North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1488 Compare Versions

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

Old	New	Differences
1	1	25.0682.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representative Murphy
7	7	A BILL for an Act to create and enact sections 14-02.1-04.3, 14-02.1-04.4, and 14-02.1-04.5 of
8	8	the North Dakota Century Code, relating to the creation of an abortion approval committee, a
9	9	framework for abortion, and an emergency medical exception; to amend and reenact sections
10	10	12.1-19.1-03, 14-02.1-02, 14-02.1-02.1, 14-02.1-02.2, and 14-02.1-03, subsection 1 of section
11	11	14-02.1-03.1, sections 14-02.1-05, 14-02.1-07, 14-02.1-08, 14-02.1-09, and 14-10-15, and
12	12	subsection 3 of section 14-10-19 of the North Dakota Century Code, relating to abortion
13	13	procedures, consent, and reporting requirements; and to repeal sections 14-02.1-03.4,
14	14	14-02.1-03.5, and 14-02.1-04 of the North Dakota Century Code, relating to abortion
15	15	restrictions.
16	16	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
17	17	SECTION 1. AMENDMENT. Section 12.1-19.1-03 of the North Dakota Century Code is
18	18	amended and reenacted as follows:
19	19	12.1-19.1-03. Exceptions.
20	20	This chapter does not apply to:
21	21	1.An abortion deemed necessary based on reasonable medical judgment which was
22	22	intended to prevent the death or a serious health risk to the pregnant femaleperformed
23	23	in accordance with chapter 14 - 02.1 .
24	24	2.An abortion to terminate a pregnancy that based on reasonable medical judgment
25	25	resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or
26	26	incest, as those offenses are defined in chapter 12.1-20, if the probable gestational
27	27	age of the unborn child is six weeks or less.
28	28	3.An individual assisting in performing an abortion if the individual was acting within the
29	29	scope of that individual's regulated profession, was under the direction of or at the
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31	31	HOUSE BILL NO. 1488
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56	56	Legislative Assembly
57	57	direction of a physician, and did not know the physician was performing an abortion in
58	58	violation of this chapter.
59	59	SECTION 2. AMENDMENT. Section 14-02.1-02 of the North Dakota Century Code is
60	60	amended and reenacted as follows:
61	61	14-02.1-02. Definitions.
62	62	As used in this chapter:
63	63	1."Abortion" means the act of using or prescribing any instrument, medicine, drug, or
64	64	any other substance, device, or means with the intent to terminate the clinically
65	65	diagnosable pregnancy of a woman, including the elimination of one or more unborn
66	66	childrenfetuses in a multifetal pregnancy, with knowledge that the termination by those
67	67	means will with reasonable likelihood cause the death of the unborn childfetus. Such
68	68	use, prescription, or means is not an abortion if done with the intent to:
69	69	a.Remove a dead unborn childfetus caused by spontaneous abortion;
70	70	b.Treat a woman for an ectopic pregnancy; or
71	71	c.Treat a woman for a molar pregnancy.
72	72	2."Abortion facility" means a licensed healthcare facility in which abortions are
73	73	performed. The term includes a clinic, ambulatory surgical center, or physician's office,
74	74	or any other place or facility in which abortions are performed or prescribed, other
75	75	than. The term does not include a hospital.
76	76	3."Abortion-inducing drug" means a medicine, drug, or any other substance prescribed
77	77	or dispensed with the intent of causing an abortion.
78	78	4."Drug label" means the pamphlet accompanying an abortion-inducing drug which
79	79	outlines the protocol tested and authorized by the federal food and drug administration
80	80	and agreed upon by the drug company applying for the federal food and drug
81	81	administration authorization of that drug. Also known as "final printing labeling
82	82	instructions", drug label is the federal food and drug administration document that
83	83	delineates how a drug is to be used according to the federal food and drug
84	84	administration approval.
85	85	5."Fertilization" means the fusion of a human spermatozoon with a human ovum.
86	86	5."Fetus" means an unborn human offspring from conception until birth.
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119	119	6."Hospital" means an institution licensed by the department of health and human
120	120	services under chapter 23-16 and any hospital operated by the United States or this
121	121	state.
