The purpose of this section is to comply with North Dakota Century Code section 12-60-24 by establishing background checks for persons applying for license or renewal of license as a licensed marriage and family therapist under North Dakota Century Code chapter 43-53, except that criminal history record checks need not be made unless required by the board. The required fees of a background check are the full responsibility of the applicant or licensee. Furthermore:

1. 1. The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee or if the crime involves moral turpitude.

2. 2. In considering whether a criminal conviction directly relates to the occupation of a licensee, the board shall consider:

1. a. The nature and seriousness of the crime;

2. b. The relationship of the crime to the purposes for requiring a license to be a licensed marriage and family therapist or an associate marriage and family therapist. The following felonies and misdemeanors relate to the license of a licensed marriage and family therapist or associate marriage and family therapist because these criminal offenses indicate an inability to perform as a therapist or a tendency to be unable to perform as a licensed marriage and family therapist or licensed marriage and family therapist associate: 1. (1) The misdemeanor of knowingly or intentionally acting as a therapist without a license; 2. (2) A misdemeanor or a felony offense under various chapters of North Dakota Century Code which relates to offenses against: 1. (a) The person; 2. (b) Property; 3. (c) Public order and decency; or 4. (d) Public health, safety, and morals;

3. c. Other misdemeanors and felonies that the board may consider in order to promote the intent of North Dakota Century Code chapter 43-53 and this title;

4. d. The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and

5. e. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a licensed marriage and family therapist or

associate marriage and family therapist. In making this determination, the board will apply the criteria outlined in North Dakota Century Code chapter 43-53 and this title.

History: Effective July 1, 2010.

Law Implemented: NDCC 12-60-24, 43-53-06