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