North Dakota Nurse Practice Act: Facility Guide

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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
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As staffing shortages continue to be the norm, nursing professionals are expected to take on additional responsibilities to ensure patient needs are met. To ensure clinicians continue to provide care within their legal scope of practice, each state has enacted a set of laws to govern nurses practicing in their jurisdiction. In North Dakota, these rules and regulations are known collectively as the North Dakota Nurse Practice Act (NPA).

As a facility leader, understanding the basics of the North Dakota NPA is essential to supporting and empowering your nursing team. In this article, we’ll introduce important rules and regulations outlined in the North Dakota Nurse Practices Act and list tips to keep your clinicians practicing safely.

What Is the North Dakota Nurse Practice Act?

LPNs, RNs, and APRNs practicing in North Dakota are required to follow the laws outlined in the state’s nurse practice act. These laws establish:

Nurse Practice Act: North Dakota Laws at a Glance

The North Dakota NPA details the state’s licensure requirements, rules for delegation, and penalties for violations. In the table below, we’ll explain how these laws can impact your clinicians.

North Dakota Nurse Practice Act: Key Elements
Legal Authorities North Dakota Century Code, Title 43:

North Dakota Administrative Code, Title 54:

North Dakota State Nursing Licensure Requirements North Dakota RN licensure applicants must qualify by either passing the NCLEX examination or getting a license endorsed from another state.

The steps for NCLEX exam qualification are as follows:

  1. Graduate from a North Dakota approved or accredited nursing education program and submit verified transcripts.
  2. Submit an application with the appropriate fees.
  3. Complete a criminal history record check and fingerprinting.
  4. Register for and pass the NCLEX examination.

The steps for endorsement qualification are as follows:

  1. Graduate from a North Dakota BON-approved nursing education program and submit verified transcripts.
  2. Submit an application with the appropriate fees.
  3. Complete a criminal history record check and fingerprinting.
  4. Present a valid license to practice nursing in another state and submit a request for licensure verification through Nursys.

Note: The North Dakota board of nursing (BON) may grant a temporary permit to nurses who are new to nursing practice in North Dakota and meet board specifications. This temporary permit is valid for licensure by endorsement applicants and allows supervised practice until the nurse is fully qualified. The permit is non-renewable and is valid for up to 90 days.

The state also offers a work authorization permit for nurse graduates who are qualified to sit for their NCLEX examination. The application for a work authorization must be completed within 60 days of graduating from nursing school.

The North Dakota BON website also provides approximate timeframes for application processing and outlines the required steps to renew a North Dakota nursing license.

Delegation of Nursing Duties According to North Dakota Administrative Code Article 54-05-02-07, nursing professionals are allowed to delegate to unlicensed clinicians when, among other things:

  • The task is within the delegatee’s scope of practice.
  • The delegatee has the proper education, experience, and competence to safely complete the task.
  • The nurse is able to monitor and supervise the completion of the task.
  • The results of the task are reasonably predictable.
  • The task does not require assessment, interpretation, and independent decision making.
  • The nurse can provide clear instructions and guidelines on how to safely complete the task.
  • The nurse maintains responsibility for the safe completion of the task and accurate documentation of the outcome in the patient’s medical record.

The nurse is prohibited from delegating tasks that, among other things:

  • Fall outside of the delegatee’s scope of practice.
  • Require the steps of the nursing process.
  • Have already been delegated.
NPA Violations and Penalties Article 54-05-02 of the North Dakota Administrative Code outlines the standards of practice that must be met by nurses practicing in the state. Clinicians who practice outside of these standards or commit any violation of the North Dakota Nurse Practice Act could face disciplinary action.

Grounds for discipline include, but are not limited to:

  • Fraudulently obtaining a nursing license.
  • Practicing without a current nursing license.
  • Demonstrating unprofessional conduct.
  • Being convicted of a misdemeanor or felony.
  • Illegally diverting, selling, distributing, or administering controlled substances.

Any of the above violations could result in a suspended or revoked nursing license, along with fines, public reprimand, and the possibility of criminal charges.

Nurse Licensure Compact (NLC) State? As laid out in the North Dakota Century Code, Section 12.4-01,North Dakota is involved in the NLC compact. Therefore, the North Dakota NPA encompasses rules and guidelines established by the NLC.

Improving NPA Compliance: 3 Tips for Facilities

Ready to incorporate North Dakota Nurse Practice Act laws into your facility’s policies and procedures? The following three tips can help you put these principles into practice.

1. Verify Nurse Credentials

When onboarding new clinicians, you’ll want to ensure that they hold the licenses and certifications they claim to have earned on their resume. You can authenticate their nursing credentials on either the ND License Lookup Service or the Nursys QuickConfirm Portal to preserve the safety of your patients and your facility’s reputation.

2. Report Suspected Misconduct

As an administrator, it’s important that the care your team provides aligns with state rules and regulations. If an employee, patient, or family member suspects or witnesses unprofessional conduct, you’ll want to report concerns and complaints straight to the North Dakota Board of Nursing. This can help you maintain high care standards and keep the positive brand image you’ve worked hard to earn.

3. Remind Staff About Continuing Education Requirements

In order to renew a North Dakota nursing license, clinicians must complete 12 continuing education hours every two years. Facility leaders who motivate staff to complete their professional development requirements can prevent licensure issues down the line.

Start by posting a link to North Dakota’s free Nurse Practices Act CE course on your nursing website. By encouraging your staff to complete this course, you can educate your clinicians about state laws and help them meet their education requirements.

Discover More Ways to Support Your Nursing Team

Once you’ve familiarized yourself with the North Dakota Nurse Practice Act, you’ll be primed and ready to support your clinical team. Want to stay informed about the latest regulatory updates? Our team of clinical and legal experts has developed hundreds of healthcare tools, resources, and guides to keep you in the know.

 

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.


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