NORTH DAKOTA.  Century Code. 

 

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Title 14

Domestic Relations and Persons

 

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CHAPTER 14-02.1

ABORTION CONTROL ACT

 

14-02.1-01. Purpose. The purpose of this chapter is to protect unborn human life and

maternal health within present constitutional limits. It reaffirms the tradition of the state of North

Dakota to protect every human life whether unborn or aged, healthy or sick.

 

14-02.1-02. Definitions. As used in this chapter:

1. "Abortion" means the termination of human pregnancy with an intention other than to

produce a live birth or to remove a dead embryo or fetus.

2. "Abortion facility" means a clinic, ambulatory surgical center, physician's office, or

any other place or facility in which abortions are performed, other than a hospital.

3. "Hospital" means an institution licensed by the state department of health under

chapter 23-16 and any hospital operated by the United States or this state.

4. "Infant born alive" or "live born child" means a born child which exhibits either

heartbeat, spontaneous respiratory activity, spontaneous movement of voluntary

muscles or pulsation of the umbilical cord if still attached to the child.

5. "Informed consent" means voluntary consent to abortion by the woman upon whom

the abortion is to be performed provided that:

a. The woman is told the following by the physician who is to perform the abortion,

by the referring physician, or by the physician's agent, at least twenty-four

hours before the abortion:

(1) The name of the physician who will perform the abortion;

(2) The particular medical risks associated with the particular abortion

procedure to be employed including, when medically accurate, the risks

of infection, hemorrhage, danger to subsequent pregnancies, and

infertility;

(3) The probable gestational age of the unborn child at the time the abortion

is to be performed; and

(4) The medical risks associated with carrying her child to term.

b. The woman is informed, by the physician or the physician's agent, at least

twenty-four hours before the abortion:

(1) That medical assistance benefits may be available for prenatal care,

childbirth, and neonatal care;

(2) That the father is liable to assist in the support of her child, even in

instances in which the father has offered to pay for the abortion; and

(3) That she has the right to review the printed materials described in section

14-02.1-02.1. The physician or the physician's agent shall orally inform

the woman the materials have been provided by the state of North

Dakota and that they describe the unborn child and list agencies that

offer alternatives to abortion. If the woman chooses to view the

materials, copies of them must be furnished to her. The physician and

the physician's agent may disassociate themselves from the materials

and may comment or refrain from comment on them, as they choose.

c. The woman certifies in writing, prior to the abortion, that the information

described in subdivisions a and b has been furnished to her and that she has

been informed of her opportunity to review the information referred to in

paragraph 3 of subdivision b.

d. Prior to the performance of the abortion, the physician who is to perform or

induce the abortion or the physician's agent receives a copy of the written

certification prescribed by subdivision c.

6. "Licensed physician" means a person who is licensed to practice medicine or

osteopathy under chapter 43-17 or a physician practicing in the armed services of

the United States or in the employ of the United States.

7. "Medical emergency" means that condition which, on the basis of the physician's

best clinical judgment, so complicates a pregnancy as to necessitate an immediate

abortion to avert the death of the mother or for which a twenty-four-hour delay will

create grave peril of immediate and irreversible loss of major bodily function.

8. "Probable gestational age of the unborn child" means what, in the judgment of the

attending physician, will with reasonable probability be the gestational age of the

unborn child at the time the abortion is planned to be performed.

9. "Viable" means the ability of a fetus to live outside the mother's womb, albeit with

artificial aid.

 

14-02.1-02.1. Printed information - Referral service.

1. The state department of health shall publish in English, and in every other language

that the department determines is the primary language of a significant number of

state residents, the following easily comprehensible printed materials:

a. Geographically indexed materials designed to inform the woman of public and

private agencies and services available to assist a woman through pregnancy,

upon childbirth, and while the child is dependent, including adoption agencies.

The materials must include a comprehensive list of the agencies available, a

description of the services they offer and a description of the manner, including

telephone numbers, in which they might be contacted, or, at the option of the

department, printed materials including a toll-free, twenty-four-hour-a-day

telephone number that may be called to obtain, orally, such a list and

description of agencies in the locality of the caller and of the services they offer.

b. Materials, published in a booklet format, designed to inform the woman of the

probable anatomical and physiological characteristics of the fetus at two-week

gestational increments from the time when a woman can be known to be

pregnant to full term, including any relevant information on the possibility of the

survival of the fetus and pictures representing the development of a fetus at

two-week gestational increments. The majority of the pictures included in the

booklet must be full color photograph-style images and the pictures must

contain the dimensions of the fetus and must be realistic and appropriate for

the stage of pregnancy depicted. The materials must be objective,

nonjudgmental, and designed to convey only accurate scientific information

about the fetus at the various gestational ages. The materials required under

this subsection must be reviewed, updated, and reprinted as needed.

