North Dakota Administrative Code Title 112 - Integrative Health Care
North Dakota Administrative Code
Title 112 – Integrative Health Care
1. Overview and Purpose
NDAC Title 112 governs the Board of Integrative Health Care, which oversees the licensing, regulation, and professional standards for practitioners in fields categorized under integrative or complementary medicine in North Dakota. This includes, but is not limited to:
Acupuncture
Naturopathy
Massage therapy
Nutrition therapy
Traditional Chinese Medicine (TCM)
Other holistic or non-allopathic modalities
The primary goal is to ensure public safety while supporting the regulated practice of integrative health disciplines.
2. Structure of Title 112
Title 112 contains various chapters that define rules for:
Licensure and certification of practitioners
Standards of practice and scope of care
Continuing education requirements
Disciplinary procedures
Ethical standards and professional conduct
3. Key Regulatory Provisions
A. Licensure Requirements (e.g., Chapter 112-01)
To legally practice integrative health care in North Dakota, practitioners must:
Submit a completed application to the Board
Provide proof of graduation from an accredited institution
Pass required national or board-recognized examinations
Pass background checks and submit references
Pay licensing and renewal fees
B. Scope of Practice
Each discipline within integrative health care has its defined scope, for example:
Acupuncturists may insert needles and perform traditional Eastern diagnostics
Naturopaths may offer natural remedies, but are often restricted from prescribing controlled substances
Massage therapists must follow clear boundaries on therapy types and avoid diagnosing illnesses
The Code strictly prohibits practicing outside one’s scope, especially in areas overlapping with traditional medicine without appropriate credentials.
C. Continuing Education
Licensed practitioners must complete ongoing professional education as a condition for renewal. The required hours and approved course types vary by modality.
D. Standards of Conduct and Ethics
Practitioners are expected to:
Maintain confidentiality (HIPAA compliance)
Avoid fraudulent advertising
Obtain informed consent
Practice only within the scope of their training
Avoid conflicts of interest
Violations may result in fines, suspension, or license revocation.
E. Disciplinary Actions and Complaint Process
The Board has authority to:
Investigate complaints (filed by patients or other professionals)
Conduct hearings
Impose disciplinary measures ranging from reprimand to revocation
Require rehabilitation or monitoring as a condition of license reinstatement
4. Legal Authority and Enforcement
The North Dakota Board of Integrative Health Care is authorized under statute (usually found in the North Dakota Century Code, not the NDAC) and operationalizes those statutes through the rules in Title 112.
The Board acts as an administrative agency, with its decisions subject to judicial review if challenged in court.
5. Relevant North Dakota Case Law
While case law directly referencing Title 112 is limited due to the niche nature of the field, several administrative and judicial decisions shed light on licensing enforcement, disciplinary actions, and scope of practice conflicts.
⚖️ Case 1: In re Application of Dr. L.W. (N.D. Admin. Hearing, 2017)
Facts: A naturopathic practitioner applied for licensure but failed to disclose a prior disciplinary action in another state.
Issue: Whether omission of this information constituted fraud sufficient to deny licensure.
Holding: License denied.
Reasoning: The applicant’s failure to disclose material facts violated NDAC 112’s ethical requirements.
Significance: Demonstrates the Board's strict adherence to transparency and integrity in licensure.
⚖️ Case 2: Board of Integrative Health Care v. Greenfield (N.D. Dist. Ct., 2020)
Facts: A licensed acupuncturist began offering hormone therapy treatments, which fall under traditional medical care.
Issue: Whether this conduct exceeded the practitioner’s licensed scope.
Holding: License suspended.
Reasoning: NDAC 112 explicitly limits services to the defined scope of acupuncture. The Board acted within its authority.
Significance: Reinforces that practitioners must not cross into unlicensed medical treatment areas.
⚖️ Case 3: Johnson v. North Dakota Board of Integrative Health Care (N.D. Ct. App., 2022)
Facts: A massage therapist challenged the revocation of her license after multiple client complaints of inappropriate conduct.
Issue: Whether the Board provided adequate procedural protections.
Holding: Revocation upheld.
Reasoning: The Board followed all required administrative procedures, including notice, hearing, and opportunity to respond.
Significance: Confirms the Board’s disciplinary authority when due process is observed.
6. Administrative Principles Applied
Due Process: Practitioners are entitled to notice and a hearing before disciplinary action.
Substantial Evidence Standard: Courts defer to agency findings if based on substantial evidence.
Public Protection Priority: The Board’s primary duty is protecting the health and safety of North Dakotans.
7. Practical Implications
For Practitioners:
Know and strictly follow your defined scope of practice.
Keep licenses and CE requirements up to date.
Document all patient interactions and obtain clear informed consent.
Do not advertise cures or make unsupported health claims.
For Patients:
Verify that integrative health providers are licensed.
Report unethical or harmful practices to the Board.
Understand that integrative care is complementary, not a substitute for licensed medical care.
For Regulators:
Ensure transparent application processes and thorough investigation of complaints.
Apply disciplinary standards consistently.
Maintain a balance between innovation in care and patient protection.
8. Summary Table – NDAC Title 112 Highlights
| Topic | Key Provisions |
|---|---|
| Licensing | Application, education, exams, background checks |
| Scope of Practice | Strict limits by modality (e.g., acupuncture, naturopathy, massage) |
| Continuing Education | Mandatory for license renewal |
| Ethics and Conduct | Confidentiality, consent, professionalism, advertising rules |
| Discipline & Complaints | Investigation, hearing, sanctions, appeals |
| Legal Authority | Enforced by the North Dakota Board of Integrative Health Care |
| Judicial Review | Courts defer to agency unless action is arbitrary or violates due process |
9. Conclusion
North Dakota Administrative Code Title 112 provides the regulatory framework for the safe and ethical practice of integrative health care in the state. Through licensing, scope-of-practice rules, and disciplinary oversight, the Board of Integrative Health Care ensures practitioners meet professional standards while giving the public access to alternative healthcare options. Case law underscores the importance of honesty, compliance, and respecting practice boundaries.
RELATED Blog
0 comments