# Title 32 — Cosmetology, Board of

## Article 32-05 — Individuals

## Chapter 32-05-01 — Licensees, Instructors, and Student Instructors

### § 32-05-01-01. Licensees and instructors.

Every individual desiring to be licensed by the board shall have the qualifications required by North
Dakota Century Code chapter 43-11 applicable to individual license type and the educational
qualifications set forth in title 32 and must make application to the board for licensure prior to
commencing any activity as a licensee.
1. Fee and proof. The application must be accompanied by the required proof of qualification
applicable to the applicant, the appropriate original license fee as determined in North Dakota
Century Code section 43-11-28 .
2. Renewal. Every license must be renewed on or before December thirty-first in each year.
3. Penalty fee. If the licensee fails to renew by the expiration date, a penalty fee as determined
in North Dakota Century Code section 43-11-28 is required.
4. Late renewal fee. If the licensee fails to renew up to five years, a penalty fee as determined in
North Dakota Century Code section 43-11-28 is required. The licensee shall make
reinstatement application to the board, pay appropriate penalty fee, and retake and pass the
most current North Dakota state laws rules and regulations examination.
5. Change of name or address. Every licensee shall notify the board in writing of any change of
residence address. Every licensee shall make application for individual name change to the
board and provide supporting court documentation of name change.
6. License displayed. Every licensee shall display their current license in clear view to the
public.

7. Continuing education. Commencing with the 2028 license renewal cycle, and for all renewal
cycles occurring thereafter, each licensee, except otherwise provisioned by rule, shall
complete annual continuing education which must commence on the calendar year following
the year in which the initial license was issued to ensure knowledge of safety protocols for
emerging products and procedures and regulatory changes is maintained. Continuing
education includes:
a. Hours. Each licensee shall complete at least four hours of board-approved continuing
education annually.
b. Format. Continuing education may be completed in person, online, or virtually.
c. Approval. All continuing education must be from board-approved courses or programs.
d. Mandatory topics. The board may annually require specific topics within the four hours.
The board shall post mandatory topics, if applicable, on its website by February fifteenth
annually.
e. Trade shows. A maximum of one hour of continuing education annually is allowed for
industry related trade show general attendance.
History: Amended effective July 1, 1988; July 1, 1990; March 1, 1998; January 1, 2002; December 1,
2005; January 1, 2012; January 1, 2017; April 1, 2022; January 1 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-13, 43-11-14, 43-11-21, 43-11-22, 43-11-23, 43-11-24, 43-11-25,
43-11-28
### § 32-05-01-01.1. License without examination.

Repealed effective January 1, 2026.
### § 32-05-01-01.2. Endorsement with examination.

An individual for licensure by endorsement, who otherwise satisfies all conditions of North Dakota
Century Code section 43-11-25, is required to successfully pass required examinations as determined
by the board if any of the following conditions exist:
1. An individual has held a license in another jurisdiction for a period of less than one year at the
time the application is submitted.
2. An individual's original licensing jurisdiction did not require the NIC practical and NIC theory
examination or equivalent examination for licensure, and the applicant has held that license
for a period of less than three years at the time the application is submitted.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-25
### § 32-05-01-02. Master cosmetologists.

Repealed effective January 1, 2026.

### § 32-05-01-03. Instructors.

Each instructor shall complete annual continuing education to ensure knowledge of up to date
teaching methods, industry trends, and regulatory changes is maintained. Continuing education
includes:
1. Hours. Instructors shall complete at least twelve hours of board-approved continuing
education annually which must commence on the calendar year following the year in which
the initial license was issued.
2. Format. Continuing education may be completed in person, online, or virtually.
3. Approval. All continuing education must be from board-approved courses or programs.
4. Mandatory topics. The board may annually require specific topics within the twelve hours.
The board shall post mandatory topics, if applicable, on its website by February fifteenth
annually.
5. Trade shows. A maximum of one hour of continuing education annually is allowed for general
trade show attendance.
History: Amended effective July 1, 1988; July 1, 1990; March 1, 1998; December 1, 2005; January 1,
2017; April 1, 2022; January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-13, 43-11-14, 43-11-22, 43-11-23, 43-11-27, 43-11-28
### § 32-05-01-04. Student instructors.