122	122	7."Human being" means an individual living member of the species of homo sapiens,
123	123	including the unborn human being during the entire embryonic and fetal ages from
124	124	fertilization to full gestation.
125	125	8."Infant born alive" means a born child which exhibits either heartbeat, spontaneous
126	126	respiratory activity, spontaneous movement of voluntary muscles or pulsation of the
127	127	umbilical cord if still attached to the child.
128	128	9."Informed consent" means voluntary consent to abortion by the woman upon whom
129	129	the abortion is to be performed or induced provided:
130	130	a.The woman is told the following by the physician who is to perform the abortion,
131	131	by the referring physician, or by the physician's agent, at least twenty-four hours
132	132	before the abortion:
133	133	(1)The name of the physician who will perform the abortion;
134	134	(2)The abortion will terminate the life of a whole, separate, unique, living
135	135	human being;
136	136	(3)The particular medical risks associated with the particular abortion
137	137	procedure to be employed including, when medically accurate, the risks of
138	138	infection, hemorrhage, danger to subsequent pregnancies, and infertility;
139	139	(4)(3)The probable gestational age of the unborn childfetus at the time the
140	140	abortion is to be performed; and
141	141	(5)(4)The medical risks associated with carrying her child to term.
142	142	b.The woman is informed, by the physician or the physician's agent, at least
143	143	twenty-four hours before the abortion:
144	144	(1)That medical assistance benefits may be available for prenatal care,
145	145	childbirth, and neonatal care and that more detailed information on the
146	146	availability of that assistance is contained in the printed materials given to
147	147	her as described in section 14-02.1-02.1;
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179	179	(2)That the printed materials given to her and described in section
180	180	14-02.1-02.1 describe the unborn child and list agencies that offer
181	181	alternatives to abortion;
182	182	(3)That the father is liable to assist in the support of her child, even in
183	183	instances in which the father has offered to pay for the abortion; and
184	184	(4)That she is free to withhold or withdraw her consent to the abortion at any
185	185	time without affecting her right to future care or treatment and without the
186	186	loss of any state or federally funded benefits to which she might otherwise
187	187	be entitled.
188	188	c.The woman certifies in writing, before the abortion, that the information described
189	189	in subdivisions a and bsubdivision a has been furnished to her.
190	190	d.c.Before the performance of the abortion, the physician who is to perform or induce
191	191	the abortion or the physician's agent receives a copy of the written certification
192	192	prescribed by subdivision cb.
193	193	e.The physician has not received or obtained payment for a service provided to a
194	194	patient who has inquired about an abortion or has scheduled an abortion before
195	195	the twenty-four-hour period required by this section.
196	196	10."Medical emergency" means a condition that, in reasonable medical judgment, so
197	197	complicates the medical condition of the pregnant woman that it necessitates an
198	198	immediate abortion to prevent her death or a serious health risk.
199	199	11."Physician" means an individual licensed to practice medicine or osteopathy under
200	200	chapter 43-17 or a physician who practices in the armed services of the United States
201	201	or in the employ of the United States.
202	202	12."Probable gestational age of the unborn childfetus" means what, in reasonable
203	203	medical judgment, will with reasonable probability be the gestational age of the unborn
204	204	childfetus.
205	205	13."Reasonable medical judgment" means a medical judgment that would be made by a
206	206	reasonably prudent physician, knowledgeable about the case and the treatment
207	207	possibilities with respect to the medical conditions involved.
208	208	14."Serious health risk" means a condition that, in reasonable medical judgment,
209	209	complicates the medical condition of the pregnant woman so that it necessitates an
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243	243	abortion to prevent substantial physical impairment of a major bodily function, not
244	244	including any psychological or emotional condition. The term may not be based on a
245	245	claim or diagnosis that the woman will engage in conduct that will result in her death or
246	246	in substantial physical impairment of a major bodily function.
247	247	15."Unborn child" means the offspring of human beings from conception until birth.
248	248	16."Viable" means the ability of an unborn childa fetus to live outside the mother's womb,
249	249	albeit with artificial aid.
250	250	SECTION 3. AMENDMENT. Section 14-02.1-02.1 of the North Dakota Century Code is
251	251	amended and reenacted as follows:
252	252	14-02.1-02.1. Printed information - Referral service.
