North Dakota Right To Life
Together to foster and to protect the most basic value of society...
Human Life
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.