Every individual desiring to be a student instructor shall have the qualifications required by North
Dakota Century Code chapter 43-11 applicable to student instructors and shall make application in
writing to the board before enrollment in a registered school. Upon board approval of the application,
the individual may enroll in a licensed school.
1. Fee. There must be a fee as determined in North Dakota Century Code section 43-11-28 for
application and registration of student instructors with the board.
2. Contents and certification. The school of the approved student must certify in writing to the
board the name, age, and qualifications of the student instructor, and the board must record
the information in a student instructor register.
3. Application. Upon completion of the required program prescribed for student instructors, the
student instructor must make written application to the board, and must be accompanied by a
fee as determined in North Dakota Century Code section 43-11-28.
4. Examination. The time, place, and date of the examinations for instructor's licenses must be
set by the board. The examination fee as determined in North Dakota Century Code section
43-11-28.
5. Examination deadline and provisional student teaching. Instructor license applicants shall
pass all required examinations within sixty days of program completion. Pending examination
results, graduates may engage in student teaching under direct supervision in approved
schools, following board student instructor rules.
6. Lapse of provisional practice and examination failure remediation. Failure to pass all
examinations within sixty days terminates student teaching privileges until full licensure. Two
failed examination attempts require re-enrollment in a board-approved instructor program for

two hundred hours of didactic and hands-on practical. Clinic floor supervision is not permitted
during this re-enrollment. Upon completion, an applicant may retake failed examinations.
7. Student instructor classification and compensation. Individuals engaged in student
teaching shall maintain the classification of "student instructor" and may not be considered
employees of the school. While schools may, at their discretion, provide a stipend or other
form of financial support to student instructors, such compensation may not alter the student
instructor's classification. All student teaching activities must adhere,to the regulations
established by the board to ensure the educational nature of the experience and the
appropriate supervision of students.
History: Amended effective July 1, 1988; December 1, 2005; April 1, 2022; January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-13, 43-11-14, 43-11-22, 43-11-23, 43-11-27, 43-11-28
### § 32-05-01-05. Demonstrators.

Repealed effective March 1, 1998.
### § 32-05-01-06. Esthetician.

Repealed effective January 1, 2026.
### § 32-05-01-06.1. Master esthetician.

Repealed effective January 1, 2026.
### § 32-05-01-07. Manicurist.

Repealed effective January 1, 2026.
### § 32-05-01-07.1. Master manicurist.

Repealed effective January 1, 2026.
### § 32-05-01-08. Advanced esthetician.

1. Continuing education. Each advanced esthetician shall complete annual continuing
education which must commence on the calendar year following the year in which the initial
license was issued to ensure knowledge of safety protocols for emerging products and
procedures and regulatory changes is maintained. Continuing education includes:
a. Hours. Each advanced esthetician shall complete at least eight hours of board-approved
continuing education annually.
b. Format. Continuing education may be completed in person, online, or virtually.
c. Approval. All continuing education must be from board-approved courses or programs.
d. Mandatory topics. The board may annually require specific topics within the eight hours.
The board shall post mandatory topics, if applicable, on its website by February fifteenth
annually.