253	253	1.The department of health and human services shall publish in English, and in every
254	254	other language that the department determines is the primary language of a significant
255	255	number of state residents, the following materials in an easily comprehensible printed
256	256	materialsand scientifically accurate format:
257	257	a.Geographically indexed materials designed to inform the woman of public and
258	258	private agencies and services available to assist a woman through pregnancy,
259	259	upon childbirth, and while the child is dependent, including adoption agencies.
260	260	The materials must include a comprehensive list of the agencies available, a
261	261	description of the services they offer and a description of the manner, including
262	262	telephone numbers, in which they might be contacted, or, at the option of the
263	263	department, printed materials, including a toll-free, twenty-four-hour-a-day
264	264	telephone number that may be called to obtain, orally, such a list and description
265	265	of agencies in the locality of the caller and of the services they offer. The
266	266	materials must state that it is unlawful for any individual to coerce a woman to
267	267	undergo an abortion and that if a minor is denied financial support by the minor's
268	268	parent, guardian, or custodian due to the minor's refusal to have an abortion
269	269	performed, the minor is deemed to be emancipated for the purposes of eligibility
270	270	for public assistance benefits, except that those benefits may not be used to
271	271	obtain an abortion. The materials also must state that any physician who
272	272	performs an abortion upon a woman without her informed consent may be liable
273	273	to her for damages in a civil action and that the law permits adoptive parents to
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307	307	pay costs of prenatal care, childbirth, and neonatal care. The materials must
308	308	include the following statement: There are many public and private agencies
309	309	willing and able to help you to carry your child to term and to assist you and your
310	310	child after your child is born, whether you choose to keep your child or to place
311	311	your child for adoption. The state of North Dakota strongly urges you to contact
312	312	one or more of these agencies before making a final decision about abortion. The
313	313	law requires that your physician or your physician's agent give you the
314	314	opportunity to call agencies like these before you undergo an abortion.
315	315	b.Materials, published in a booklet format, designed to inform the woman of the
316	316	probable anatomical and physiological characteristics of the unborn childfetus at
317	317	two-week gestational increments from the time when a woman can be known to
318	318	be pregnant to full term, including any relevant information on the possibility of
319	319	the survival of the unborn childfetus and color photographs of the development of
320	320	an unborn childfetus at two-week gestational increments. The descriptions must
321	321	include information about brain and heart function, the presence of external
322	322	members and internal organs during the applicable states of development, and
323	323	any relevant information on the possibility of the unborn child's survival. The
324	324	materials must be objective, nonjudgmental, and designed to convey only
325	325	accurate scientific information about the unborn childfetus at the various
326	326	gestational ages. The materials required under this subsection must be reviewed,
327	327	updated, and reprinted as needed.
328	328	c.Materials that include information on the support obligations of the father of a
329	329	child who is born alive, including the father's legal duty to support his child, which
330	330	may include child support payments and health insurance, and the fact that
331	331	paternity may be established by the father's signature on an acknowledgment of
332	332	paternity or by court action. The printed material must also state that more
333	333	information concerning paternity establishment and child support services and
334	334	enforcement may be obtained by calling state public assistance agencies or
335	335	human service zones.
336	336	d.Materials that contain objective information describingon the various surgical and
337	337	drug-induced methods of abortion as well as the immediate and long-term
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371	371	medical risks commonly associated with each abortion method, including the
372	372	risks of infection, hemorrhage, cervical or uterine perforation or rupture, danger to
373	373	subsequent pregnancies, the possible increased risk of breast cancer, the
374	374	possible adverse psychological effects associated with an abortion, and the
375	375	medical risks associated with carrying a child to term, and information on
376	376	common causes for a nonviable pregnancy.
377	377	e.Materials including information it may be possible to reverse the effects of an
378	378	abortion-inducing drug but time is of the essence. The materials must include
379	379	information directing the patient where to obtain further information and
380	380	assistance in locating a medical professional who can aid in the reversal of
381	381	abortion-inducing drugs.
382	382	f.Materials including a notice that the performance of certain abortions is prohibited
383	383	by law.
