NORTH DAKOTA PROFESSIONAL HEALTH PROGRAM IS A PUBLIC ENTITY SUBJECT TO OPEN RECORDS AND MEETINGS LAWS

11 Oct NORTH DAKOTA PROFESSIONAL HEALTH PROGRAM IS A PUBLIC ENTITY SUBJECT TO OPEN RECORDS AND MEETINGS LAWS

October 11, 2022

Issued to:  North Dakota Board of Medicine

Request:  Is the North Dakota Professional Health Program (“NDPHP”) a public entity pursuant to state law and subject to the open records and meetings laws?

Conclusion:  The physician health program is a statutorily created program for the detection, intervention, and monitoring of physicians, physician assistants, and other N.D. Board of Medicine licensees with conditions that could result in impairment.  The N.D. Board of Medicine contracts with the NDPHP to provide the physician health program services.  The NDPHP was created by state law; is supported in whole or significant part by public funds; and is performing governmental functions delegated by the Legislature and the North Dakota Board of Medicine. Therefore, the NDPHP is a public entity as defined by N.D.C.C. § 44-04-17.1(13) and is subject to open records and open meetings laws.

You can view the opinion here: 2022-L-04