e. Trade shows. A maximum of one hour of continuing education annually is allowed for
industry related trade show general attendance.
2. Scope and limitations. Each licensed advanced esthetician in North Dakota is authorized to
perform the following procedures in a licensed establishment:
a. All services permitted within the scope of practice of a licensed esthetician.
b. Microneedling, encompassing both cosmetic and advanced needling techniques.
Microneedling certification required.
c. Advanced chemical peels, which includes the application of combination peels. Chemical
peel certification required.
d. Extractions utilizing lancets.
e. Nonablative procedures. Laser certification required.
3. Limitations and supervision requirements. Advanced estheticians are permitted to perform
the procedures outlined in subsection 2 and specific limitations regarding direction or
supervision are as follows:
a. Advanced needling procedures require direction or supervision by a licensed health care
provider.
b. Chemical peels utilizing an exfoliant formulated to penetrate beyond the epidermis,
compounded in a pharmacy or a formulation that necessitates administration by a
licensed health care provider due to its depth of exfoliation require direction or
supervision by a licensed health care provider.
c. Nonablative procedures require direction or supervision by a licensed health care
provider.
4. Direction and supervision are outlined as follows and must be documented:
a. "Direction" means the comprehensive, overarching authority and responsibility a licensed
physician, physician assistant, or advanced registered nurse has over an advanced
esthetics practice. This involves establishing and approving all medical protocols,
delegating specific procedures, and ensuring the practice operates in compliance with all
relevant laws and standards of care.
b. "Documented supervision" means the creation and maintenance of a formal, written
record for each advanced esthetic procedure that requires medical oversight. This record
serves as legal proof of compliance and must include:
(1) The specific procedure performed;
(2) The date and time of the procedure;
(3) The name and license number of the supervising medical professional and licensed
advanced esthetician; and
(4) A clear attestation that the required level of supervision was provided and that the
supervising professional is accountable for the patient's care.
c. "Supervision" means the active, direct, and continuous oversight of an advanced
esthetician by a licensed medical professional. It requires the supervising professional to
be available for immediate consultation and to have ultimate responsibility for all

delegated medical procedures. The degree of supervision is determined by the
complexity of the procedure and the specific protocols established by the supervising
professional.
5. Licensed health care provider. The supervising health care provider shall hold an active,
unencumbered North Dakota license in their respective profession and be sufficiently trained
or certified in the specific procedures being supervised. Proof of such training or certification
must be maintained and available to the board upon request. Health care providers eligible to
oversee advanced estheticians are the following:
a. A physician licensed under North Dakota Century Code chapter 43-17;
b. A physician assistant licensed under North Dakota Century Code chapter 43-17; or
c. An advanced practice registered nurse licensed under North Dakota Century Code
chapter 43-12.1.
6. Supervision requirements.
a. Collaborative agreement. A formal, written document, jointly developed and executed
between a licensed advanced esthetician and a supervising health care provider must be
in place prior to the advanced esthetician performing services requiring supervision. The
agreement must define procedures performed, written protocols, and oversight
mechanisms for all advanced esthetic procedures requiring oversight that are performed
by the advanced esthetician.
b. Written protocols. An individual written protocol must be established for each procedure
performed under the supervision of a health care provider. This protocol must be signed
and dated by both the individual advanced esthetician and the supervising health care
provider, reviewed annually, and maintained at the practice location for each type of
procedure performed. The protocol must detail:
(1) Specific procedures covered and devices used.
(2) Device parameters and settings guidelines.
(3) Criteria for client selection and contraindications.
(4) Preprocedure and postprocedure care instructions.
(5) Plan for managing potential complications and adverse events.
(6) Emergency procedures and contact information.
(7) Method and frequency of supervision, including requirements for supervisor
availability either via telecommunication or in person during procedures.
(8) Method and frequency for supervisor review of client records and outcomes.
(9) Requirements for client consultation with the supervising health care provider,
specifying, at minimum:
(a) Criteria or circumstances requiring an initial in-person or telehealth consultation
between the client and the supervising health care provider prior to the first
procedure.

