North Dakota Century Code Title 26.1. Insurance § 26.1-14-05. Initial policyholders surplus--Tax--Membership fee

1. If physicians practicing medicine within North Dakota find it difficult to obtain medical malpractice insurance, the North Dakota board of medicine, by a majority vote of its membership, may elect to initiate and implement this chapter.  Before fifteen days from the date the election to implement this chapter is made, the board shall certify to the state treasurer a list of all licensed physicians as shown in the latest record of the board.

2. A special one-time tax for the privilege of practicing medicine in North Dakota will be levied on licensed physicians listed by the state treasurer in accordance with subsection 1 in the amount of five hundred dollars per licensed physician, to be levied, assessed, and collected by the state treasurer.  The tax does not apply to any physician who submits a statement, sworn to under penalties of perjury, stating that the physician has permanently terminated the practice of medicine in the state of North Dakota.  The state treasurer shall prescribe the form of the statement.

3. The legislative assembly appropriates and dedicates the entire proceeds of the tax provided by this chapter as the initial policyholders surplus of the company, and the treasurer and director of the office of management and budget shall promptly pay over the proceeds of the tax to the company.

4. The board of directors of the company may establish membership fees in amounts as it deems reasonable to be paid by members of the company.  Any physician who has paid the tax specified in subsection 2 must be credited the amount of the tax paid against the liability for any membership fee.

5. Upon payment of the specified membership fee, a physician may be insured by the company for any and all hazards customarily insured by the company, subject to any limitation of coverage specified by the company in accordance with policy limitations, exclusions, conditions, deductibles, and loss-sharing requirements.