384	384	2.The materials required under subsection 1 must be available at no cost from the
385	385	department of health and human services upon request and in appropriate number to
386	386	any person, facility, or hospital, and, except for copyrighted material, must be available
387	387	on the department's internet website. A woman may not be forced to accept
388	388	information prepared by the department. The department may make the copyrighted
389	389	material available on its internet website if the department pays the copyright royalties.
390	390	SECTION 4. AMENDMENT. Section 14-02.1-02.2 of the North Dakota Century Code is
391	391	amended and reenacted as follows:
392	392	14-02.1-02.2. Abortion report form.
393	393	The department of health and human services shall prepare an abortion compliance report
394	394	form and an abortion data report form to be used by the physician for each abortion performed,
395	395	as required by section 14-02.1-07. The abortion compliance report form must include a checklist
396	396	designed to confirm compliance with all provisions of this chapter, chapter 14-02.3, chapter
397	397	14-02.6, and section 23-16-14. The abortion data report form must include:
398	398	1.The data called for in the United States standard report of induced termination of
399	399	pregnancy as recommended by the national center for health statistics; and
400	400	2.Whether the abortion was:
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433	433	a.Necessary in reasonable medical judgment and was intended to prevent the
434	434	death of the pregnant female;
435	435	b.To terminate a pregnancy that resulted from gross sexual imposition, sexual
436	436	imposition, sexual abuse of a ward, or incest, as those offenses are defined in
437	437	chapter 12.1-20; or
438	438	c.Necessary to prevent a serious health risk.
439	439	SECTION 5. AMENDMENT. Section 14-02.1-03 of the North Dakota Century Code is
440	440	amended and reenacted as follows:
441	441	14-02.1-03. Consent to abortion - Notification requirements.
442	442	1.A physician may not perform an abortion unless before such performance the
443	443	physician certified in writing that the woman gave her informed consent as defined and
444	444	provided in section 14-02.1-02 and shall certify in writing the pregnant woman's marital
445	445	status and age based upon proof of age offered by her.
446	446	2.Before the period of pregnancy when the unborn childfetus may reasonably be
447	447	expected to have reached viability, an abortion may not be performed upon an
448	448	unemancipated minor unless the attending physician certifies in writing that each of
449	449	the parents of the minor requesting the abortion has been provided by the physician in
450	450	person with the information provided for in section 14-02.1-02 at least twenty-four
451	451	hours before the minor's consent to the performance of abortion or unless the
452	452	attending physician certifies in writing that the physician has caused materials of
453	453	section 14-02.1-02 to be posted by certified mail to each of the parents of the minor
454	454	separately to the last-known addresses at least forty-eight hours before the minor's
455	455	consent to the performance of abortion. If a parent of the minor has died or rights and
456	456	interests of that parent have been legally terminated, this subsection applies to the
457	457	sole remaining parent. When both parents have died or the rights and interests of both
458	458	parents have been legally terminated, this subsection applies to the guardian or other
459	459	person standing in loco parentis. Notification by the attending physician is not required
460	460	if the minor elects not to allow the notification of one or both parents or her guardian
461	461	and the abortion is authorized by the juvenile court in accordance with section
462	462	14-02.1-03.1. None of the requirements of this subsection apply in the case of a
463	463	medical emergency, except that when a medical emergency compels the performance
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497	497	of an abortion, the physician shall inform the woman, before the abortion if possible, of
498	498	the medical indications supporting the physician's judgment that an abortion is
499	499	necessary to prevent her death or prevent a serious health risk, and shall certify those
500	500	indications in writing.
501	501	2.3.Subsequent to the period of pregnancy when the unborn childfetus may reasonably be
502	502	expected to have reached viability, an abortion, other than an abortion necessary to
503	503	preserve her life or to prevent a serious health risk, may not be performed upon any
504	504	woman in the absence of the written consent of a parent, if living, or the custodian or
505	505	legal guardian of the woman, if the woman is unmarried and under eighteen years of
506	506	age.
507	507	3.4.No executive officer, administrative agency, or public employee of the state of North
508	508	Dakota or any local governmental body has power to issue any order requiring an
509	509	abortion, nor shall any such officer or entity coerce any woman to have an abortion,
510	510	nor shall any other person coerce any woman to have an abortion.
