# Title 43 — Occupations and Professions

## Chapter 43-32 — Psychologists

### § 43-32-01. Definitions.

1. "Board" means the North Dakota state board of psychologist examiners.
2. "Industrial-organizational psychologist" means an individual who is licensed under this
chapter to engage in the practice of industrial-organizational psychology.
3. "Industrial-organizational psychology" means the provision of psychological research
services or consultation services to a group or an organization. The term does not
include the delivery or supervision of services to individuals who are themselves,
rather than the group or organization, the intended beneficiaries of the services,
regardless of the source or extent of payment for services rendered.
4. "Industrial-organizational psychology resident" means an individual who has met the
requirement of subdivision b of subsection 2 of section 43-32-20, is involved in
supervised employment in industrial-organizational psychology, and has registered
with the board.
5. "Licensee" means an industrial-organizational psychologist or a psychologist.
6. "Practice of psychology" means the observation, description, evaluation, interpretation,
or modification of human behavior by the application of psychological principles,
methods, and procedures for the purpose of preventing or eliminating symptomatic,
maladaptive, or undesired behavior and enhancing interpersonal relationships, work
and life adjustment, personal effectiveness, behavioral health, and mental health. The
term includes psychological testing and the evaluation or assessment of personal
characteristics, such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning; counseling, psychotherapy, biofeedback, behavior
analysis and therapy, clinical applications of hypnosis, and other therapeutic
techniques based on psychological principles; diagnosis and treatment of mental and
emotional disorder or disability, compulsive disorders, disorders of habit or conduct as
well as of the psychological aspects of physical illness, accident, injury, or disability;
and psychoeducational evaluation, therapy, remediation, and consultation. The term
includes providing psychological services to individuals, families, groups,
organizations, institutions, and the public regardless of whether payment is received
for services rendered. The term includes supervising others who are engaged in the
practice of psychology.
7. "Psychologist" means an individual who is licensed under this chapter in the practice
of psychology.
8. "Psychology resident" means an individual who is registered by the board and is
actively engaged in supervised practice.
9. "School or college" means any university or other institution of higher learning which is
accredited by a regional accrediting association, offering a full-time graduate course of
study in industrial-organizational psychology or psychology as appropriate.
### § 43-32-02. State board of psychologist examiners - How appointed - Qualifications.

The governor shall appoint a state board of psychologist examiners consisting of seven
members, all of whom are residents of the state. One board member must be designated a
public member who is a resident of this state, is at least twenty-one years of age, and is not
affiliated with any group or profession that provides or regulates health care in any form. Of the
remaining six board members, at least one member must be engaged primarily in providing
service in psychology, and at least one member must be engaged primarily in teaching, training,
or research in psychology. Except the public member, each member must be licensed under this
chapter for at least five years.
### § 43-32-03. Tenure of members - Vacancies and oath of office.

The term of office of each member of the board is three years and until a successor is
appointed and qualified. The governor shall fill all vacancies by appointment. In case of a

vacancy before the expiration of a term, the appointment must be for the remainder of the term
only. An individual appointed to the board qualifies by taking the oath required of civil officers.
### § 43-32-04. Removal of members.

The governor may remove any member of the board for unprofessional conduct,
incompetency, or neglect of duty after giving such member a written statement of the reasons
for removal and after such member has had an opportunity to be heard thereon.
### § 43-32-05. Compensation of members - Expenses of board and members.

Each member of the board serves without compensation, but is entitled to receive
reimbursement for board expenses, mileage, and travel expenses while engaged in the
performance of board duties as provided in section 54-06-09. The secretary of the board is
entitled to receive salary or other compensation and allowance for clerical and other expenses
of the board, as the board determines.
### § 43-32-06. Officers of the board.

The board shall elect annually a president and vice president from its own number and a
secretary who need not be a member of the board.
### § 43-32-06.1. Authority to appoint or employ.

The board may appoint, contract with, or employ persons to assist the board in carrying out
its duties under this chapter.
### § 43-32-07. Meetings of board.

The board shall hold at least one regular meeting each year. Additional meetings may be
held upon call of the president or at the written request of the governor or of any two members
of the board. The meetings must be held at such places as the board may designate.
### § 43-32-08. Rules.

The board may adopt rules as necessary to enable the board to carry into effect the
provisions of this chapter. The rules may include a code of ethics for licensees. The board shall
adopt rules defining what programs of study are substantially psychological in nature and what
educational programs are acceptable for the licensing of psychologists and
industrial-organizational psychologists.
### § 43-32-08.1. Continuing education requirements.

