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