1. The board may refuse to issue or renew a license, suspend or revoke a license, or take other disciplinary action against a licensee if the licensee or applicant for license engaged in unprofessional conduct. Unprofessional conduct includes: a. Obtaining a license by means of fraud, misrepresentation, or concealment of material facts. b. Engaging in unprofessional conduct, as defined by the rules adopted by the board, or violating the code of ethics adopted by the board by rule. c. Being convicted of an offense if the acts for which that individual is convicted are determined by the board to have a direct bearing on that applicant's or licensee's ability to serve the public in the capacity of a speech-language pathologist , speech-language pathology assistant, or audiologist; or the board determines that applicant or licensee, following conviction of any other offense, is not sufficiently rehabilitated under section 12.1-33-02.1. d. Violating an order or rule adopted by the board. e. Violating this chapter. f. Receiving remuneration of any kind from the sale of any type of hearing aid, unless licensed under chapter 43-33. 2. When conducting an investigation of an alleged violation of this chapter, the board may subpoena and examine records, including client or patient records, and may copy, photograph, or take samples of the records. The board may require a licensee to give statements under oath, submit to a physical or psychological examination, or both if the board reasonably believes an examination is in the best interests of the public. The client and patient records released to the board are not public records. 3. One year from the date of revocation of a license, the licensee may make application to the board for reinstatement. The board may accept or reject an application for reinstatement or may require an examination for reinstatement.
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