# Title 50 — North Dakota Board of Medicine

## Article 50-02 — Physician Licensure

## Chapter 50-02-13 — Resident Licensure

### § 50-02-13-01. Definitions.

As used in this chapter:
1. "Approved postgraduate training program" means a postgraduate training program approved
by the accreditation council for graduate medical education.
2. "Board" means the North Dakota board of medicine.
3. "Resident" means a person who is enrolled in an approved postgraduate training program.
History: Effective May 1, 2000; amended effective April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-02. License requirement.

A person may not participate in an approved postgraduate training program in this state unless that
person has first been granted a license by the board.
History: Effective May 1, 2000; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-02.1. License requirement - Exception.

The provisions of section 50-02-13-02 notwithstanding, a resident who is enrolled in an approved
postgraduate training program in another state may complete a rotation in this state without obtaining a
North Dakota license if:
1. The out-of-state postgraduate training program is accredited by the accreditation council for
graduate medical education;
2. Participation in the North Dakota rotation is an official component of the participant's
postgraduate training program;
3. The North Dakota rotation will be completed within ninety days or less; and
4. The participant holds a valid unencumbered license to participate in postgraduate training
programs in the state in which the participant's postgraduate training program is located. If
that state does not require residents to hold a license, then the individual must obtain a North
Dakota license before beginning the rotation in this state.

The director of the postgraduate training program shall provide written notice to the board with the
names of individuals and the state of licensure who are practicing under this exception within twenty
days.
History: Effective November 1, 2002; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-03. Qualifications.

The board may issue an approved postgraduate training license to an applicant who meets each of
the following requirements:
1. The applicant is enrolled in an approved postgraduate training program within the state of
North Dakota;
2. The applicant meets all qualifications for permanent licensure except those requirements
pertaining to postgraduate training and the examination requirement specified in North Dakota
Century Code section 43-17-18; and
3. The applicant has paid the prescribed fee.
History: Effective May 1, 2000; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-04. Applications.

Applications for a postgraduate training license or the annual renewal of an approved postgraduate
training license must be submitted to the office of the board upon such forms as are supplied by the
board or otherwise approved by the board. The board may require any applicant to appear for an
interview regarding the applicant's qualifications for licensure. The board shall establish a policy setting
forth the criteria used in determining which applicants will be required to appear for such interviews.
History: Effective May 1, 2000; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-05. Scope of practice.

A postgraduate training license only authorizes the person receiving that license to practice within
the context of an approved postgraduate training program and does not authorize that person to
engage in the private practice of medicine or otherwise practice medicine outside the scope of the
postgraduate training program.
History: Effective May 1, 2000; amended effective April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-06. Discipline.

Individuals who have been granted an approved postgraduate training license are subject to the
board's disciplinary authority as specified in North Dakota Century Code chapters 43-17 and 43-17.1
and a postgraduate training license may be revoked if:
1. The individual to whom that license was issued ceases to be enrolled in a postgraduate
training program in this state; or

2. The individual to whom that license was issued engages in the practice of medicine outside
the scope of a postgraduate training program.
Upon verification under section 50-02-13-08 that a resident has been terminated or resigned from
the postgraduate training program, the license automatically expires. The expiration of a resident's
license does not preclude the board from taking disciplinary action as provided in this section.
History: Effective May 1, 2000; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-07. Period of licensure.

A postgraduate training license may, in the discretion of the board, be issued for a period of one or
more years. However, in no event shall the license be issued for a period of time exceeding the date on
which the applicant is reasonably expected to complete the approved postgraduate training program for
which the license is being issued.
In the event a license is issued for a period of time exceeding one year, the board may
nevertheless require the licensee to periodically supply information to the board regarding the
licensee's credentials and ability to practice in a competent and safe manner. Failure to provide that
information to the board will constitute a violation of subdivision bb of subsection 1 of North Dakota
Century Code section 43-17-31.
The board may issue a temporary postgraduate training license to allow the applicant to participate
in an approved postgraduate training between the time the application is submitted to the board's office
and the time of the next meeting of the board. A temporary postgraduate training license may not be
issued if the application file contains significant derogatory information.
History: Effective May 1, 2000; amended effective April 1, 2006; October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-08. Reporting requirements.

A person holding a postgraduate training license is subject to the mandatory reporting requirements
specified in North Dakota Century Code section 43-17.1-05.1. In addition to the requirements imposed
under North Dakota Century Code section 43-17.1-05.1, a postgraduate training licensee and the
director of each postgraduate training program must report within ten days the following circumstances
to the board's investigative panels:
1. The termination or resignation of a resident for any reason, including poor academic
performance.
2. The imposition of sanctions against a resident for reasons other than poor academic
performance.
History: Effective May 1, 2000; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
### § 50-02-13-09. Fees.

The fee for a postgraduate training license is one hundred dollars for the duration of the
postgraduate training program. That fee shall be paid in full at the time the license is issued.
History: Effective May 1, 2000; amended effective April 1, 2006; July 1, 2013; April 1, 2024.

General Authority: NDCC 43-17-02.5
Law Implemented: NDCC 43-17-02.5
