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North Dakota House Bill HB1511

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1511 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1511
4-(Representatives Rohr, Lefor, D. Ruby, Steiner, Vigesaa)
5-(Senators Gerhardt, Hogue, Klein, Myrdal)
6-AN ACT to create and enact a new subsection to section 43-17-27.1 of the North Dakota Century Code,
7-relating to physician continuing education requirements; to amend and reenact section
8-14-02.1-04 of the North Dakota Century Code, relating to limitations on the performance of an
9-abortion; to provide an appropriation; to provide an effective date; and to declare an emergency.
1+25.0963.04000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Rohr, Lefor, D. Ruby, Steiner, Vigesaa
7+Senators Gerhardt, Hogue, Klein, Myrdal
8+A BILL for an Act to create and enact a new subsection to section 43-17-27.1 of the North
9+Dakota Century Code, relating to physician continuing education requirements; to amend and
10+reenact section 14-02.1-04 of the North Dakota Century Code, relating to limitations on the
11+performance of an abortion; to provide an appropriation; to provide an effective date; and to
12+declare an emergency.
1013 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11-SECTION 1. AMENDMENT. Section 14-02.1-04 of the North Dakota Century Code is amended and
12-reenacted as follows:
14+SECTION 1. AMENDMENT. Section 14-02.1-04 of the North Dakota Century Code is
15+amended and reenacted as follows:
1316 14-02.1-04. Limitations on the performance of abortions - Penalty.
14-1.An abortion may not be performed by any personindividual other than a physician who is using
15-applicable medical standards and who is licensed to practice in this state. All physicians
16-performing abortion procedures must have admitting privileges at a hospital located within
17-thirty miles [42.28 kilometers] of the abortion facility and staff privileges to replace hospital
18-on-staff physicians at that hospital. These privileges must include the abortion procedures the
19-physician will be performing at abortion facilities. An abortion facility must have a staff member
20-trained in cardiopulmonary resuscitation present at all times when the abortion facility is open
21-and abortions are scheduled to be performed.
22-2.After the first twelve weeks of pregnancy but before the time at which the unborn child may
23-reasonably be expected to have reached viability, an abortion may not be performed in any
24-facility other than a licensed hospital.
25-3.An abortion facility may not perform an abortion on a woman without first offering the woman
26-an opportunity to receive and view at the abortion facility or another facility an active
27-ultrasound of her unborn child. The offer and opportunity to receive and view an ultrasound
28-must occur at least twenty-four hours before the abortion is scheduled to be performed. The
29-active ultrasound image must be of a quality consistent with standard medical practice in the
30-community, contain the dimensions of the unborn child, and accurately portray the presence of
31-external members and internal organs, including the heartbeat, if present or viewable, of the
32-unborn child. The auscultation of the fetal heart tone must be of a quality consistent with
33-standard medical practice in the community. The abortion facility shall document the woman's
34-response to the offer, including the date and time of the offer and the woman's signature
35-attesting to her informed decision.
36-4.A physician may not perform an abortion unless the physician has reviewed the educational
37-information created under section 43 - 17 - 27.1 within two years before the performance of an
38-abortion. This subsection does not apply in the case of a medical emergency.
39-5.Any physician who performs an abortion without complying with the provisions of this section
40-is guilty of a class A misdemeanor.
41-5.6.It is a class B felony for any personindividual, other than a physician licensed under chapter
42-43-17, to perform an abortion in this state.
43-SECTION 2. A new subsection to section 43-17-27.1 of the North Dakota Century Code is created
44-and enacted as follows: H. B. NO. 1511 - PAGE 2
45-The board shall provide access on the board's website to an instructional course on chapters
46-12.1 - 19.1, 14 - 02.1, and 14 - 02.6 as the chapters relate to the practice of medicine. The
47-instructional course must be developed by contract through the office of management and
48-budget, in consultation with and with final approval from the attorney general. This section
49-does not create a right of action against the board by a physician acting upon reliance of the
50-instructional course. The instructional course must be updated periodically to accurately reflect
51-state law.
52-SECTION 3. APPROPRIATION - OFFICE OF MANAGEMENT AND BUDGET - INSTRUCTIONAL
53-COURSE DEVELOPMENT. There is appropriated out of any moneys in the general fund in the state
54-treasury, not otherwise appropriated, the sum of $50,000, or so much of the sum as may be necessary,
55-to the office of management and budget for the purpose of developing an instructional course on
56-chapters 12.1-19.1, 14-02.1, and 14-02.6 as the chapters relate to the practice of medicine, for the
57-biennium beginning July 1, 2025, and ending June 30, 2027. The contract must be awarded to an
58-individual who is or an organization that includes a physician with a minimum of twenty-five years of
59-experience in the practice of obstetrics in the state, and must be developed with and granted final
60-approval from the attorney general.
61-SECTION 4. EFFECTIVE DATE. Sections 1 and 2 of this Act become effective on January 1, 2026.
