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.
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.