# Title 43 — Occupations and Professions

## Chapter 43-17.1 — Board of Medicine Investigative Panels

### § 43-17.1-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Board" means the North Dakota board of medicine.
2. "Licensee" means an individual who is under the jurisdiction of the board of medicine.
3. "Physician" means a person engaged in the practice of medicine in this state pursuant
to the provisions of chapter 43-17.
### § 43-17.1-02. Investigative panels of the board.

1. For the purpose of investigating complaints or other information that might give rise to
a disciplinary proceeding against a licensee, the executive director of the board shall
designate two investigative panels, each composed of six members of the board. Five
members of each panel must be physician members of the board. One member of
each panel must be a public member of the board. One member of each panel must
be a physician assistant.
2. Each investigative panel shall select a chairman and a vice chairman from its own
members.
3. Each investigative panel may engage and share information with investigators,
medical experts, and such other experts as the panel in its discretion determines to be
necessary to accomplish its purposes. Information shared to such entities or
individuals remains confidential in the possession of the entities.
4. Cases for investigation must be assigned to each investigative panel by the executive
director of the board.
### § 43-17.1-03. Compensation.

Repealed by S.L. 1999, ch. 381, § 11.
### § 43-17.1-04. Meetings of investigative panels.

Meetings of the investigative panels must be held at least once annually in Bismarck, North
Dakota, and at such other place or places within the state and at such times as each
investigative panel may determine. A majority of the members of an investigative panel
constitutes a quorum, and no action of an investigative panel is effective without the
concurrence therein of a majority of the members present at the time of the decision. Special
meetings of an investigative panel may be called at any time by the chairman or vice chairman
of an investigative panel or upon the written request of any three members of an investigative
panel.
### § 43-17.1-05. Complaints.

1. Any person may make or refer written complaints to the investigative panels with
reference to the acts, activities, or qualifications of any licensee, or to request that an
investigative panel review the qualifications of any licensee to continue to practice in
this state. Any person that, in good faith, makes a report to the investigative panels
under this section is not subject to civil liability for making the report. For purposes of
any civil proceeding, the good faith of any person that makes a report pursuant to this
section is presumed. Upon receipt of any complaint or request, the investigative panel
shall conduct the investigation as the panel deems necessary to determine whether
any licensee has committed any of the grounds for disciplinary action provided for by
law. Upon completion of the investigation of the investigative panel, the investigative
panel shall make a finding that the investigation discloses that:
a. There is insufficient evidence to warrant further action;
b. The conduct of the licensee does not warrant further proceedings but the
investigative panel determines possible errant conduct occurred that could lead to

significant consequences if not corrected. In such a case, a confidential letter of
concern may be sent to the licensee; or
c. The conduct of the licensee indicates the licensee may have committed any of
the grounds for disciplinary action provided for by law and which warrants further
proceedings.
2. If the investigative panel determines a formal hearing should be held to determine
whether any licensee has committed any of the grounds for disciplinary action
provided for by law, the panel shall inform the respondent licensee involved of the
specific charges to be considered by serving upon that individual a copy of a formal
complaint filed with the board for disposition pursuant to the provisions of chapter
28-32. The board members who have served on the investigative panel may not
participate in any proceeding before the board relating to the complaint. The complaint
must be prosecuted before the board by the attorney general or one of the attorney
general's assistants.
3. If an investigative panel finds there are insufficient facts to warrant further investigation
or action, the complaint must be dismissed and the matter is closed. The investigative
panel shall provide written notice to the person filing the original complaint and the
individual who is the subject of the complaint of the investigative panel's final action or
recommendations, if any, concerning the complaint.
### § 43-17.1-05.1. Reporting requirements - Penalty.