The board shall adopt rules establishing requirements for the continuing education of all
licensees, psychology residents, and industrial-organizational psychology residents. The board
may refuse to renew, suspend, revoke, or place on probationary status any license issued under
this chapter if the licensee fails to meet applicable continuing education requirements. Sponsors
of continuing education courses, classes, or activities may be charged a reasonable fee
determined by the board.
### § 43-32-08.2. Continuing education requirements - Renewal.

Absent a showing of good cause, the board may not renew a license issued under this
chapter without proof the continuing education requirements under section 43-32-08.1 have
been met. An individual whose license is not renewed because of failure to meet the continuing
education requirements must be reinstated and the license renewed if, within one year from the
date of nonrenewal, the individual demonstrates to the secretary of the board the continuing
education requirements have been satisfied, pays the renewal fee, and pays a late fee to be
determined by rule of the board.
### § 43-32-09. Examination of qualifications of applicants.

The board shall examine for, deny, approve, revoke, suspend, and renew the licensing of
applicants as provided under this chapter.

### § 43-32-10. Power of board to administer oaths - Conduct hearings - Summon

witnesses - Take testimony.
The members of the board and the secretary may administer oaths. The board may
summon witnesses as provided in chapter 28-32 and take testimony in all matters relating to its
duties, including the enforcement of the provisions and purposes of this chapter and the rules
adopted by the board.
### § 43-32-11. Annual reports.

Each year, the board may transmit to the governor, with a copy thereof to the secretary of
state and to the North Dakota psychological association, a full report of all activities under this
chapter, together with a report of all receipts and disbursements.
### § 43-32-12. Application and fee for licensure.

The board shall adopt rules establishing the amount of the application fee for licensure. A
fee is not refundable.
### § 43-32-13. Annual license fee.

Annually, the board shall mail or transmit by electronic mail a renewal notice and application
to each licensee at the address or electronic mail address on file with the board. Before
November fifteenth of each year, every licensee shall apply for renewal on a renewal application
form provided by the board and pay to the secretary of the board an annual fee determined by
the board by rule. Upon confirmation by the board the renewal application is complete, the
criteria for renewal have been met, and the secretary of the board has received payment of the
annual fee, the secretary shall issue the licensee a certificate of annual renewal, which
commences on January first. An individual may not hold out as an industrial-organizational
psychologist or a psychologist until the annual fee is paid. The board may deny renewal of the
license of an individual who violates this section. Annually, the board shall mail or electronically
mail a renewal notice to each licensee at the address or electronic mail address on file with the
board.
### § 43-32-14. Payment of delinquent annual fee - Reinstatement.

If an individual's license issued under this chapter expires for failure to pay the annual fee,
the board shall reinstate that individual and renew the license if, within one year from the date of
expiration, the individual pays to the secretary of the board the amount of the annual fees in
default and a late fee in the amount established by the board by rule and demonstrates all
continuing education requirements have been met or the board has granted an extension of the
period in which to meet the continuing education requirements.
### § 43-32-15. Deposit and disbursement of fees.

Repealed by S.L. 1971, ch. 510, § 15.
### § 43-32-16. Board to keep records.

1. The board shall keep a record of its proceedings and a register of all applicants for
licensing which must show:
a. The name, date of birth, and residence of each applicant.
b. The date of each applicant's application.
c. The place of business of each applicant.
d. A summary of the educational and other qualifications of each applicant.
e. Whether an examination was required of an applicant.
f. Whether a license was granted to an applicant.
g. The date of the action of the board.
h. Any information the board determines necessary or advisable in aid of the
requirements of this subsection.
2. Except as otherwise provided by law, the records of the board are public records and
evidence of the proceedings of the board, and a transcript of board proceedings, duly

certified by the secretary of the board is admissible in evidence with the same effect as
if the original were produced.
### § 43-32-17. License required for practice - Titles.

1. Except as otherwise provided under this chapter, a person may not engage in the
practice of psychology unless that person is licensed as a psychologist or is registered
as a psychology resident under this chapter. Except as otherwise provided by this
chapter, a person may not engage in the practice of industrial-organizational
psychology unless that person is licensed as a psychologist or industrial-organizational
psychologist or is registered as a psychology resident or industrial-organizational
psychology resident under this chapter.
2. A person may not use the title "psychologist" or similar title unless that person is
licensed as a psychologist. A person may not use the titles "industrial psychologist",
"organizational psychologist", or "industrial-organizational psychologist" unless that
person is licensed as a psychologist or industrial-organizational psychologist.
3. A person may not use the title "psychology resident" or similar title unless that person
is registered as a psychology resident. A person may not use the titles "industrial
psychology resident", "organizational psychology resident", or "industrial organizational
psychology resident" unless that person is registered as a psychology resident or
industrial-organizational psychology resident.
### § 43-32-18. Licensing of psychologists without examination - Qualifications of

applicants.
Repealed by S.L. 1997, ch. 378, § 20.
### § 43-32-19. Licensing applicants from other states.