(b) Procedures for supervisor review and approval of the advanced esthetician's
initial assessment and proposed treatment plan if an initial client-supervising
health care provider consultation is not mandated by the protocol's criteria.
(c) The minimum frequency and circumstances under which the supervising health
care provider must review the client's progress or conduct followup
consultations during a series of treatments.
c. Health care provider availability. The supervising health care provider must be readily
available for consultation during the hours procedures are performed, as defined in the
written protocol. "Readily available" means reachable by telecommunication and able to
respond promptly, generally expected within thirty minutes, to address urgent issues or
clinical questions arising during treatment. The protocol must specify the methods of
contact. The health care provider must be physically onsite a minimum of four hours per
week. A log of these hours must be maintained.
d. Health care provider responsibility. The supervising health care provider is responsible
for ensuring that the supervision provided complies with all statutes, rules, and standards
of practice applicable to their specific license as determined by their respective regulatory
licensing board. Compliance with this section does not absolve the health care provider
of the professional responsibilities under the provider's own licensing act.
e. Protocol submission. A complete, signed, and dated copy of the collaborative
agreement accompanied by any written protocols required under this section must be
submitted to the board office prior to the commencement of supervised procedures and
upon any subsequent revision. The protocol must be available to the board during
inspection of the establishment.
f. Change of health care provider notification. The establishment and advanced
esthetician shall notify the board in writing within forty-eight hours of any change in the
supervising health care provider. This notification must include the name and contact
information of the new supervising health care provider and be accompanied by a new
collaborative agreement that is signed by each advanced esthetician and the new health
care provider. Advanced estheticians may not perform procedures requiring health care
provider supervision immediately upon the termination of an agreement until such time a
new valid, signed collaborative agreement with an active supervising health care provider
is on file with the board and at the establishment.
g. Supervision across multiple locations. A single supervising health care provider may
supervise advanced estheticians performing procedures at multiple licensed
establishments, provided that:
(1) The health care provider can realistically meet the availability requirements outlined
in this article for all locations under the provider's supervision with a maximum of
five locations at a time.
(2) A separate, written protocol specific to the devices, procedures, and staff at each
individual location is developed, signed by the health care provider and each
advanced esthetician at each location, submitted to the board, and maintained at
each respective establishment.
h. Termination of supervision agreement.
(1) If a supervision agreement documented in a collaborative agreement is terminated
by either the supervising health care provider or the advanced esthetician, the

terminating party shall notify the board in writing within forty-eight hours of the
termination date.
(2) Upon termination of the supervision agreement, the advanced esthetician
immediately shall cease performing all procedures that require health care provider
supervision under these rules.
(3) The advanced esthetician may only resume performing such procedures after
establishing a collaborative agreement with a new qualified health care provider and
providing the board office with a copy of the collaborative agreement and written
protocols that meet the requirements of this section.
7. Device compliance and maintenance.
a. All laser, light, and energy devices must be FDA cleared or approved for the specific
intended cosmetic use. Proof of FDA status must be available.
b. Devices must be used, maintained, and calibrated strictly in accordance with
manufacturer's instructions and safety guidelines. Maintenance and calibration logs must
be kept and made available for inspection.
8. Laser safety requirements. For licensed facilities using nonablative laser or light and energy
devices, a laser safety program, consistent with American national standards institute Z136.3
principles, must be implemented, and must include the following:
a. Laser safety officer.
(1) Designation and qualification. Designation of a laser safety officer who has
obtained certification from a board-approved laser safety officer training program is
required. Such certification must demonstrate competency consistent with the
requirements of the American national standards institute Z136.3 and relevant
occupational safety and health administration standards. A licensed advanced
esthetician who meets these certification requirements may serve as the laser
safety officer. Proof of current laser safety officer certification must be maintained
and available during inspection.
(2) Responsibilities. The officer is responsible for overseeing and enforcing the
establishment's laser, light and energy device safety program, including:
(a) Hazard evaluation;
(b) Specifying control measures;
(c) Verifying operator training and credentials;
(d) Ensuring compliance with all safety protocols and recordkeeping requirements;
and
(e) Conducting periodic safety audits.
(3) Recordkeeping. The laser safety officer shall establish and maintain specific laser
safety records, including:
(a) Current certification.
(b) Inventory of all class 3B and class 4 lasers.

