Why should one file a complaint?
The ultimate purpose of the Board is to protect the public. Protection of the public is enhanced by the reporting of incidents which may be in violation of ND law or administrative code or grounds for disciplinary action by the Board. The Board requires all reporting of violations to be written and signed.
What is a Violation?
A violation is any action taken by a licensee of this Board that is contrary to the Board's law or administrative code.
The Board is authorized by law to take disciplinary action against a license if the licensee has violated the law and/or administrative code. The law establishing the Board was enacted by the legislature as a means of protecting the safety and welfare of the public. N.D.C.C. 43-40-16 lists the grounds for which the Board may deny a license application, refuse to renew a license, or take disciplinary action against a license.
Is it a Violation?
It is not the complainant's responsibility to determine if there is a violation of the Law and Rules. The Board and the Board's Legal Counsel will make this determination once a written complaint is received. The Board and its legal counsel may not offer legal advice to the public or licensees. If you feel you need advice on whether or not to report a potential violation, you should seek private legal counsel.
Unlicensed Practice of Medical Imaging and Radiation Therapy Practice?
Persons practicing medical imaging and radiation therapy without a valid North Dakota license are breaking the law. The Board has no jursidiction over these individuals as they do not hold a license under the Board. Such persons should be reported to the appropiate County State's Attorney for possible prosecution.