Repealed by S.L. 2009, ch. 376, § 11.
### § 43-32-19.1. Expedited licensure - Licensing applicants licensed or registered in other

jurisdictions.
1. The board may grant a license to an applicant who is an individual licensed, certified,
or registered in another jurisdiction and who files a completed application on a form
and in a manner the board prescribed, submits the required fee, and submits
documentation:
a. Confirming graduation from an accredited program in the degree of licensure for
which the individual is applying in this state;
b. Confirming completion of a national examination required by the board related to
competence in psychology;
c. Identifying all professional licenses, certifications, or registrations previously
obtained by the applicant in any jurisdiction;
d. Explaining any professional or personal conduct that reasonably may be
interpreted as indicating an inability to adhere to this chapter, including the code
of ethical conduct adopted by the board; and
e. Providing the board with a release by which the board may obtain from the
applicant's current jurisdiction, confirmation of the educational degree the
applicant's licensure or registration required, documentation of any disciplinary
action related to the applicant's license or registration, and an explanation of all
levels in the applicant's profession the current jurisdiction licenses or registers.
2. As a condition to qualify for licensure under subsection 1, the board may require the
applicant pass an examination on the ethics, laws, and rules regulating the practice of
psychology or industrial-organizational psychology, as appropriate to the licensure
sought by the applicant.
3. Notwithstanding any contrary provision of this chapter, the board may issue a license
as authorized under chapter 43-51.

4. The board may grant a provisional license to an expedited licensure applicant while
the application is pending. The board may deny or place restrictions on a provisional
license under this subsection if in another jurisdiction, within the previous five years,
the applicant had a disciplinary action against the applicant's license or registration.
5. Except as otherwise provided under this chapter, and in accordance with rules
adopted by the board, the board may issue a limited practice certificate to an applicant
who is licensed or registered in another jurisdiction to practice psychology or
industrial-organizational psychology. A limited practice certificate issued under this
subsection authorizes the practice of psychology or industrial-organizational
psychology in this state for no more than thirty days in a calendar year.
### § 43-32-20. Licensing - Written and oral examination - Qualifications of applicants.

The board may issue a license to each applicant who files a completed application upon a
form and in a manner the board prescribes, submits the required fee, and meets the
requirements of subsection 1 or 2.
1. An applicant for licensure as a psychologist shall demonstrate all of the following:
a. The applicant will adhere to the code of ethical conduct adopted by the board by
rule.
b. The applicant has received, from a school or college, a doctorate degree in a
program that is accredited as a doctoral program in psychology by an accrediting
body approved by the board by rule.
c. The applicant has passed the examinations, written or oral, or both, as the board
determines necessary.
d. The applicant has completed at least two full years of supervised professional
experience, one year of which must be an internship program, and one year of
which may be postdoctoral. Both years of experience must comply with the
board's rules.
2. An applicant for licensure as an industrial-organizational psychologist shall
demonstrate all of the following:
a. The applicant will adhere to the code of ethical conduct adopted by the board by
rule.
b. The applicant has received, from a school or college, a doctorate degree in a
program of studies accredited by an accrediting body approved by the board by
rule.
c. The applicant has passed the examinations, written or oral, or both, as the board
determines necessary.
d. The applicant has completed the professional experience requirements
established by the board. The requirements may not exceed the professional
experience requirements for psychologists. If the professional experience
requirements include a supervised experience requirement:
(1) The board must allow an applicant to submit to the board a personalized
plan for supervised experience which may include distance-supervision by a
qualified industrial-organizational psychologist.
(2) The board may adopt rules to establish who is qualified to perform
supervision, supervision requirements, and reporting.
### § 43-32-20.1. Postdoctoral supervised psychological employment.