(c) Documentation of hazard assessments for each laser treatment-controlled
area.
(d) Written laser safety policies and standard operating procedures.
(e) Records of laser safety training for all personnel working in or having access to
the laser treatment-controlled area.
(f) Records verifying appropriate laser protective eyewear are available and
periodically inspected.
(g) Device service and maintenance logs.
(h) Records of internal laser safety audits and corrective actions taken.
(4) Laser safety officer per location requirement. Each licensed establishment
where nonablative laser procedures are performed shall designate a certified laser
safety officer specifically for that location. An exception allowing a single certified
laser safety officer to oversee multiple locations may be granted only upon written
application to and approval from the board. The application must demonstrate, to
the board's satisfaction, how the officer will effectively fulfill all required duties at
each specified location, including regular onsite presence, audits, record
maintenance, and availability.
b. Laser, light and energy treatment-controlled area. Establishment of a
treatment-controlled area where laser, light or energy procedures are performed,
controlling access during operation.
c. Warning signage. Use of appropriate American national standards institute-compliant
laser warning signs at entrances to the laser treatment-controlled area and appropriate
warning signs for light and energy treatment areas.
d. Protective eyewear. Provision and mandatory use of appropriate protective eyewear
specifically designed to filter the wavelengths of light or energy emitted by the device
being used for the licensee, client, and any other individuals within the
treatment-controlled area during operation.
e. Hazard control. Implementation of controls for beam hazards such as window
coverings, nonreflective surfaces where applicable and nonbeam hazards such as plume
evacuation for procedures generating airborne contaminants, electrical safety.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-13, 43-11-21, 43-11-22, 43-11-23, 43-11-24, 43-11-25, 43-11-26.1,
43-11-27.2, 43-11-28
### § 32-05-01-08.1. Nonablative laser certification requirements.

1. Didactic training requirements.
a. An advanced esthetician applying for cosmetic laser certification shall complete a
minimum of forty hours of didactic instruction through a board-approved training provider,
which may be delivered in person or through a distance learning format.
b. The curriculum for didactic training must include, at a minimum:
(1) Principles of laser and intense pulsed light physics and fundamentals;

(2) Human skin and hair biology, including Fitzpatrick skin typing;
(3) Indications and contraindications for laser procedures;
(4) Client consultation, assessment, and informed consent procedures;
(5) Laser safety, hazard control, and protective measures;
(6) Infection control and universal precautions;
(7) Equipment operation, calibration, and maintenance; and
(8) Documentation, recordkeeping, and post-treatment care protocols.
2. Hands-on clinical training requirements.
a. An advanced esthetician shall complete a minimum of forty-eight hours of supervised
hands-on clinical training that involves direct use of approved laser and intense pulsed
light devices on live models or patients.
b. Clinical training may be conducted in any of the following settings:
(1) A licensed establishment, or similar clinical setting under the supervision of a
qualified licensed health care provider as defined in this section; or
(2) A board-approved laser training facility or a board-licensed school.
c. The hands-on clinical training must include direct experience with FDA-cleared laser and
intense pulsed light devices and must include, at a minimum:
(1) Ten laser hair removal procedures;
(2) Ten photo rejuvenation or intense pulsed light skin rejuvenation procedures;
(3) Ten procedures addressing benign pigmented or vascular lesions; and
(4) Observation and simulation of emergency procedures and adverse event response.
The supervising instructor or supervising health care provider must be present in the
room during treatments and must document all procedures and certify the
applicant's competency by submitting a signed affidavit to the board.
3. Laser safety and competency certification.
a. Applicants shall pass a laser safety examination approved by the board, which must be
based on recognized safety standards such as American national standards institute
b. A complete application for certification must include:
(1) Verification of didactic training;
(2) Verification of clinical training and signed affidavit of competency; and
(3) Proof of passing the board-approved laser safety examination.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-27.2

### § 32-05-01-08.2. Microneedling certification requirements.

1. An active North Dakota advanced esthetician license is required.
2. Completion of a board-approved certification course and instructor attestation is required. The
course:
a. Must be board-approved twelve-hour program consisting of didactic and hands-on
training;
b. May be conducted in licensed schools or other board-approved locations;
c. Must include a minimum of three hours comprehensive didactic training either in person
or distance learning;
d. Must include a minimum six hours in-person, supervised hands-on training;
e. Instructors must be approved by the board; and
f. Certificate of completion must be submitted to the board prior to performing
microneedling procedures. Certificate must include at minimum:
(1) Name of instructor and student;
(2) Date of course completion;
(3) Total hours completed; and
(4) An attestation in writing and signed by instructor verifying applicant's successful
hands-on competency.
3. Microneedling is prohibited without valid certification and advanced esthetician license.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-26.2
### § 32-05-01-08.3. Advanced chemical peel certification requirements.

