What is a Violation

A violation is any action taken by a licensee of this board that is contrary to the Board’s law or administrative code. 

Board’s Authority

The Board is authorized by law to take disciplinary action against a license if the licensee has violated the law and/or administrative code.  The law establishing the Board was enacted by the legislature as a means of protecting the safety and welfare of the public.  N.D.C.C. 43-42-08 grants the Board authority to take action against a license of any person who practices polysomnography or respiratory care in violation of N.D.C.C. 43-42.

Is it a Violation?

The Board and its legal counsel may not offer legal advice to the public or licensees.  If you feel you need advice on whether or not to report a potential violation, you should seek private legal counsel.

Unlicensed Practice of Clinical Laboratory Testing

Persons practicing respiratory therapy or polysomnography without a valid North Dakota license are breaking the law.  The Board has no jurisdiction over these individuals as they do not hold a license under the Board.  Such persons should be reported to the county state’s attorney for possible prosecution.