2. The materials required under subsection 1 must be available at no cost from the

state department of health upon request and in appropriate number to any person,

facility, or hospital, and, except for copyrighted material, must be available on the

department's internet web site. The department may make the copyrighted material

available on its internet web site if the department pays the copyright royalties.

 

14-02.1-03. Consent to abortion - Notification requirements. [The provisions relating to a husband’s consent are unconstitutional and unenforceable.]

1. No physician shall perform an abortion unless prior to such performance the

physician certified in writing that the woman gave her informed consent as defined

and provided in section 14-02.1-02 and shall certify in writing the pregnant woman's

marital status and age based upon proof of age offered by her. Prior to the period of

pregnancy when the fetus may reasonably be expected to have reached viability, no

abortion shall be performed upon an unemancipated minor unless the attending

physician certifies in writing that each of the parents of the minor requesting the

abortion has been provided by the physician in person with the information provided

for in section 14-02.1-02 at least twenty-four hours prior to the minor's consent to the

performance of abortion or unless the attending physician certifies in writing that the

physician has caused materials of section 14-02.1-02 to be posted by certified mail

to each of the parents of the minor separately to the last-known addresses at least

forty-eight hours prior to the minor's consent to the performance of abortion. When

a parent of the minor has died or rights and interests of such parent have been

legally terminated, this subsection shall apply to the sole remaining parent. When

both parents have died or the rights and interests of both parents have been legally

terminated, this subsection shall apply to the guardian or other person standing

in loco parentis. Notification by the attending physician is not required if the minor

elects not to allow the notification of one or both parents or her guardian and the

abortion is authorized by the juvenile court in accordance with section 14-02.1-03.1.

None of the requirements of this subsection apply in the case of a medical

emergency, except that when a medical emergency compels the performance of an

abortion, the physician shall inform the woman, prior to the abortion if possible, of

the medical indications supporting the physician's judgment that an abortion is

necessary to avert her death or for which a twenty-four-hour delay will create grave

peril of immediate and irreversible loss of major bodily function, and shall certify

those indications in writing.

2. Subsequent to the period of pregnancy when the fetus may reasonably be expected

to have reached viability, no abortion, other than an abortion necessary to preserve

her life, or because the continuation of her pregnancy will impose on her a

substantial risk of grave impairment of her physical or mental health, may be

performed upon any woman in the absence of:

a. The written consent of her husband unless her husband is voluntarily separated

from her; or

b. The written consent of a parent, if living, or the custodian or legal guardian of

the woman, if the woman is unmarried and under eighteen years of age.

3. No executive officer, administrative agency, or public employee of the state of North

Dakota or any local governmental body has power to issue any order requiring an

abortion, nor shall any such officer or entity coerce any woman to have an abortion,

nor shall any other person coerce any woman to have an abortion.

 

14-02.1-03.1. Parental consent or judicial authorization for abortion of unmarried

minor - Statement of intent. The legislative assembly intends to encourage unmarried

pregnant minors to seek the advice and counsel of their parents when faced with the difficult

decision of whether or not to bear a child, to foster parental involvement in the making of that

decision when parental involvement is in the best interests of the minor and to do so in a manner

that does not unduly burden the right to seek an abortion.

1. No person may knowingly perform an abortion upon a pregnant woman under the

age of eighteen years unless:

a. The attending physician has secured the written consent of the minor woman

and both parents, if living, or the surviving parent if one parent is deceased, or

the custodial parent if the parents are separated or divorced, or the legal

guardian or guardians if the minor is subject to guardianship;

b. The minor woman is married and the attending physician has secured her

informed written consent; or

c. The abortion has been authorized by the juvenile court in accordance with the

provisions of this section.

2. Any pregnant woman under the age of eighteen or next friend is entitled to apply to

the juvenile court for authorization to obtain an abortion without parental consent.

