Self-reporting and self-referral.

20-06-01-05. Self-reporting and self-referral. 1. A licensee may voluntarily refer or self-report to the administrator or the board for a potentially impairing condition. 2. A licensee: a. Who under this section voluntarily seeks the assistance of the administrator in assessing or dealing with a condition that could possibly lead to impairment will not be reported to the board solely on the basis of this self-referral. However, if a licensee who self-refers or self-reports refuses evaluation by the administrator; if the evaluation reveals evidence of a condition or impairment that could affect the licensee's ability to practice or constitutes a threat to the safety of patients or the public; or if a licensee refuses to cooperate with the treatment plan, monitoring, and followup or aftercare devised by the administrator, including any recommendation about current continuation in practice, the administrator shall report the identity and findings of the evaluation of the licensee to the board. Participation in the program does not protect a licensee from board action resulting from a report of the licensee's possible violations of North Dakota Century Code chapter 43-28. b. Who self-reports or self-refers to the board for a potentially impairing condition may be referred by the board to the administrator in the manner prescribed by board policies and subsequent reporting by the administrator to the board is at the discretion and in the manner prescribed by the board. c. Who is participating in or who has completed a contract for treatment with and has been discharged from the program by the administrator, who is in full compliance with all facets of the treatment plan or has completed treatment and is compliant with aftercare, may answer in the negative on any question on the application to the board for licensure or licensure renewal regarding current impairment by that condition or those conditions for which the licensee is currently participating in or has been discharged from the program by the administrator. However, any recurrence of the impairing condition or conditions or the existence of other potentially impairing conditions that are not currently known to the administrator must be reported on the application. History: Effective April 1, 2026. General Authority: NDCC 43-28-06 Law Implemented: NDCC 43-28-06 3