Is an exam required before a patient can be treated in North Dakota?
Intake · part of The Practice Perimeter
Short answer
Yes — an examination or evaluation must be performed before a licensee first diagnoses or treats a patient for a specific condition, and a bona fide patient relationship must exist first; the same standard applies whether in person or by telemedicine.
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.
Drawn from 6 verified rules in this section · regulatory monitoring, not legal advice
- N.D.C.C. § 43-17-44 (Standard of care — telemedicine and in-person alike) · Sep 5, 2026
- N.D.C.C. § 43-17-44(2) (A bona fide relationship must exist first) · Sep 5, 2026
- N.D.C.C. § 43-17-44(3) (An examination must precede diagnosis or treatment) · Sep 5, 2026
- N.D.C.C. § 43-17-44(2) (Identity and licensure must be verifiable by the patient) · Sep 5, 2026
- N.D.C.C. § 43-17-45(1) (Prescribing after a telemedicine examination) · Sep 5, 2026
- N.D.C.C. § 43-17-44(1) (Practice only where competence is demonstrated) · Sep 5, 2026
Related North Dakota rules
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
How other states answer this
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- Alaska
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- California
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- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
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- Louisiana
- Maine
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- Massachusetts
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- Minnesota
- Mississippi
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- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Related North Dakota questions
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← All North Dakota rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).