Committee advances bill to require background checks for naturopaths and genetic counselors

The Industry, Business and Labor Committee voted to advance Senate Bill 2,042, which authorizes the North Dakota Board of Medicine to obtain criminal history record checks for naturopathic doctors and genetic counselors in the same manner currently used for physicians and physician assistants.

Sandra DuPentes, executive director of the North Dakota Board of Medicine, told the committee the bill inserts the same background‑check language into the naturopathic and genetic‑counselor practice acts that is already in the physician and physician‑assistant acts. The board worked with the Bureau of Criminal Investigation (BCI) to ensure the language is consistent with FBI requirements for fingerprint‑based checks.

DuPentes said the checks are typically a one‑time requirement at initial licensure; renewals do not require repeat fingerprinting unless the board opens a disciplinary investigation. She told the committee the fee for the check is $40 and that background checks are confidential under federal law; the board may use arrest and charging documents (public records) when relevant but would not disclose FBI background check contents.

Committee members asked whether the board evaluates convictions case by case and whether dismissals or arrests without conviction remain on records; DuPentes said the board assesses whether an offense relates to fitness to practice and that fingerprint records can show arrests even after dismissal. She said the naturopathic practice was added to the board’s authority in the prior session and genetic counselors have been under the board since 2013; the requested language aligns the statutes with federal and BCI procedures.

Representative Schauer moved a “do pass” recommendation; the motion carried on a roll call reflected as 13 yes, 0 no, 1 abstention.