1. This section applies to postdoctoral supervised employment in the practice of
psychology and industrial-organizational psychology.
2. Before starting supervised employment, a psychologist with at least three years of
post-license practice experience must be identified as the primary supervisor. The
primary supervisor must have a competency in supervision in professional psychology
in the general area of practice being supervised.
3. Supervision must occur weekly and consist of at least one hundred hours of direct
supervision, either face-to-face or through distance communications. At least fifty of
the hours of supervision must be with the primary supervisor. Additional hours of

supervision may be with other professionals designated by the supervisor and
competent in the area of practice being supervised. The board may adopt rules to
prorate supervision for individuals preparing for licensure on a part-time basis.
4. a. An applicant seeking registration as a resident shall submit the following to the
board:
(1) A supervision relationship form;
(2) An application initiation form and fee; and
(3) A completed online licensure application.
b. The board shall register an applicant as a resident if the documentation submitted
by the applicant confirms the applicant meets the standards required by law.
c. The board shall adopt rules setting forth the requirements necessary to maintain
a residency, including rules related to the supervision requirements for residents.
5. The board may adopt rules regarding postdoctoral psychology and
industrial-organizational psychology supervision requirements and reporting.
### § 43-32-21. Consideration of application and notice to applicant.

Upon investigation of the application and other evidence submitted, the board shall notify
each applicant that the application and evidence submitted for licensing is satisfactory and
accepted, or unsatisfactory and rejected. If rejected, the notice must state the reasons for
rejection and explain the right to a hearing under chapter 28-32, if a hearing is requested within
thirty days.
### § 43-32-22. Time and place of examination.

The time and place of examination must be designated by the board and notice thereof
must be given to each applicant. Such examinations must be given annually and at such other
times as in the opinion of the board the number of applicants warrants.
### § 43-32-23. Scope and grading of examination.

The board shall determine the subject and scope of specialized psychological areas and
techniques for examination. Written examinations may be supplemented by oral examinations
as the board may determine necessary. The board shall determine an acceptable level of
performance for each examination and a majority decision of the board is required for the
issuing of a license.
### § 43-32-24. Notice to applicant of examination results and right to re-examination.

The board shall inform the applicant of the results of the examination. An applicant who fails
the examination may be re-examined at a subsequent examination upon again paying the
required examination fee.
### § 43-32-25. Retention of examination records.

The board shall keep the written examination score report, an accurate recording of the
questions and answers relating to the oral examinations, and the grade assigned to each
answer thereof as a part of the board's records for at least two years following the date of the
examination. In addition, the board shall keep a permanent record of all written examination
score reports.
### § 43-32-26. Issuance and display of license.

The board is the sole agency empowered to examine competence in the practice of
psychology. A certificate of license or registration issued by the board must show the full name
of the licensee, have a serial number, be signed by the president of the board, and be attested
by the secretary. The license issued by the board under this chapter must be prominently
displayed at the principal place of business at which the licensee practices.

### § 43-32-27. Denial - Revocation or suspension of license - Grounds.

1. The board, after notice, hearing, and an affirmative vote of at least a majority of board
members, may withhold, deny, revoke, or suspend any license issued or applied for
under this chapter and may otherwise discipline a licensee or an applicant upon proof
the applicant or licensee:
a. Has been convicted of an offense determined by the board to have a direct
bearing upon an individual's ability to serve the public in the practice of
psychology, or if the board finds, after the conviction of any offense, that an
individual is not sufficiently rehabilitated under section 12.1-33-02.1.
b. Is unable to practice psychology with reasonable skill and safety to clients or
patients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,
chemicals, or any other substance, or as a result of any mental or physical
condition.
c. Has impersonated another individual holding a license issued under this chapter
or allowed another person to use the licensee's license.
d. Has used fraud or deception in applying for a license or in taking an examination
under this chapter.
e. Has allowed the licensee's name or license issued under this chapter to be used
in connection with any person who performs psychological services outside of the
area of that person's training, experience, or competence.
f. Is legally adjudicated insane or mentally incompetent. The record of the
adjudication is conclusive evidence of that fact.
g. Has engaged in any form of unethical conduct as defined in the code of ethical
conduct adopted by the board by rule.
h. Has become grossly negligent in the practice of psychology.
i. Has willfully or negligently violated this chapter.
j. Has engaged in an act in violation of rules adopted by the board.
k. Has had a license revoked or suspended or was disciplined in another
jurisdiction.
2. The board shall state in writing the board's reason for denying a license.
3. The board may assess costs incurred by the board related to investigations and
disciplinary actions. By rule, the board may set fees or fines, not to exceed five
hundred dollars, for minor infractions of this chapter.
4. An individual whose license has been revoked under this section may not reapply for
licensure for at least two years after the date of revocation.
5. Other than the term "in good standing", by rule, the board shall define terms related to
license status, such as "revoked", "suspended", "inactive", and "probationary".
### § 43-32-27.1. Complaints - Investigations.

