North Dakota Code § 43-05-16.3

1. In investigating a podiatrist under this section, the board may subpoena the podiatrist 
and medical records relating to the practice of the podiatrist under investigation. The 

confidentiality of the subpoenaed records under any other law does not affect the 
validity of the board's subpoena nor the admissibility of the records in board 
proceedings; however, the proceedings and records of the board which are exempt 
from subpoena, discovery, or introduction into evidence under chapter 23 -34 are not 
subject to this subsection. Records of the board which are medical records 
subpoenaed under this subsection are confidential.
2. A podiatrist or applicant for license under this chapter who is the subject of an 
investigation by the board shall cooperate fully with the investigation. Cooperation 
includes responding fully and promptly to any question raised by the board relating to 
the subject of the investigation and providing copies of patient medical records or other 
documentation to assist the board in its investigation. The board shall pay for the 
copies requested. Except in the case of subpoenaed records, if the board does not 
have written consent from a patient permitting access to the patient's records, the 
podiatrist or applicant for license shall delete any data in the record that identifies the 
patient before providing the record to the board.
3. The board may subpoena witnesses relating to the practice of any podiatrist under 
investigation.
4. The board may employ independent investigators when necessary.
5. The board may hold confidential conferences with any complainant or podiatrist with 
respect to any complaint.
6. If the board determines a violation of section 43 -05-16 may have occurred, the board 
may issue a formal complaint against a licensed podiatrist.

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