511	511	SECTION 6. AMENDMENT. Subsection 1 of section 14-02.1-03.1 of the North Dakota
512	512	Century Code is amended and reenacted as follows:
513	513	1.A person may not knowingly perform an abortion upon a pregnant woman under the
514	514	age of eighteen years unless:
515	515	a.The attending physician has secured the written consent of the minor woman and
516	516	both parents, if living, or the surviving parent if one parent is deceased, or the
517	517	custodial parent if the parents are separated or divorced, or the legal guardian or
518	518	guardians if the minor is subject to guardianship;
519	519	b.The minor woman is married and the attending physician has secured her
520	520	informed written consent; or
521	521	c.The abortion has been authorized by the juvenile court in accordance with the
522	522	provisions of this section; or
523	523	d.The abortion is performed in response to a medical emergency.
524	524	SECTION 7. Section 14-02.1-04.3 of the North Dakota Century Code is created and
525	525	enacted as follows:
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557	557	14 - 02.1 - 04.3. Abortion approval committee - Duties.
558	558	1.A licensed hospital providing medical care under this chapter shall form an abortion
559	559	approval committee. Each committee must be comprised of the following board
560	560	certified physicians, licensed under chapter 43 - 17, on staff at the licensed hospital:
561	561	a.A physician specializing in obstetrics and gynecology;
562	562	b.A physician specializing in family practice; and
563	563	c.A physician specializing in internal medicine or pediatrics.
564	564	2.The abortion committee shall:
565	565	a.Form a decision based upon the woman's medical records, current pregnancy
566	566	status, and input from the woman's attending physician; and
567	567	b.Render a decision within five days, or sooner upon request.
568	568	3.The identity of each physician on the committee must remain confidential. A record,
569	569	including a physician's identity on an approval committee is not subject to section
570	570	44 - 04 - 18 and section - 6 of article XI of the Constitution of North Dakota.
571	571	4.An abortion approval committee shall determine if a proposed abortion procedure is
572	572	medically necessary. A decision by the committee to determine a proposed abortion
573	573	procedure is medically necessary may be approved by a majority of the members of
574	574	the committee.
575	575	5.All discussion by a committee must remain confidential. The content of discussion
576	576	conducted by a committee is protected under the Federal Health Insurance Portability
577	577	and Accountability Act [42 U.S.C. section 1320d et al; 45 C.F.R. 160-164] and any
578	578	record of the discussion is not subject to section 44-04-18 and section 6 of article XI of
579	579	the Constitution of North Dakota.
580	580	SECTION 8. Section 14-02.1-04.4 of the North Dakota Century Code is created and
581	581	enacted as follows:
582	582	14 - 02.1 - 04.4. Abortion limitations
583	583	1.An abortion procedure may be performed from fertilization through fifteen weeks of
584	584	gestation. The abortion procedure must be performed:
585	585	a.Under the supervision of a physician licensed under chapter 43 - 17;
586	586	b.In a licensed healthcare facility; and
587	587	c.In compliance with section 14 - 02.1 - 03.
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621	621	2.An abortion procedure may be performed from sixteen through twenty - six weeks
622	622	gestation only when:
623	623	a.Approved for a medical purpose, including a serious health risk, by the licensed
624	624	hospital's abortion approval committee under section 14 - 02.1 - 04.3, and
625	625	b.Performed by a physician, board certified or board eligible in:
626	626	(1)Obstetrics and gynecology; or,
627	627	(2)Family medicine with additional training in obstetrics and gynecology; and
628	628	c.In compliance with section 14 - 02.1 - 03.
629	629	3.An abortion procedure may be performed from twenty - seven weeks gestation through
630	630	parturition only when deemed medically required and approved by an abortion
631	631	approval committee.
632	632	4.This section does not apply in a medical emergency under section 14 - 02.1 - 04.5.
633	633	SECTION 9. Section 14-02.1-04.5 of the North Dakota Century Code is created and
634	634	enacted as follows:
635	635	14 - 02.1 - 04.5. Medical emergency abortion procedures.
636	636	A medical emergency decision to perform an abortion does not require approval of the
637	637	abortion committee under 14 - 02.1 - 04.3. A medical emergency requiring an abortion procedure
638	638	may be carried out by any physician licensed under chapter 43 - 17 in a medical effort to
639	639	preserve the life of the mother and the fetus, at any point medically necessary during a
640	640	pregnancy.