Proceedings on such application must be conducted in the juvenile court of the

county of the minor's residence before a juvenile judge or referee, if authorized by

the juvenile court judge in accordance with the provisions of chapter 27-05, except

that the parental notification requirements of chapter 27-20 are not applicable to

proceedings under this section. All applications in accordance with this section must

be heard by a juvenile judge or referee within forty-eight hours, excluding Saturdays

and Sundays, of receipt of the application. The purpose of the hearing before the

juvenile judge or referee must be to determine:

a. Whether or not the minor is sufficiently mature and well informed with regard to

the nature, effects, and possible consequences of both having an abortion and

bearing her child to be able to choose intelligently among the alternatives.

b. If the minor is not sufficiently mature and well informed to choose intelligently

among the alternatives without the advice and counsel of her parents or

guardian, whether or not it would be in the best interests of the minor to notify

her parents or guardian of the proceedings and call in the parents or guardian

to advise and counsel the minor and aid the court in making its determination

and to assist the minor in making her decision.

c. If the minor is not sufficiently mature and well informed to choose intelligently

among the alternatives and it is found not to be in the best interests of the

minor to notify and call in her parents or guardian for advice and counsel,

whether an abortion or some other alternative would be in the best interests of

the minor.

3. All proceedings in connection with this section must be kept confidential and the

identity of the minor must be protected in accordance with provisions relating to all

juvenile court proceedings.

4. The court shall keep a stenographic or mechanically recorded record of the

proceedings which must be maintained on record for forty-eight hours following the

proceedings. If no appeal is taken from an order of the court pursuant to the

proceedings, the record of the proceedings must be sealed as soon as practicable

following such forty-eight-hour period.

5. Following the hearing and the court's inquiry of the minor, the court shall issue one

of the following orders:

a. If the minor is sufficiently mature and well informed concerning the alternatives

and without the need for further information, advice, or counseling, the court

shall issue an order authorizing a competent physician to perform the abortion

procedure on the minor.

b. If the minor is not sufficiently mature and well informed, the court may:

(1) Issue an order to provide the minor with any necessary information to

assist her in her decision if the minor is mature enough to make the

decision but not well informed enough to do so.

(2) Issue an order to notify the minor's parents or guardian of the pendency

of the proceedings and calling for their attendance at a reconvening of

the hearing in order to advise and counsel the minor and assist the court

in making its determination if the court finds that to do so would be in the

best interests of the minor.

(3) Issue an order authorizing an abortion by a competent physician if the

court has determined that it would not be in the best interests of the

minor to call in her parents or guardian but has found that it would be in

the minor's best interests to authorize the abortion.

6. The minor or next friend may appeal the determination of the juvenile court directly

to the state supreme court. In the event of such an appeal, any and all orders of the

juvenile court must be automatically stayed pending determination of the issues on

appeal. Any appeal taken pursuant to this section by anyone other than the minor or

next friend must be taken within forty-eight hours of the determination of the juvenile

court by the filing of written notice with the juvenile court and a written application in

the supreme court. Failure to file notice and application within the prescribed time

results in a forfeiture of the right to appeal and render the juvenile court order or

orders effective for all intents and purposes.

7. Upon receipt of written notice of appeal, the juvenile court shall immediately cause to

be transmitted to the supreme court the record of proceedings had in the juvenile

court.

8. An application for appeal pursuant to this section must be treated as an expedited

appeal by the supreme court and must be set down for hearing within four days of

receipt of the application, excluding Saturdays and Sundays.

9. The hearing, inquiry, and determination of the supreme court must be limited to a

determination of the sufficiency of the inquiry and information considered by the

juvenile court and whether or not the order or orders of the juvenile court accord with

the information considered with respect to the maturity and information available to

the minor and the best interests of the minor as determined by the juvenile court.

The determination of the juvenile court may not be overturned unless found to be

clearly erroneous.

10. After hearing the matter the supreme court shall issue its decision within twenty-four

hours.

11. Within forty-eight hours of the hearing by the supreme court, the record of the

juvenile court must be returned to the juvenile court and the juvenile court shall seal

it at the earliest practicable time.

12. Nothing in this section may be construed to prevent the immediate performance of

an abortion on an unmarried minor woman in an emergency where such action is

necessary to preserve her life and no physician may be prevented from acting in

good faith in such circumstances or made to suffer any sanction thereby other than

those applicable in the normal course of events to the general review of emergency

and nonemergency medical procedures.

13. Nothing in this section may be construed to alter the effects of any other section of

this chapter or to expand the rights of any minor to obtain an abortion beyond the

limits to such rights recognized under the Constitution of the United States or under

other provisions of this code.

 

14-02.1-03.2. Civil damages for performance of abortions without informed

consent. Any person upon whom an abortion has been performed without informed consent as

required by sections 14-02.1-02, 14-02.1-02.1, subsection 1 of section 14-02.1-03, 14-02.1-03.2,

and 14-02.1-03.3 may maintain an action against the person who performed the abortion for ten

thousand dollars in punitive damages and treble whatever actual damages the plaintiff may have

sustained. Any person upon whom an abortion has been attempted without complying with

sections 14-02.1-02, 14-02.1-02.1, subsection 1 of section 14-02.1-03, 14-02.1-03.2, and

14-02.1-03.3 may maintain an action against the person who attempted to perform the abortion

for five thousand dollars in punitive damages and treble whatever actual damages the plaintiff

may have sustained.

