North Dakota ‘Human Dismemberment Abortion’ Ban (HB 1546)

This law was last updated on Feb 1, 2019

This law is Anti–Choice Model Bill


North Dakota


HB 1546




Jan 14, 2019


Dilation and Evacuation Bans

Full Bill Text

HB 1546 would prohibit a person from intentionally performing a “human dismemberment abortion.”

The bill defines “human dismemberment abortion” to mean:

[…]intentionally dismembering a living unborn child and extracting the unborn child one piece at a time from a uterus, with the purpose of causing the death of an unborn child, through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp the head, arm, leg, spinal cord, internal organ, or other portion of the unborn child’s body to cut or rip it off, regardless if the fetal body parts are removed by the same instrument, suction, or other means.

Except in the case of a medical emergency, it would be a class C felony for an individual to intentionally perform such a procedure.

This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)

Related Legislation

Based on model legislation drafted by the National Right to Life Committee.

Latest Action

1/14/19 – Introduced; referred to Human Services Committee.

1/31/19 – Passed the state House by a 78-13 vote.