641	641	SECTION 10. AMENDMENT. Section 14-02.1-05 of the North Dakota Century Code is
642	642	amended and reenacted as follows:
643	643	14-02.1-05. Preserving life of a viable child - Penalty.
644	644	An abortion of a viable child may be performed only when there is in attendance a physician
645	645	other than the physician performing the abortion who shall take control and provide immediate
646	646	medical care for the viable child born as a result of the abortion. The physician performing it,
647	647	and subsequent to the abortion, the physician required by this section to be in attendance, shall
648	648	take all reasonable steps in keeping with good medical practice, consistent with the procedure
649	649	used, to preserve the life and health of the unborn childfetus. Failure to do so is a class C
650	650	felony.
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682	682	Legislative Assembly
683	683	SECTION 11. AMENDMENT. Section 14-02.1-07 of the North Dakota Century Code is
684	684	amended and reenacted as follows:
685	685	14-02.1-07. Records required - Reporting of practice of abortion.
686	686	1.a.All abortionhealth care facilities and hospitals in which abortions are performed
687	687	shall keep records, including admission and discharge notes, histories, results of
688	688	tests and examinations, nurses' worksheets, social service records, and progress
689	689	notes, and shall further keep a copy of all written certifications provided for in this
690	690	chapter as well as a copy of the constructive notice forms, consent forms, court
691	691	orders, abortion data reports, adverse event reports, abortion compliance reports,
692	692	and complication reports. All abortion facilities shall keep the following records:
693	693	(1)The number of women who availed themselves of the opportunity to receive
694	694	and view an ultrasound image of their unborn children pursuant to section
695	695	14-02.1-04, and the number who did not; and of each of those numbers, the
696	696	number who, to the best of the reporting abortion facility's information and
697	697	belief, went on to obtain the abortion.
698	698	(2)A record of the probable gestational age of the unborn child at the time of
699	699	the abortion. If a probable gestational age of the unborn child was not made
700	700	because of a medical emergency, the record must include the basis of the
701	701	determination that a medical emergency existedin accordance with state
702	702	and federal law.
703	703	b.The medical records of abortion facilities and hospitals in which abortions are
704	704	performed and all information contained therein must remain confidential and
705	705	may be used by the department of health and human services only for gathering
706	706	statistical data and ensuring compliance with the provisions of this chapter.
707	707	c.Records must be maintained in the permanent files of the hospital or abortion
708	708	facility for a period of not less than seven years.
709	709	d.An abortion committee formed by a hospital under section 14 - 02.1 - 04.3 shall
710	710	report annually:
711	711	(1)The number of cases considered by the committee; and
712	712	(2)The number of cases approved by the committee.
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745	745	2.a.An individual abortion compliance report and an individual abortion data report for
746	746	each abortion performed upon a woman must be completed by her attending
747	747	physician. The abortion data report must be confidential and may not contain the
748	748	name of the woman. The abortion data report must include the data called for in
749	749	the United States standard report of induced termination of pregnancy as
750	750	recommended by the national center for health statistics and whether:
751	751	(1)The abortion was performed to prevent the death of the pregnant female;
752	752	(2)The pregnancy resulted from gross sexual imposition, sexual imposition,
753	753	sexual abuse of a ward, or incest, as those offenses are defined in chapter
754	754	12.1-20; or
755	755	(3)Necessary due to a medical emergency.
756	756	b.All abortion compliance reports must be signed by the attending physician within
757	757	twenty-four hours and submitted to the department of health and human services
758	758	within ten business days from the date of the abortion. All abortion data and
759	759	complication reports must be signed by the attending physician and submitted to
760	760	the department of health and human services within thirty days from the date of
761	761	the abortion. If a physician provides an abortion-inducing drug to another for the
762	762	purpose of inducing an abortion and the physician knows that the individual
763	763	experiences during or after the use an adverse event, the physician shall provide
764	764	a written report of the adverse event within thirty days of the event to the
765	765	department of health and human services and the federal food and drug
766	766	administration via the medwatch reporting system. For purposes of this section,
767	767	"adverse event" is defined based upon the federal food and drug administration
768	768	criteria given in the medwatch reporting system. If a determination of probable
769	769	gestational age of the unborn child was not made, the abortion compliance report
770	770	must state the basis of the determination that a medical emergency existed.