62-SECTION 5. EMERGENCY. Section 3 of this Act is declared to be an emergency measure. H. B. NO. 1511 - PAGE 3
63-____________________________ ____________________________
64-Speaker of the House President of the Senate
65-____________________________ ____________________________
66-Chief Clerk of the House Secretary of the Senate
67-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
68-Assembly of North Dakota and is known on the records of that body as House Bill No. 1511 and that
69-two-thirds of the members-elect of the House of Representatives voted in favor of said law.
70-Vote: Yeas 72 Nays 17 Absent 5
71-____________________________ ____________________________
72-Speaker of the House Chief Clerk of the House
73-This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
74-Vote: Yeas 41 Nays 5 Absent 1
75-____________________________ ____________________________
76-President of the Senate Secretary of the Senate
77-Received by the Governor at ________M. on _____________________________________, 2025.
78-Approved at ________M. on __________________________________________________, 2025.
79-____________________________
80-Governor
81-Filed in this office this ___________day of _______________________________________, 2025,
82-at ________ o’clock ________M.
83-____________________________
84-Secretary of State
17+1.An abortion may not be performed by any personindividual other than a physician who
18+is using applicable medical standards and who is licensed to practice in this state. All
19+physicians performing abortion procedures must have admitting privileges at a hospital
20+located within thirty miles [42.28 kilometers] of the abortion facility and staff privileges
21+to replace hospital on-staff physicians at that hospital. These privileges must include
22+the abortion procedures the physician will be performing at abortion facilities. An
23+abortion facility must have a staff member trained in cardiopulmonary resuscitation
24+present at all times when the abortion facility is open and abortions are scheduled to
25+be performed.
26+2.After the first twelve weeks of pregnancy but before the time at which the unborn child
27+may reasonably be expected to have reached viability, an abortion may not be
28+performed in any facility other than a licensed hospital.
29+Page No. 1 25.0963.04000
30+ENGROSSED HOUSE BILL NO. 1511
31+FIRST ENGROSSMENT
32+with Senate Amendments
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53+21 Sixty-ninth
54+Legislative Assembly
55+3.An abortion facility may not perform an abortion on a woman without first offering the
56+woman an opportunity to receive and view at the abortion facility or another facility an
57+active ultrasound of her unborn child. The offer and opportunity to receive and view an
58+ultrasound must occur at least twenty-four hours before the abortion is scheduled to
59+be performed. The active ultrasound image must be of a quality consistent with
60+standard medical practice in the community, contain the dimensions of the unborn
61+child, and accurately portray the presence of external members and internal organs,
62+including the heartbeat, if present or viewable, of the unborn child. The auscultation of
63+the fetal heart tone must be of a quality consistent with standard medical practice in
64+the community. The abortion facility shall document the woman's response to the offer,
65+including the date and time of the offer and the woman's signature attesting to her
66+informed decision.
67+4.A physician may not perform an abortion unless the physician has reviewed the
68+educational information created under section 43 - 17 - 27.1 within two years before the
69+performance of an abortion. This subsection does not apply in the case of a medical
70+emergency.
71+5.Any physician who performs an abortion without complying with the provisions of this
72+section is guilty of a class A misdemeanor.
73+5.6.It is a class B felony for any personindividual, other than a physician licensed under
74+chapter 43-17, to perform an abortion in this state.
75+SECTION 2. A new subsection to section 43-17-27.1 of the North Dakota Century Code is
76+created and enacted as follows:
77+The board shall provide access on the board's website to an instructional course on
78+chapters 12.1 - 19.1, 14 - 02.1, and 14 - 02.6 as the chapters relate to the practice of
79+medicine. The instructional course must be developed by contract through the office of
80+management and budget, in consultation with and with final approval from the attorney
81+general. This section does not create a right of action against the board by a physician
82+acting upon reliance of the instructional course. The instructional course must be
83+updated periodically to accurately reflect state law.
84+SECTION 3. APPROPRIATION - OFFICE OF MANAGEMENT AND BUDGET -
85+INSTRUCTIONAL COURSE DEVELOPMENT. There is appropriated out of any moneys in the
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117+31 Sixty-ninth
118+Legislative Assembly
119+general fund in the state treasury, not otherwise appropriated, the sum of $50,000, or so much
120+of the sum as may be necessary, to the office of management and budget for the purpose of
121+developing an instructional course on chapters 12.1-19.1, 14-02.1, and 14-02.6 as the chapters
122+relate to the practice of medicine, for the biennium beginning July 1, 2025, and ending June 30,
123+2027. The contract must be awarded to an individual who is or an organization that includes a
124+physician with a minimum of twenty-five years of experience in the practice of obstetrics in the
125+state, and must be developed with and granted final approval from the attorney general.
126+SECTION 4. EFFECTIVE DATE. Sections 1 and 2 of this Act become effective on
127+January 1, 2026.
128+SECTION 5. EMERGENCY. Section 3 of this Act is declared to be an emergency measure.
129+Page No. 3 25.0963.04000
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