North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1477 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.0342.02000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Hanson, Christy, Brandenburg, Grindberg
7	7	Senators Hogan, Roers
8	8	A BILL for an Act to create and enact a new chapter to title 14 of the North Dakota Century
9	9	Code, relating to fertility health care treatment rights; and to provide a penalty.
10	10	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11	11	SECTION 1. A new chapter to title 14 of the North Dakota Century Code is created and
12	12	enacted as follows:
13	13	Definitions.
14	14	As used in this chapter:
15	15	1."Assisted reproduction" means a method of causing pregnancy other than by sexual
16	16	intercourse. The term includes:
17	17	a.Intrauterine insemination;
18	18	b.Donation of eggs;
19	19	c.Donation of embryos;
20	20	d.In vitro fertilization and transfer of embryos; and
21	21	e.Intracytoplasmic sperm injection.
22	22	2."Assisted reproductive technology" means in vitro fertilization and any other treatment
23	23	or procedure in which reproductive genetic material is handled when clinically
24	24	appropriate.
25	25	3."Fertility treatment" means a health care service, procedure, testing, medication,
26	26	monitoring, treatment, or product, including genetic testing and assisted reproductive
27	27	technologies.
28	28	4."Health care provider" means any person licensed to provide health care services in
29	29	this state.
30	30	5."Health carrier" means any entity providing a plan of health insurance or health
31	31	benefits subject to state insurance regulation.
32	32	Page No. 1 25.0342.02000
33	33	HOUSE BILL NO. 1477
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59	59	Legislative Assembly
60	60	6."Manufacturer" means the maker of a drug or device approved, cleared, or authorized
61	61	by the United States food and drug administration or otherwise legally marketed.
62	62	7."Reproductive genetic material" includes oocytes, sperm, and embryos.
63	63	8."Widely accepted and evidence-based medical standards of care" means any medical
64	64	service, procedure, or practice consistent with the guidelines of the American society
65	65	for reproductive medicine and the American college of obstetricians and gynecologists.
66	66	Rights.
67	67	1.The state or any political subdivision of the state may not implement, administer, or
68	68	enforce any law, rule, or policy that has the effect of prohibiting, limiting, delaying, or
69	69	impeding access to assisted reproduction services or fertility treatment, or otherwise
70	70	violate the rights provided for in this section.
71	71	2.In accordance with widely accepted and evidence-based medical standards of care:
72	72	a.An individual has the right to:
73	73	(1)Receive fertility treatment from a health care provider;
74	74	(2)Make decisions and arrangements regarding the donation, testing, use,
75	75	storage, or disposition of reproductive genetic material; and
76	76	(3)Enter a contract with a health care provider relating to the provider's
77	77	services in handling, testing, storing, shipping, and disposing of the
78	78	individual's reproductive genetic material.
79	79	b.A health care provider has the right to:
80	80	(1)Provide or assist with fertility treatment;
81	81	(2)Provide or assist with the testing, use, storage, or disposition of reproductive
82	82	genetic material; and
83	83	(3)Enter a contract with an individual or a manufacturer relating to the health
84	84	care provider's services in handling, testing, storing, shipping, and disposing
85	85	of an individual's reproductive genetic material.
86	86	c.A health carrier has the right to cover heath care services related to fertility
87	87	treatment and assisted reproduction.
88	88	d.A manufacturer has the right to manufacture, import, sell, or distribute any drug or
89	89	device related to fertility treatment, assisted reproduction, or the handling of
90	90	reproductive genetic material.
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124	124	Penalties - Exception.
125	125	1.If a state agency or political subdivision, or any individual, employee, official,
126	126	contractor, or organization on behalf of a state agency or political subdivision, enacts
127	127	or enforces a policy that restricts any right provided under this chapter, a civil action
128	128	may be commenced against that state agency, political subdivision, or agent of the
129	129	state agency or political subdivision by:
130	130	a.The attorney general; or
131	131	b.Any person adversely affected by the policy, including a health care provider.
132	132	2.If the court finds a violation of this section occurred, the court shall hold the policy
133	133	unlawful and set aside the requirement or limitation. The court may award appropriate
134	134	equitable relief, including injunctive relief. The court shall award court costs and
135	135	reasonable attorney's fees to a prevailing plaintiff. A plaintiff may not be held liable to a
136	136	defendant for any costs resulting from nonfrivolous litigation under this section.
137	137	3.The enforcement of state health and safety law regarding a medical facility or a health
138	138	care provider is not a violation of this section if:
139	139	a.The regulation is in accordance with widely accepted and evidence-based
140	140	standards of care for providing fertility treatment; and
141	141	b.The health or safety objective cannot be accomplished by a less restrictive
142	142	means consistent with this chapter.
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