North Dakota Pain-Capable Unborn Child Protection Act (SB 2368)
This law was last updated on Aug 14, 2013
20-Week Abortion Ban
This bill bans abortion at 20 weeks post-fertilization except in cases of medical emergency, i.e., unless abortion is necessary to avert death of a pregnant woman, or serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
The stated purpose of the 20-week ban as amended by SB 2004 is to “to protect unborn human life and maternal health within present constitutional limits. It reaffirms the tradition of the state of North Dakota to protect every human life whether unborn or aged, healthy or sick.”
No specific legislative findings on junk science are included in the bill text.
Physician Reporting Requirements
The bill amends record and reporting provisions in N.D. Century Code 14-02.1-07:
- Records: Abortion providers are required to maintain records regarding post-fertilization age—whether post-fertilization age was determined, if the post-fertilization age was 20 weeks or more and an abortion was performed, the nature of the medical emergency that made the abortion necessary. Records must be maintained for seven years.
- Reporting: If post-fertilization age determination was not made and an abortion was performed, the abortion compliance report must state the basis of the medical emergency that made the abortion necessary.