thousand dollars, if the board is satisfied by proof by a preponderance of the evidence, in compliance with chapter 43-17, of any of the following grounds for disciplinary action: a. 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. b. The making of false or misleading statements by a genetic counselor about the counselor's skill. c. The conviction of any misdemeanor determined by the board to have a direct bearing upon the genetic counselor's ability to serve the public as a practitioner of genetic counseling. d. The conviction of a felony, if the requirements of section 12.1-33-02.1 are met. e. Habitual use of alcohol or drugs. f. Physical or mental disability materially affecting the ability to perform the duties of a genetic counselor in a competent manner. g. The performance of any dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public. h. Obtaining any fee by fraud, deceit, or misrepresentation. i. Aiding or abetting the practice of genetic counseling by an unlicensed, incompetent, or impaired person. j. The violation of any provision of this chapter or the rules adopted by the board or the violation of any action, stipulation, condition, or agreement imposed by the board or the board's investigative panels. k. The practice of genetic counseling under a false or assumed name. l. 2. 3. The advertising for the practice of genetic counseling in an untrue or deceptive manner. m. The willful or negligent violation of the confidentiality between genetic counselor and patient, except as required by law. n. Gross negligence in the practice of genetic counseling. o. Sexual abuse, misconduct, or exploitation related to the genetic counselor's practice of genetic counseling. p. The use of any false, fraudulent, or deceptive statement in any document connected with the practice of genetic counseling. q. The imposition by another state or jurisdiction of disciplinary action against a license or other authorization to practice genetic counseling based upon acts or conduct by the genetic counselor which 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. r. The failure to furnish the board or the board's investigative panel or the board's or investigative panel's investigators or representatives information legally requested by the board or the investigative panel. The board shall keep a record of all the board's proceedings in the matter of suspending, revoking, or refusing licenses together with the evidence offered. The board shall deposit in the general fund any fines collected under this section.