1. A licensee, a health care institution in the state, a state agency, or a law enforcement
agency in the state having actual knowledge that a licensee may have committed any
of the grounds for disciplinary action provided by law or by rules adopted by the board
shall report that information in writing to the investigative panel of the board within
thirty days from the date of occurrence or action. A medical licensee or any institution
from which the medical licensee voluntarily resigns or voluntarily limits the licensee's
staff privileges shall report that licensee's action to the investigative panel of the board
if that action occurs while the licensee is under formal or informal investigation by the
institution or a committee of the institution for any reason related to possible medical
incompetence, unprofessional conduct, or mental or physical impairment within thirty
days.
2. In addition to the reporting requirements in subsection 1, a licensee shall report the
following to the board within thirty days:
a. A citation, charge, arrest, or conviction of any violation of law, other than minor
traffic citations.
b. A malpractice judgment or settlement made on behalf of an individual licensee.
c. Discipline by a licensing board, agency, or professional association.
d. An action affecting or limiting privileges or credentials.
e. A health care facility restriction of privileges due to practice concerns or discipline
for reasons relating to the licensee's clinical competence which results in a
limitation, restriction, suspension, revocation, relinquishment, or nonrenewal of
the licensee's privileges to avoid an investigation or other disciplinary action.
f. A condition that impairs the licensee's ability to practice the profession in a
competent, ethical, or professional manner. If the licensee is under treatment and
able to practice in a competent, ethical, and professional manner, the condition
does not need to be reported. A licensee also does not need to report under this
section if the licensee has a current contract with the North Dakota professional
health program and is in compliance with program requirements.
3. Upon receiving a report concerning a licensee an investigative panel shall, or on its
own motion an investigative panel may, investigate any evidence that appears to show
a licensee is or may have committed any of the grounds for disciplinary action
provided by law or by rules adopted by the board.
4. A person required to report under this section that makes a report in good faith is not
subject to criminal prosecution or civil liability for making the report. For purposes of
any civil proceeding, the good faith of any person that makes a report pursuant to this

section is presumed. A physician who obtains information in the course of a
physician-patient relationship in which the patient is another physician is not required
to report if the treating physician successfully counsels the other physician to limit or
withdraw from practice to the extent required by the impairment. A physician who
obtains information in the course of a professional peer review pursuant to chapter
23-34 is not required to report pursuant to this section. A physician who does not
report information obtained in a professional peer review is not subject to criminal
prosecution or civil liability for not making a report. For purposes of this section, a
person has actual knowledge if that person acquired the information by personal
observation or under circumstances that cause that person to believe there exists a
substantial likelihood that the information is correct.
5. An agency or health care institution that violates this section is guilty of a class B
misdemeanor. A licensee who violates this section is subject to disciplinary action by
the board as specified by law or by administrative rule.
### § 43-17.1-06. Powers of the board's investigative panels.

The board's investigative panels may:
1. Subpoena witnesses and medical or other records relating to the practice of any
licensee under investigation. The confidentiality of the records by any other statute or
law does not affect the validity of an investigative panel's subpoena nor the
admissibility of the records in board proceedings; however, the proceedings and
records of a committee which are exempt from subpoena, discovery, or introduction
into evidence under chapter 23-34 are not subject to this subsection.
2. Hold preliminary hearings.
3. Upon probable cause, require any licensee under investigation to submit to a physical,
psychiatric, or competency examination or an addiction evaluation.
4. Appoint special masters to conduct preliminary hearings.
5. Employ independent investigators if necessary.
6. Hold confidential conferences with any complainant or any licensee with respect to any
complaint.
7. File a formal complaint against any licensee with the board.
### § 43-17.1-07. Expanded jurisdiction of the board.

Repealed by S.L. 1987, ch. 525, § 13.
### § 43-17.1-08. Communication to investigative panel privileged.

1. Communications to the investigative panels and their agents are privileged and
confidential, and no member of the investigative panels nor any of their agents may be
compelled to testify with respect thereto in any proceedings except in formal
proceedings conducted before the board.
2. All records of the investigative panels, except their financial records, are confidential.
Only the formal disciplinary documents issued pursuant to chapter 28-32 are
considered open records, including the formal complaint, finding of facts, conclusions
of law, and order. If a disciplinary action is resolved by settlement agreement, the fully
executed agreement is a public record.
3. Notwithstanding the provisions of this section, if an investigative panel determines that
the records of the investigative panel disclose a possible violation of state or federal
criminal law, the investigative panel may provide the records to the appropriate law
enforcement agency.
4. Investigative information in the possession of the board and investigatory panels which
relates to licensee discipline may be disclosed to the appropriate licensing authorities
within this state, the appropriate licensing authority in another state, or as permitted
under chapter 43-17.4, if the receiving entity has statutory protections in place to
protect the records from disclosure.

### § 43-17.1-09. Immunity.

Members of the investigative panels, special masters appointed by an investigative panel,
and agents of an investigative panel, are immune from any liability of any kind based upon any
acts or omissions in the course of the performance of responsibilities in an official capacity
except liability for bodily injury arising out of accidents caused, or contributed to, by the
negligence of the member or agent.
