Board of Medicine seeks authority to run criminal background checks on genetic counselors, naturopathic doctors

The Senate Workforce Development Committee heard Senate Bill 2042 on the morning the committee reconvened, a proposal to give the North Dakota Board of Medicine explicit authority to obtain criminal history checks for genetic counselors and naturopathic doctors.

“The bill in a nutshell authorizes the board to conduct background checks for genetic counselors and naturopathic doctors,” said Sandra DuPentes, executive director of the North Dakota Board of Medicine, during the bill’s presentation. DuPentes told senators the Board already performs background checks for physicians and physician assistants under its existing physician-assistance code and has worked with the Bureau of Criminal Investigation (BCI) and legislative counsel to add parallel authority for the two other professions.

Supporters and staff said the proposal inserts the BCI check directly into the naturopath and genetic counselor chapters of the code. The bill’s text is organized so the first section updates the state’s BCI authorities, the second updates the naturopath chapter and the third updates the genetic counselor chapter, DuPentes said. She also thanked BCI and legislative counsel for drafting help.

Committee members asked about one drafting choice at length: the bill uses permissive language—“may require”—rather than a mandatory “shall require.” DuPentes said that while the Board has adopted a policy of requesting a background check for every license applicant, the permissive language gives the Board flexibility to waive the check when necessary (for instance, during COVID-related delays) and to require checks during disciplinary proceedings.

Senator Michelle Powers asked about the cost to applicants; DuPentes said the combined state and federal check is about $40 and would be an applicant expense. Senators also asked whether currently licensed practitioners would be subject to retroactive checks; DuPentes said there are no plans at this time to require background checks for practitioners already licensed in North Dakota.

No one testified in opposition during the hearing. The committee closed the hearing and recessed until the next calendar slot.

Why it matters: placing background‑check authority into the specific naturopath and genetic‑counselor chapters would align the licensing statutes for those professions with the Board’s existing practice for physicians and physician assistants and would formalize a practice the Board says it already follows by policy.

What’s next: the committee recessed after the hearing; the bill’s language and the “may/shall” drafting choice were the primary points for follow-up by the sponsor and legislative counsel.