Legislation
ND Laws Concerning Life Issues
Major Abortion Legislation in North Dakota
- 1973:
- After 12 weeks gestation, abortions must be performed in a hospital.
- No abortions after viability unless necessary to preserve the life of the mother, or there is substantial risk that
the mother's mental or physical health would be greatly impaired.
- 1975:
- All abortions must be performed by licensed physicians.
- Ban on live fetal experimentation or use for transplants.
- 1979:
- All abortions must be reported to ND Health Dept.
- No abortions in state owned or operated hospitals except to prevent the death of the mother.
- Babies surviving an abortion must receive the same treatment as those born prematurely.
- No state or federal money passing through a state agency or treasury can be used for any abortion except to prevent
the death of the mother.
- Health insurance coverage for abortion requires a supplemental rider and the payment of a separate premium.
- 1981: Two-Parent Parental Consent Law.
- 1987: Bodies of aborted babies must be incinerated or buried.
- 1989: A fetus of a newborn child, fetal tissue or organs, resulting from an induced abortion, may not be used in
animal or human research or experimentation or for transplantation.
- 1991: Informed Consent (Released from the courts March, 1994)
- 1997: Law mandating a new and expanded informed consent brochure with medically accurate fetal development
illustrations.
- 1999: Ban on partial-birth abortions.
- 2001: Law mandating providing for geographically indexed materials and fetal growth and development
information.
Abortion Related Legislation
- 1973: Conscience clause on abortion for hospitals, physicians, nurses, and health care employees.
- 1985: Ban on wrongful life lawsuits.
- 1987: Crimes on fetal manslaughter and homicide.
- 1989: Ban on school based sex-clinics.
- 1991: Ban on school employees referring for abortion or distributing birth control devices.
- 1997:
- Forbids insurance companies from denying coverage solely because a woman is pregnant or because a person carries a
gene which may cause future illness or disability.
- Forbids state agencies to discriminate (in contracts, grants, or programs) against a health care institution or
private agency that refuses to provide a service which violates their religious or moral conscience. This includes
surgical or chemical abortion, assisted suicide, and euthanasia.
- 2001: Provides overwhelmed, panicky new mothers a safe haven for their newborn, no questions asked; identifies a
hospital as the safe haven location, allowing newborns to get immediate proper medical care; most importantly helps
prevent infanticide.
- 2003: Ban on Human Cloning
Major Anti-Euthanasia Legislation
- 1989: Presumption that nutrition and hydration be given to incompetent patients except under very limited
circumstances (e.g.: cannot assimilate, causes harm)
- 1991: Ban on assisted suicide.
- 1997:
- Endangering the life or health of a disabled adult or vulnerable elderly adult became a class B felony.
- Living Will amendments throughout the years providing for:
- The maintenance and transfer of patients when physician refuses life preserving treatment or nutrition and
hydration,
- Tightening the definition of terminal condition to preclude Alzheimer's disease and other chronic
conditions.
- 1999: Civil remedies and suspension or revocation of license of a health care provider who assists in a
suicide.
- 2001: Allows advanced health care directives to be verified by a notary or two witnesses. It also recognizes the
use of other advanced directives that comply with our existing state law.