 

14-02.1-03.3. Privacy of woman upon whom an abortion is performed or attempted.

In every proceeding or action brought under section 14-02.1-03.2, the court shall rule whether the

anonymity of any woman upon whom an abortion is performed or attempted should be preserved

from public disclosure if she does not give her consent to such disclosure. The court, upon

motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should

be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the

sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent

necessary to safeguard her identity from public disclosure. Each such order must be

accompanied by specific written findings explaining why the anonymity of the woman should be

preserved from public disclosure, why the order is essential to that end, how the order is narrowly

tailored to serve that interest, and why no reasonable less restrictive alternative exists. This

section may not be construed to conceal the identity of the plaintiff or of witnesses from the

defendant.

 

14-02.1-04. Limitations on the performance of abortions - Penalty.

1. No abortion may be done by any person other than a licensed physician using

medical standards applicable to all other surgical procedures.

2. After the first twelve weeks of pregnancy but prior to the time at which the fetus may

reasonably be expected to have reached viability, no abortion may be performed in

any facility other than a licensed hospital. [This provision is unconstitutional and unenforceable.]

3. After the point in pregnancy when the fetus may reasonably be expected to have

reached viability, no abortion may be performed except in a hospital, and then only if

in the medical judgment of the physician the abortion is necessary to preserve the

life of the woman or if in the physician's medical judgment the continuation of her

pregnancy will impose on her a substantial risk of grave impairment of her physical

or mental health.

An abortion under this subsection may only be performed if the

above-mentioned medical judgment of the physician who is to perform the abortion

is first certified by the physician in writing, setting forth in detail the facts upon which

the physician relies in making this judgment and if this judgment has been concurred

in by two other licensed physicians who have examined the patient. The foregoing

certification and concurrence is not required in the case of an emergency when the

abortion is necessary to preserve the life of the patient.

4. Any licensed physician who performs an abortion without complying with the

provisions of this section is guilty of a class A misdemeanor.

5. It is a class B felony for any person, other than a physician licensed under chapter

43-17, to perform an abortion in this state.

 

14-02.1-05. Preserving life of a viable child - Penalty. An abortion of a viable child

may be performed only when there is in attendance a physician other than the physician

performing the abortion who shall take control and provide immediate medical care for the viable

child born as a result of the abortion. The physician performing it, and subsequent to the

abortion, the physician required by this section to be in attendance, shall take all reasonable

steps in keeping with good medical practice, consistent with the procedure used, to preserve the

life and health of the unborn child. Failure to do so is a class C felony.

 

14-02.1-06. Soliciting abortions. Repealed by S.L. 1999, ch. 50, § 79.

 

14-02.1-07. Records required - Reporting of practice of abortion.

1. Records:

a. All abortion facilities and hospitals in which abortions are performed shall keep

records, including admission and discharge notes, histories, results of tests and

examinations, nurses' worksheets, social service records, and progress notes,

and shall further keep a copy of all written certifications provided for in this

chapter as well as a copy of the constructive notice forms, consent forms, court

orders, abortion reports, and complication reports. Records must be

maintained in the permanent files of the hospital or abortion facility for a period

of not less than seven years.

b. The medical records of abortion facilities and hospitals in which abortions are

performed and all information contained therein must remain confidential and

may be used by the state department of health only for gathering statistical data

and ensuring compliance with the provisions of this chapter.

2. Reporting:

a. An individual abortion report for each abortion performed upon a woman must

be completed by her attending physician. The report must be confidential and

may not contain the name of the woman. This reporting must include the data

called for in the United States standard report of induced termination of

pregnancy as recommended by the national center for health statistics.

b. All abortion reports must be signed by the attending physician and submitted to

the state department of health within thirty days from the date of the abortion.

All complication reports must be signed by the physician providing the

post-abortion care and submitted to the state department of health within thirty

days from the date of the post-abortion care.

c. A copy of the abortion report must be made a part of the medical record of the

patient at the facility or hospital in which the abortion was performed. In cases

when post-abortion complications are discovered, diagnosed, or treated by

physicians not associated with the facility or hospital where the abortion was

performed, the state department of health shall forward a copy of the report to

that facility or hospital to be made a part of the patient's permanent record.

d. The state department of health is responsible for collecting all abortion reports

and complication reports and collating and evaluating all data gathered

therefrom and shall annually publish a statistical report based on data from

abortions performed in the previous calendar year.

e. The state department of health shall report to the attorney general any apparent

violation of this chapter.