1. A person aggrieved by the actions of a licensee or psychology resident may file a
written statement with the board citing the specific allegations of misconduct. The
board shall notify the licensee or psychology resident of the allegation and request a
written response. The board may establish procedural exceptions for processing
multiple allegations from the same person.
2. The board shall determine if the information in an allegation warrants investigation as
a complaint, without requiring the source of the information to be made a matter of
public record, if the board concludes that good cause exists for preserving the
confidentiality of the source.
3. A licensee or psychology resident who is the subject of an investigation by the board
shall cooperate fully with the investigation. Cooperation includes responding fully and
promptly to any reasonable question raised by or on behalf of the board relating to the
subject of the investigation and providing copies of patient or client records if
reasonably requested by the board and accompanied by the appropriate release.
4. In order to pursue an investigation, the board may subpoena and examine witnesses
and records, including patient and client records, and may copy, photograph, or take
samples of the records. The board may require the licensee or psychology resident to

give statements under oath, to submit to a physical or psychological examination, or
both, by a physician or other qualified evaluation professional selected by the board, if
requiring an examination is in the best interest of the public. The patient and client
records released to the board are not public records. The board may adopt rules to
assign, define duties, and compensate an investigator to assist the board to process a
complaint.
5. Unless a patient or client release is on file allowing the release of information at the
public hearing, patient and client records acquired by the board in the board's
investigation are confidential and closed to the public. All board meetings at which
patient or client testimony or records are taken or reviewed are confidential and closed
to the public. If patient or client testimony or records are not taken or reviewed, the
remainder of the meeting is an open meeting unless a specific exemption is otherwise
applicable.
### § 43-32-28. Notice - Hearing - Findings of fact and order.

Repealed by S.L. 1997, ch. 378, § 20.
### § 43-32-28.1. Hearing.

All hearings must be conducted pursuant to chapter 28-32. For purposes of a hearing,
section 28-32-21 applies only to the licensee or applicant.
### § 43-32-29. Appeal from decision of board.

An appeal from the final decision of the board in any matter covered by this chapter may be
taken to the Burleigh County district court or the aggrieved party's county of residence in
accordance with chapter 28-32.
### § 43-32-30. Persons exempt from this chapter.

This chapter does not apply to:
1. A student or intern pursuing a course of study in psychology or
industrial-organizational psychology at a school or college, if the activities and services
are a part of the individual's supervised course of study and are under the supervision
of a licensed psychologist who meets the required supervision and continuing
education requirements and demonstrates competency in the area of the student's or
intern's practice or industrial-organizational psychologist. The student or intern may not
use the title "psychologist" or "industrial-organizational psychologist". The student or
intern status and the supervisor must be clearly stated.
2. A lecturer, from any school or college, who uses an academic or research title when
lecturing to institutions or organizations. However, the lecturer may not engage in the
practice of psychology or industrial-organizational psychology unless the lecturer is
licensed or registered under this chapter.
3. An individual employed by a public school if that individual's activities and services are
restricted to the practice of psychology in the district or service unit of employment.
This exemption applies only if the individual has received a master's degree in school
psychology from an accredited graduate training program. Standards must be
established by mutual consent of the board and the education standards and practices
board.
4. An individual certified, licensed, or registered in this state in another health care
profession, or as a member of the clergy functioning in a ministerial capacity, whose
scope of practice is consistent with the accepted standards of that individual's
profession. An individual claiming an exemption under this subsection may not
represent to be rendering psychological services.
5. An individual employed by an agency, a nonprofit corporation, or an institution if that
individual is currently exempt from licensure. An individual exempt under this
subsection continues to be exempt if the individual continues employment in the same

position with the agency, nonprofit corporation, or institution that applied for and
received the exemption.
### § 43-32-31. Violation - Penalty - Injunction.

Any person who violates any of the provisions of this chapter is guilty of a class B
misdemeanor. In addition to the criminal penalties provided, the civil remedy of injunction is
available to restrain and enjoin violations of any provisions of this chapter without proof of actual
damages sustained by any person.
### § 43-32-32. Drugs - Medicine.

This chapter may not be construed as permitting a licensee to administer or prescribe
drugs, or in any manner engage in the practice of medicine as defined by the laws of this state.
### § 43-32-33. Applied behavior analysis - Licensure or registration required - Titles.

Repealed by S.L. 2017, ch. 301, § 20.
### § 43-32-34. Applied behavior analysis - Renewal - Fees.

Repealed by S.L. 2017, ch. 301, § 20.
### § 43-32-35. Predoctoral supervised psychological internship.

The board may adopt rules and standards to establish a predoctoral supervised
psychological internship program.
