SB 2401

               Sixty-ninth Legislative Assembly of North Dakota
         In Special Session Commencing Wednesday, January 21, 2026
                                        SENATE BILL NO. 2401
                                       (Legislative Management)
                                        (Joint Policy Committee)
AN ACT to create and enact a new subdivision to subsection 2 of section 12-60-24 of the North Dakota
     Century Code, relating to criminal history record checks by the board of occupational therapy
     practice; to amend and reenact section 43-17-27.1 of the North Dakota Century Code, relating
     to physician continuing education requirements; to provide a statement of legislative intent; and
     to provide an effective date.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
   SECTION 1. A new subdivision to subsection 2 of section 12-60-24 of the North Dakota Century
Code is created and enacted as follows:
              The board of occupational therapy practice for applicants, licensees, or investigations
              under chapters 43-40 and 43-40.1.
    SECTION 2. AMENDMENT. Section 43-17-27.1 of the North Dakota Century Code is amended and
reenacted as follows:
    43-17-27.1. Physician continuing education requirements.
    1.   The board shall promote a high degree of competence in the practice of medicine by
         establishing rules requiring every physician licensed in the state to fulfill continuing education
         requirements. Compliance with these rules must be documented at such times and in such
         manner as is required by the board. Physicians failing to comply with continuing education
         requirements in the time and manner specified by rule of the board will be assessed a fee up
         to three times the licensure fee, in addition to such other penalties as are authorized by law.
    2.   The board shall require physicians to complete a minimum of one hour of continuing education
         on nutrition and metabolic health each renewal cycle.
    3.   Before a license may be renewed, the physician shall submit evidence to the board
         establishing that all continuing education requirements prescribed by the rules adopted by the
         board have been met.
  3.4.   The board may accept current certification, maintenance of certification, or recertification by a
         member of the American board of medical specialties, the American osteopathic association,
         or the royal college of physician and surgeons of Canada in lieu of compliance with continuing
         education requirements.
  4.5.   The board may exempt a physician from the requirements of this section in accordance with
         rules adopted by the board.
  5.6.   Notwithstanding subsection 1, if an individual fails to file a timely response, the board may
         determine whether the individual's failure to file a timely response to an audit constitutes an
         admission of noncompliance with this section and whether the individual's license should be
         subject to action by the board. If the board determines that the individual's failure to file a
         timely response is an admission of noncompliance and that the individual's license should be
         subject to action by the board, the board shall hold a hearing in accordance with chapter
         28-32 to take any appropriate action.
                                       S. B. NO. 2401 - PAGE 2
  6.7.   The board shall provide access on the board's website to an instructional course on chapters
         12.1-19.1, 14-02.1, and 14-02.6 as the chapters relate to the practice of medicine. The
         instructional course must be developed by contract through the office of management and
         budget, in consultation with and with final approval from the attorney general. This section
         does not create a right of action against the board by a physician acting upon reliance of the
         instructional course. The instructional course must be updated periodically to accurately reflect
         state law.
    SECTION 3. LEGISLATIVE INTENT - HEALTH OCCUPATION BOARDS TO CONSIDER
REQUIRING COMPLETION OF NUTRITION-RELATED CONTINUING EDUCATION. It is the intent of
the sixty-ninth legislative assembly that health-related occupation boards under title 43 consider
requiring licensees to complete nutrition-related continuing education for the prevention and reduction
of chronic disease.
    SECTION 4. EFFECTIVE DATE. This Act becomes effective upon its filing with the secretary of
state.
                                         S. B. NO. 2401 - PAGE 3
                        ____________________________  ____________________________
                        President of the Senate  Speaker of the House
                        ____________________________  ____________________________
                        Secretary of the Senate  Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2401.
Senate Vote:      Yeas 44  Nays 2  Absent 1
House Vote:       Yeas 92  Nays 0  Absent 2
                                                                      ____________________________
                                                                      Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2026.
Approved at ________M. on __________________________________________________, 2026.
                                                                      ____________________________
                                                                      Governor
Filed in this office this ___________day of _______________________________________, 2026,
at ________ o’clock ________M.
                                                                      ____________________________
                                                                      Secretary of State