1. An active North Dakota advanced esthetician license is required.
2. Completion of a board-approved eight-hour hybrid certification course and instructor
attestation for hands-on competency from board-approved certification course is required. The
course:
a. Must be a minimum of an eight-hour course consisting of didactic and hands-on training;
b. May be conducted in licensed schools or other board-approved locations;
c. Must include comprehensive didactic training either in person or distance learning;
d. Must include in-person training supervised, hands-on training;
e. Instructors must meet board qualifications; and
f. Certificate of completion must be submitted to the board prior to performing
microneedling procedures. Certificate must include at minimum:
(1) Name of instructor and student;

(2) Date of course completion;
(3) Total hours completed; and
(4) An attestation in writing and signed by instructor verifying applicant's successful
hands-on competency.
3. Advanced chemical peel procedures are prohibited without valid certification and an advanced
esthetician license.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-26.2
### § 32-05-01-09. Legacy license status.

Legacy license status honors the long-term commitment of licensees who have held a North
Dakota license for forty-five years or longer and who are no longer actively engaged in the profession.
1. Eligibility.
a. An individual holds an active license which has remained active for forty-five or more
cumulative years, verifiable by the board;
b. The license must be in good standing or the individual must be eligible for reinstatement
under North Dakota Century Code section 43-11-29;
c. The individual is not currently engaged in licensed practice;
d. The individual makes application to the board and pays the appropriate fee; and
e. The individual renews on or before December thirty-first in each year.
2. Not in practice.
a. The licensee is not performing any of the acts or services defined under North Dakota
Century Code chapter 43-11 for compensation or as part of any business or employment
arrangement. This includes:
(1) Providing services for compensation;
(2) Advertising or holding out as available to provide services;
(3) Managing or operating a licensed establishment; or
(4) Supervising licensed individuals or students.
b. Uncompensated volunteer activities may be excluded and must be reviewed by the
board or its designees for determination. Advanced esthetic procedures may not be
performed under legacy license status.
c. Limitations. A legacy licenseholder is authorized to identify themselves as a "Licensed
[License Type] - Legacy Status." Legacy license status prohibits an individual from
performing services as defined in North Dakota Century Code chapter 43-11 for
compensation.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-28

### § 32-05-01-10. Advanced esthetician grandfather clause application process.

1. Application period. An individual must apply on or before December 31, 2027.
2. Eligibility and required documentation. To apply for an advanced esthetician license under
the grandfather clause, a North Dakota-licensed cosmetologist or esthetician shall meet the
following requirements and provide the corresponding documentation:
a. Current North Dakota license. Hold an active North Dakota cosmetologist or
esthetician license since January 1, 2025, or before.
b. Safety and infection control education. Provide proof of completion of a board-
approved four-hour safety and infection control training.
c. Bloodborne pathogen certification. Provide proof of an active occupational safety and
health administration bloodborne pathogens certification.
d. First aid and cardiopulmonary resuscitation certification. Provide proof of an active
first aid and cardiopulmonary resuscitation certification from a board-approved
recognized certifying body such as American red cross or American heart association.
e. Practical experience or training.
(1) Supervised clinical experience. Provide a notarized affidavit from a supervising
medical professional. This affidavit must certify that the applicant worked in-person
and under their direct supervision and control for a minimum of three hundred hours
of actual service work within the five years immediately preceding the application; or
(2) Advanced esthetics training.
(a) Provide proof of completing one hundred fifty hours of advanced esthetics
training approved by the board.
(b) These training hours may be achieved through hands-on or distance learning
from reputable manufacturers or institutions.
(c) Training may be comprised of one or more courses to achieve the one hundred
fifty hours.
(d) Training must have been completed within the past five years.
3. General application steps.
a. Fill out the advanced esthetician grandfathering application accurately;
b. Pay the required original advance esthetician licensing fees as determined in North
Dakota Century Code section 43-11-28; and
c. Submit the application to the board office with all required documentation as outlined
above. The application must be postmarked on or before December 31, 2027.
If a licensed cosmetologist or esthetician does not meet these grandfather clause requirements or
fails to apply by December 31, 2027, the individual shall complete five hundred hours of training in
advanced esthetics in a board-approved program to obtain the advanced esthetician license.
History: Effective January 1, 2026.
General Authority: NDCC 43-11-05
Law Implemented: NDCC 43-11-26.1