 

14-02.1-07.1. Forms. The state department of health shall make available to physicians,

hospitals, and all abortion facilities the forms required by this chapter.

 

14-02.1-08. Protection of viable fetus born alive - Penalty.

1. A person is guilty of a class C felony if the person knowingly, or negligently, causes

the death of a viable fetus born alive.

2. Whenever a fetus which is the subject of abortion is born alive and is viable, it

becomes an abandoned and deprived child, unless:

a. The termination of the pregnancy is necessary to preserve the life of the

mother; or

b. The mother and her spouse, or either of them, have agreed in writing in

advance of the abortion, or within seventy-two hours thereafter, to accept the

parental rights and responsibilities for the fetus if it survives the abortion

procedure.

 

14-02.1-09. Humane disposal of nonviable fetus. The licensed physician performing

the abortion, if performed outside of a hospital, must see to it that the fetus is disposed of in a

humane fashion under regulations established by the state department of health. A licensed

hospital in which an abortion is performed must dispose of a dead fetus in a humane fashion in

compliance with regulations promulgated by the state department of health.

 

14-02.1-10. Concealing stillbirth or death of infant - Penalty. It is a class A

misdemeanor for a person to conceal the stillbirth of a fetus or to fail to report to a physician or to

the county coroner the death of an infant under two years of age.

 

14-02.1-11. General penalty. A person violating any provision of this chapter for which

another penalty is not specifically prescribed is guilty of a class A misdemeanor. Any person

willfully violating a rule or regulation promulgated under this chapter is guilty of an infraction.

 

14-02.1-12. Short title. This chapter may be cited as the North Dakota Abortion Control

 

CHAPTER 14-02.2

FETAL EXPERIMENTATION

 

14-02.2-01. Live fetal experimentation - Penalty.

1. A person may not use any live human fetus, whether before or after expulsion from

its mother's womb, for scientific, laboratory, research, or other kind of

experimentation. This section does not prohibit procedures incident to the study of a

human fetus while it is in its mother's womb, provided that in the best medical

judgment of the physician, made at the time of the study, the procedures do not

substantially jeopardize the life or health of the fetus, and provided the fetus is not

the subject of a planned abortion. In any criminal proceeding the fetus is

conclusively presumed not to be the subject of a planned abortion if the mother

signed a written statement at the time of the study, that the mother was not planning

an abortion.

2. A person may not use a fetus or newborn child, or any tissue or organ thereof,

resulting from an induced abortion in animal or human research, experimentation, or

study, or for animal or human transplantation.

3. This section does not prohibit or regulate diagnostic or remedial procedures, the

purpose of which is to determine the life or health of the fetus involved or to preserve

the life or health of the fetus involved, or of the mother involved.

4. A fetus is a live fetus for the purposes of this section when, in the best medical

judgstyle='mso-layout-grid-align:none;text-autospace:none'>has first been obtained; provided, however, that the consent is not required in the

case of a routine pathological study. In any criminal proceeding, consent is

conclusively presumed to have been granted for the purposes of this section by a

written statement, signed by the mother who is at least eighteen years of age, to the

effect that she consents to the use of her fetus for scientific, laboratory, research, or

other kind of experimentation or study. Such written consent constitutes lawful

authorization for the transfer of the dead fetus.

2. A person may not use a fetus or fetal organs or tissue resulting from an induced

abortion in animal or human research, experimentation, or study, or for animal or

human transplantation except for diagnostic or remedial procedures, the purpose of

which is to determine the life or health of the fetus or to preserve the life or health of

the fetus or mother, or pathological study.

3. A person may not perform or offer to perform an abortion where part or all of the

consideration for the abortion is that the fetal organs or tissue may be used for

animal or human transplantation, experimentation, or research or study.

4. A person may not knowingly sell, transfer, distribute, give away, accept, use, or

attempt to use any fetus or fetal organs or tissue for a use that is in violation of this

section. For purposes of this section, the word "fetus" includes also an embryo or

neonate.

5. Violation of this section by any person is a class C felony.

 

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CHAPTER 14-02.3

LIMITATION OF ABORTION

 

14-02.3-01. State policy on abortion and childbirth - Use of public funds restricted. [These provisions have been held to be invalid and unenforceable.]

Between normal childbirth and abortion, it is the policy of the state of North Dakota that normal

childbirth is to be given preference, encouragement, and support by law and by state action, it

being in the best interests of the well-being and common good of North Dakota citizens.

