North Dakota good-faith exam for med spas

Good-faith examination in North Dakota

⛔ NORTH DAKOTA WROTE ITS PRE-TREATMENT RULE INSIDE A TELEMEDICINE SECTION, AND THE SCOPE OF EACH PART MATTERS. Section 43-17-44 opens by holding a licensee to the same standard of care and the same ethical standards whether the practice is traditional in-person medicine or telemedicine. The requirements that follow are stated in the context of telemedicine: a BONA FIDE RELATIONSHIP with the patient before any diagnosis or treatment, and — before initially diagnosing or treating a patient for a specific illness or condition — an EXAMINATION OR EVALUATION MUST BE PERFORMED. A licensee PRACTICING TELEMEDICINE must also verify the patient’s identity and let the patient verify that licensee’s own identity and licensure status. Prescribing follows the examination: 43-17-45 permits it where the telemedicine examination met the chapter’s requirements.

• A licensee is held to the same standard of care and same ethical standards, whether practicing traditional in - person medicine or telemedicine.

  N.D.C.C. § 43-17-44 (Standard of care — telemedicine and in-person alike) · verified Sep 5, 2026

• shall establish a bona fide relationship with the patient before the diagnosis or treatment of a patient.

  N.D.C.C. § 43-17-44(2) (A bona fide relationship must exist first) · verified Sep 5, 2026

• Before initially diagnosing or treating a patient for a specific illness or condition, an examination or evaluation must be performed.

  N.D.C.C. § 43-17-44(3) (An examination must precede diagnosis or treatment) · verified Sep 5, 2026

• A licensee practicing telemedicine shall verify the identity of the patient seeking care and shall disclose, and ensure the patient has the ability to verify, the identity and licensure status of any licensee providing medical services to the patient.

  N.D.C.C. § 43-17-44(2) (Identity and licensure must be verifiable by the patient) · verified Sep 5, 2026

• A licensee who has performed a telemedicine examination or evaluation meeting the requirements of this chapter may prescribe medications according to the licensee's professional discretion and judgment.

  N.D.C.C. § 43-17-45(1) (Prescribing after a telemedicine examination) · verified Sep 5, 2026

• Professional ethical standards require a practitioner to practice only in areas in which the practitioner has demonstrated competence, based on the practitioner's training, ability, and experience.

  N.D.C.C. § 43-17-44(1) (Practice only where competence is demonstrated) · verified Sep 5, 2026