North Dakota Administrative Code
Title 111 - Marriage and Family Therapy Licensure Board
Article 111-02 - Licensure and Fees
Chapter 111-02-01 - General Provisions
Section 111-02-01-04 - Criminal background checks

Universal Citation: ND Admin Code ยง 111-02-01-04

Current through Supplement No. 394, October, 2024

The purpose of this section is to comply with North Dakota Century Code section 12-60-24 by establishing background checks for persons applying for license or renewal of license as a licensed marriage and family therapist under North Dakota Century Code chapter 43-53, except that criminal history record checks need not be made unless required by the board. The required fees of a background check are the full responsibility of the applicant or licensee. Furthermore:

1. The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee or if the crime involves moral turpitude.

2. In considering whether a criminal conviction directly relates to the occupation of a licensee, the board shall consider:

a. The nature and seriousness of the crime;

b. The relationship of the crime to the purposes for requiring a license to be a licensed marriage and family therapist or an associate marriage and family therapist. The following felonies and misdemeanors relate to the license of a licensed marriage and family therapist or associate marriage and family therapist because these criminal offenses indicate an inability to perform as a therapist or a tendency to be unable to perform as a licensed marriage and family therapist or licensed marriage and family therapist associate:
(1) The misdemeanor of knowingly or intentionally acting as a therapist without a license;

(2) A misdemeanor or a felony offense under various chapters of North Dakota Century Code which relates to offenses against:
(a) The person;

(b) Property;

(c) Public order and decency; or

(d) Public health, safety, and morals;

c. Other misdemeanors and felonies that the board may consider in order to promote the intent of North Dakota Century Code chapter 43-53 and this title;

d. The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and

e. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a licensed marriage and family therapist or associate marriage and family therapist. In making this determination, the board will apply the criteria outlined in North Dakota Century Code chapter 43-53 and this title.

General Authority: NDCC 28-32-02, 43-53-05

Law Implemented: NDCC 12-60-24, 43-53-06

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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