Mandatory Reporting and Public Protection Obligations
The public protection duty
Licensure is a public trust. North Dakota law imposes mandatory reporting for child abuse, elder abuse, and certain other harms, and board rules may require licensees to report unprofessional or illegal conduct that affects patient safety. The duty can override ordinary confidentiality when a specific reporting law applies. Good-faith reports are generally protected by immunity, but knowingly false reports are not.
What and how to report
- Report reasonable suspicion, not proven guilt. You do not need to investigate before reporting.
- Report to the agency named by the statute or board rule: the board, law enforcement, adult protective services, or child protective services, as applicable.
- Keep the report factual: dates, observations, statements, and records.
- Do not retaliate against a reporter or interfere with an investigation.
Worked example
An optometrist suspects a colleague is practicing while impaired. The optometrist should not conduct a private investigation or promise silence. The correct step is to report to the board or the applicable impairment program as the law and rule allow, while protecting patient safety. The reasoning: confidentiality does not block a mandatory public-protection report, and delay can endanger patients.
Traps that cost marks
Do not say confidentiality always prevents reporting; specific legal duties create exceptions. Do not wait for proof beyond a reasonable doubt. Do not report only to an employer if the statute requires a regulatory report. Do not retaliate against the reporter. Do not include unrelated patient information in the report.