No funds of this state or any agency, county, municipality, or any other subdivision

thereof and no federal funds passing through the state treasury or a state agency may be used to

pay for the performance, or for promoting the performance, of an abortion unless the abortion is

necessary to prevent the death of the woman.

 

14-02.3-02. Use of public funds for family planning - Use for the performance,

referral, and encouragement of abortion prohibited.  [These provisions have been held to be invalid and unenforceable.] No funds of this state or any agency,

county, municipality, or any other subdivision thereof and no federal funds passing through the

state treasury or a state agency may be used as family planning funds by any person or public or

private agency which performs, refers, or encourages abortion.

 

14-02.3-03. Payment for abortions by health insurance policies delivered or issued

in North Dakota restricted. No health insurance contracts, plans, or policies delivered or issued

for delivery in this state may provide coverage for abortions except by an optional rider for which

there must be paid an additional premium. Provided, however, that this section does not apply to

the performance of an abortion necessary to prevent the death of the woman.

 

14-02.3-04. Abortion in government hospitals operated within North Dakota

restricted. No person may authorize or perform an abortion in a hospital owned, maintained, or

operated within the state by the state or any of its agencies or by any political subdivision of the

state, unless the abortion is necessary to prevent the death of the woman.

 

14-02.3-05. Penalty. Any person found guilty of violating this chapter is guilty of a

class B misdemeanor.

 

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CHAPTER 14-02.6

PARTIAL-BIRTH ABORTION [These provisions are unconstitutional and unenforceable.]

 

14-02.6-01. Definitions. As used in this chapter:

1. "Partially born" means the living intact fetus's body, with the entire head attached, is

delivered so that any of the following has occurred:

a. The living intact fetus's entire head, in the case of a cephalic presentation, or

any portion of the living intact fetus's torso above the navel, in the case of a

breech presentation, is delivered past the mother's vaginal opening; or

b. The living intact fetus's entire head, in the case of a cephalic presentation, or

any portion of the living intact fetus's torso above the navel, in the case of a

breech presentation, is delivered outside the mother's abdominal wall.

2. "Sharp curettage or suction curettage abortion" means an abortion in which the

developing child and products of conception are evacuated from the uterus with a

sharp curettage or through a suction cannula with an attached vacuum apparatus.

 

14-02.6-02. Prohibition - Penalty - Exception.

1. Any person who intentionally causes the death of a living intact fetus while that living

intact fetus is partially born is guilty of a class AA felony. A mother whose living

intact fetus dies while partially born may not be prosecuted for a violation of this

chapter or for conspiracy to violate this chapter.

2. This chapter does not apply to a sharp curettage or suction curettage abortion or to

any offense committed under chapter 12.1-17.1 or chapter 14-02.1.

 

14-02.6-03. Exception for life of mother. Section 14-02.6-02 does not prohibit a

physician from taking measures that in the physician's medical judgment are necessary to save

the life of a mother whose life is endangered by a physical disorder, illness, or injury, if:

1. Every reasonable precaution is also taken, in this case, to save the child's life; and

2. The physician first certifies in writing, setting forth in detail the facts upon which the

physician relies in making this judgment. This certification is not required in the case

of an emergency and the procedure is necessary to preserve the life of the mother.

 

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CHAPTER 15.1-19

STUDENTS AND SAFETY

 

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15.1-19-06. Abortion referrals. No person while acting in an official capacity as an

employee or agent of a school district may refer a student to another person, agency, or entity for

the purpose of obtaining an abortion. This provision does not extend to private communications

between the employee or agent and a child of the employee or agent.

 

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CHAPTER 23-16

LICENSING MEDICAL HOSPITALS

 

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23-16-14. Participation in abortion - Not mandatory. No hospital, physician, nurse,

hospital employee, nor any other person is under any duty, by law or contract, nor may such

hospital or person in any circumstances be required to participate in the performance of an

abortion, if such hospital or person objects to such abortion. No such person or institution may

be discriminated against because the person or institution so objects.

 

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CHAPTER 30.1-28

GUARDIANS OF INCAPACITATED PERSONS

 

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30.1-28-12. (5-312) General powers and duties of guardian.

1. A guardian of an incapacitated person has only the powers and duties specified by

the court.

2. To the extent that it is consistent with the terms of an order by a court of competent

jurisdiction, the guardian is entitled to custody of the person of the ward and may

establish the ward's place of residence within or without this state. However, no

guardian may voluntarily admit a ward to a mental health facility or state institution

for a period of more than forty-five days without a mental health commitment

proceeding or other court order. Notwithstanding the other provisions of this

subsection, the guardian may readmit a ward to a mental health facility or a state

institution within sixty days of discharge from that institution, if the original admission

to the facility or institution had been authorized by the court.

