Disciplinary actions

All actions for disciplinary procedures must be in accordance with North Dakota Century Code chapter 28-32. 1. Action must be taken by the board upon finding that the applicant or licenseholder has engaged in unprofessional conduct. Unprofessional conduct includes: a. Conviction of an offense determined by the board to have a direct bearing on the individual's ability to practice counseling. b. Procuring of license by fraud or misrepresentation. c. Misuse of drugs or alcohol. d. Negligence in professional conduct or nonconformance with the code of ethics as adopted by the board. e. Performance of functions outside the demonstrable areas of competency. f. Mental, emotional, or physical incompetence to practice the profession. g. Violation of or aid to another in violating any provision of North Dakota Century Code chapter 43-47, any other statute applicable to the practice of professional counseling, or any provision of this title. 2. Petition for rehearing. A petition may be made to the board for reinstatement upon good cause or as a result of additional evidence being obtained that would alter the determination reached in subsection 1.