The board may, at its discretion and upon written application, grant a variance from specific provisions of the rules only upon a clear showing of good cause.

A variance may be granted if:

1. The applicant demonstrates strict compliance would result in significant hardship;

2. The underlying intent of the rule will still be fulfilled; and

3. The variance will not compromise public health, safety, or the board's capacity to enforce and uphold its rules and regulatory duties.

A variance must not be used for expansion or change of any scope of practices under title 43.

History: Effective January 1, 2026.

General Authority: NDCC 43-11-05

Law Implemented: NDCC 43-11-05