3. If entitled to custody of the ward, the guardian should make provision for the care,

comfort, and maintenance of the ward and, whenever appropriate, arrange for the

ward's training, education, or habilitative services. The guardian shall take

reasonable care of the ward's clothing, furniture, vehicles, and personal effects.

4. Notwithstanding general or limited authority to make medical decisions on behalf of

the ward, no guardian may consent to psychosurgery, abortion, sterilization, or

experimental treatment of any kind unless the procedure is first approved by order of

the court.

5. When exercising the authority granted by the court, the guardian shall safeguard the

civil rights and personal autonomy of the ward to the fullest extent possible by:

a. Involving the ward as fully as is practicable in making decisions with respect to

the ward's living arrangements, health care, and other aspects of the ward's

care; and

b. Ensuring the ward's maximum personal freedom by using the least restrictive

forms of intervention and only as necessary for the safety of the ward or others.

6. If no conservator for the estate of the ward has been appointed and if the guardian

has been granted authority to make financial decisions on behalf of the ward, the

guardian may:

a. Institute proceedings to compel any person under a duty to support the ward or

to pay sums for the welfare of the ward to perform that duty.

b. Receive money and tangible property deliverable to the ward and apply the

money and property for support, care, and education of the ward; but, the

guardian may not use funds from the ward's estate for room and board which

the guardian or the guardian's spouse, parent, or child have furnished the ward

unless a charge for the service is approved by order of the court made upon

notice to at least one of the next of kin of the ward, if notice is possible. The

guardian shall exercise care to conserve any excess for the ward's needs.

7. If a conservator has been appointed, all of the ward's estate received by the

guardian in excess of those funds expended to meet current expenses for support,

care, and education of the ward must be paid to the conservator for management as

provided in this title, and the guardian must account to the conservator for funds

expended.

8. A guardian shall file an annual report with the court informing the court of the status

or condition of the ward. The report must include changes that have occurred since

the previous reporting period and an accounting of the ward's estate. The guardian

shall report whether the ward has resided in an institution, whether the ward

continues to require guardianship, and whether any powers of the guardian should

be increased or limited. The filing of a report and its acceptance by the court or clerk

of district court does not constitute an adjudication or a determination of the merits of

the report nor does the filing of the report constitute the court's approval of the

report. The court may approve a report and allow and settle an accounting only

upon notice to the ward's guardian ad litem and other interested persons who have

made an appearance or requested notice of proceedings. The office of the state

court administrator shall provide printed forms that may be used to fulfill reporting

requirements. Any report must be similar in substance to the state court

administrator's form. The forms must be available in the office of clerk of district

court or obtainable through the supreme court's internet web site.

9. Copies of the guardian's annual report to the court and of any other reports required

by the court must be mailed to the ward. The ward's copy must be accompanied by

a statement, printed with not less than double-spaced twelve-point type, of the

ward's right to seek alteration, limitation, or termination of the guardianship at any

time.

10. The guardian is entitled to receive reasonable sums for services and for room and

board furnished to the ward as approved by the court or as agreed upon between

the guardian and the conservator, provided the amounts agreed upon are

reasonable under the circumstances. The guardian may request the conservator to

expend the ward's estate by payment to third persons or institutions for the ward's

care and maintenance.

 

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CHAPTER 32-03

DAMAGES AND COMPENSATORY RELIEF

 

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32-03-43. Wrongful life action prohibited - Definition. No person may maintain a

claim for relief or receive an award for damages on that person's own behalf based on the claim

that, but for the act or omission of another, that person would have been aborted. As used in this

section "abortion" means the termination of human pregnancy with an intention other than to

produce a live birth or to remove a dead embryo or fetus.

 

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CHAPTER 50-06

DEPARTMENT OF HUMAN SERVICES

 

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50-06-26. (Effective through June 30, 2007) Alternatives-to-abortion services

program. Before January 1, 2006, the department of human services shall establish and

implement a procedure to facilitate funding to nongovernmental entities that provide

alternatives-to-abortion services. The services must be outcome-based with positive

outcome-based results. For purposes of this section, "alternatives-to-abortion services" are

those services that promote childbirth instead of abortion by providing information, counseling,

and support services that assist pregnant women or women who believe they may be pregnant

to choose childbirth and to make informed decisions regarding the choice of adoption or

parenting with respect to their children.