771	771	c.A copy of the abortion report, any complication report, and any adverse event
772	772	report must be made a part of the medical record of the patient at the facility or
773	773	hospital in which the abortion was performed. In cases when post-abortion
774	774	complications are discovered, diagnosed, or treated by physicians not associated
775	775	with the facility or hospital where the abortion was performed, the department of
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809	809	health and human services shall forward a copy of the report to that facility or
810	810	hospital to be made a part of the patient's permanent record.
811	811	d.The department of health and human services is responsible for collecting all
812	812	abortion compliance reports, abortion data reports, complication reports, and
813	813	adverse event reports and collating and evaluating all data gathered from these
814	814	reports and shall annually publish a statistical report based on data from
815	815	abortions performed in the previous calendar year. All abortion compliance
816	816	reports received by the department of health and human services are public
817	817	records. Except for disclosure to a law enforcement officer or state agency, the
818	818	department may not disclose an abortion compliance report without first removing
819	819	any individually identifiable health information and any other demographic
820	820	information, including race, marital status, number of previous live births, and
821	821	education regarding the woman upon whom the abortion was performed.
822	822	e.The department of health and human services shall report to the attorney general
823	823	any apparent violation of this chapter.
824	824	SECTION 12. AMENDMENT. Section 14-02.1-08 of the North Dakota Century Code is
825	825	amended and reenacted as follows:
826	826	14-02.1-08. Protection of infant born alive - Penalty.
827	827	1.A person is guilty of a class C felony if the person knowingly, or negligently, causes the
828	828	death of an infant born alive.
829	829	2.Whenever an unborn childa fetus who is the subject of abortion is born alive and is
830	830	viable, it becomes an abandoned child and a child in need of protection, unless:
831	831	a.The termination of the pregnancy is necessary to preserve the life of the mother;
832	832	or
833	833	b.The mother and her spouse, or either of them, have agreed in writing in advance
834	834	of the abortion, or within seventy-two hours thereafter, to accept the parental
835	835	rights and responsibilities for the unborn childfetus if it survives the abortion
836	836	procedure.
837	837	SECTION 13. AMENDMENT. Section 14-02.1-09 of the North Dakota Century Code is
838	838	amended and reenacted as follows:
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871	871	14-02.1-09. Humane disposal of nonviable unborn childfetus.
872	872	The physician performing the abortion, if performed outside of a hospital, must see to it that
873	873	the unborn childfetus is disposed of in a humane fashion under regulationsrules established by
874	874	the department of health and human services. A licensed hospital in which an abortion is
875	875	performed must dispose of a dead unborn childfetus in a humane fashion in compliance with
876	876	regulations promulgatedrules adopted by the department of health and human services.
877	877	SECTION 14. AMENDMENT. Section 14-10-15 of the North Dakota Century Code is
878	878	amended and reenacted as follows:
879	879	14-10-15. Unborn childFetus - When deemed existing person.
880	880	A childfetus conceived but not born is to be deemed an existing person so far as may be
881	881	necessary for its interests in the event of its subsequent birth.
882	882	SECTION 15. AMENDMENT. Subsection 3 of section 14-10-19 of the North Dakota
883	883	Century Code is amended and reenacted as follows:
884	884	3.A physician or other health care professional who, pursuant to subsection 1, provides
885	885	pregnancy care services to a minor may inform the parent or guardian of the minor of
886	886	any pregnancy care services given or needed if the physician or other health care
887	887	professional discusses with the minor the reasons for informing the parent or guardian
888	888	prior to the disclosure and, in the judgment of the physician or other health care
889	889	professional:
890	890	a.Failure to inform the parent or guardian would seriously jeopardize the health of
891	891	the minor or her unborn childfetus;
892	892	b.Surgery or hospitalization is needed; or
893	893	c.Informing the parent or guardian would benefit the health of the minor or her
894	894	unborn childfetus.
895	895	SECTION 16. REPEAL. Sections 14-02.1-03.4, 14-02.1-03.5, and 14-02.1-04 of the North
896	896	Dakota Century Code are repealed.
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