 

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CHAPTER 54-56

CHILDREN'S SERVICES COORDINATING COMMITTEE

 

54-56-01. Children's services coordinating committee - Membership. The children's

of the director of the department of corrections and rehabilitation, the director of career and

technical education, and a representative of the Indian affairs commission. The governor or the

governor's designee shall act as chairperson.

 

54-56-02. Staff - Support services. The committee is authorized to employ such staff

as provided by appropriations or grants. In addition, each executive branch agency, department,

and office may provide support services required to achieve the objectives of the committee.

 

54-56-03. (Effective through June 30, 2007) Functions - Continuing appropriation.

1. The committee may:

a. Plan for and coordinate delivery of services to children and adolescents who

are abused, neglected, emotionally disturbed, mentally ill, medically disabled,

runaways, homeless, deprived, school dropouts, school-age parents, chemical

or alcohol abusers, unruly, or delinquent.

b. Foster primary prevention ideas and strategies and present those ideas and

strategies to regional or tribal children's services coordinating committees.

c. Accept funds, services, or other assistance from any source. Any funds

received under this section are appropriated on a continuing basis to the

committee for the purpose of furthering the objectives of the committee.

2. The committee shall distribute its grant funds appropriated or authorized by the

legislative assembly to children's services organizations and programs, subject to

specific approval by the legislative assembly or the budget section. No funds,

grants, gifts, or services of an organization receiving funds distributed by the

committee may be used for the purposes of direct provision of contraception

services, abortion, or abortion referrals to minors.

 

(Effective after June 30, 2007) Functions.

1. The committee may:

a. Plan for and coordinate delivery of services to children and adolescents who

are abused, neglected, emotionally disturbed, mentally ill, medically disabled,

runaways, homeless, deprived, school dropouts, school-age parents, chemical

or alcohol abusers, unruly, or delinquent.

b. Foster primary prevention ideas and strategies and present those ideas and

strategies to regional or tribal children's services coordinating committees.

2. The committee shall:

a. Distribute funds due to regional or tribal committees within five days of

receiving the funds.

b. Distribute its grant funds appropriated or authorized by the legislative assembly

to children's services organizations and programs, subject to specific approval

by the legislative assembly or the budget section. No funds, grants, gifts, or

services of an organization receiving funds distributed by the committee may

be used for the purposes of direct provision of contraception services, abortion,

or abortion referrals to minors.

 

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North Dakota Administrative Code

 

* * *

Title 75

Department of Human Services

 

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CHAPTER 75-02-02

MEDICAL SERVICES

 

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75-02-02-08. Amount, duration, and scope of medical assistance.

 

* * *

 

2. The following limitations apply to medical and remedial care and

services covered or provided under the medical assistance program:

a. Coverage may not be extended and payment may not be made for

diet remedies prescribed for eligible recipients.

b. Coverage may not be extended and payment may not be made for

alcoholic beverages prescribed for eligible recipients.

c. Coverage may not be extended and payment may not be made for

orthodontia prescribed for eligible recipients, except for orthodontia

necessary to correct serious functional problems.

d. Coverage and payment for eye examinations and eyeglasses for

eligible recipients are limited to examinations and eyeglass

replacements necessitated because of visual impairment.

Coverage and payment for eyeglass frames are available for

a reasonable number of frames, and in a reasonable amount, not

to exceed limits set by the department. No coverage exists, and

no payment may be made, for eyeglass frames which exceed the

limits.

e. Coverage and payment for home health care services and private

duty nursing services are limited to a monthly amount determined

by taking the monthly charge, to the medical assistance program,

for the most intensive level of nursing care in the most expensive

nursing facility in the state and subtracting therefrom the cost, in

that month, of all medical and remedial services furnished to the

recipient (except physician services and prescribed drugs). For

the purposes of determining this limit, remedial services include

home and community-based services, service payments to the

elderly and disabled, homemaker and home health aide services,

and rehabilitative services, regardless of the source of payment

for such services. This limit may be exceeded, in unusual and

complex cases, if the provider has submitted a prior treatment

authorization request describing each medical and remedial

service to be received by the recipient, stating the cost of that

service, describing the medical necessity for the provision of the

home health care services or private duty nursing services, and

explaining why less costly alternative treatment does not afford

necessary medical care, and has had the request approved.

f. Coverage may not be extended and payment may not be

made for transportation services except as provided in sections

75-02-02-13.1 and 75-02-02-13.2.

g. Coverage may not be extended and payment may not be made for

any abortion except when necessary to save the life of the mother

or when the pregnancy is the result of an act of rape or incest.

 

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