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HB 1477

A BILL for an Act to create and enact a new chapter to title 14 of the North Dakota Century Code, relating to fertility health care treatment rights; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Mike Brandenburg and 5 co-sponsors

HB 1477 would bar state/local bans on fertility treatments, affirm patients' and providers' rights to assisted reproduction under evidence-based care, with civil enforcement.

Second reading, failed to pass, yeas 34 nays 59
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WeVote Research Nonpartisan
Bill Summary · HB 1477

Summary — HB 1477 (North Dakota): Fertility Health Care Treatment Rights

Status: Introduced Nov. 26, 2024 — Second reading, failed to pass (yeas 34 / nays 59)

Main purpose

HB 1477 would create a new chapter in Title 14 of the North Dakota Century Code to establish statutory rights relating to fertility health care and assisted reproduction. The bill is designed to prohibit state and local government actions that limit or impede access to fertility treatments and to affirm corresponding rights for patients, health care providers, health carriers, and manufacturers. It also provides a civil enforcement mechanism and remedies for violations.

Key definitions (select)

  • Assisted reproduction: methods to cause pregnancy other than sexual intercourse (e.g., intrauterine insemination, egg/embryo donation, in vitro fertilization, intracytoplasmic sperm injection).
  • Assisted reproductive technology: in vitro fertilization and other treatments where reproductive genetic material is handled.
  • Fertility treatment: services, procedures, testing, medication, monitoring, products, and genetic testing related to reproduction.
  • Reproductive genetic material: oocytes (eggs), sperm, and embryos.
  • “Widely accepted and evidence‑based medical standards of care”: guidelines consistent with the American Society for Reproductive Medicine (ASRM) and the American College of Obstetricians and Gynecologists (ACOG).

Principal provisions

  • Prohibition on government restrictions: The state and its political subdivisions may not enact, implement, administer, or enforce any law, rule, or policy that has the effect of prohibiting, limiting, delaying, or impeding access to assisted reproduction services or fertility treatment, or that otherwise violates the rights created by the chapter.
  • Individual rights: Under accepted medical standards, individuals have the right to receive fertility treatment, make decisions and arrangements about donation, testing, storage and disposition of reproductive genetic material, and enter contracts with providers for handling that material.
  • Provider rights: Health care providers may provide or assist with fertility treatments, handle reproductive genetic material, and enter contracts with individuals or manufacturers regarding handling, testing, storage, shipping, and disposal.
  • Health carrier and manufacturer rights: Health carriers may choose to cover fertility-related services; manufacturers may make, import, sell, or distribute drugs or devices related to fertility treatment and reproductive material handling.
  • Contracting: The bill affirms parties’ ability to enter contracts governing the handling and disposition of reproductive genetic material.
  • Safety/health regulation exception: State enforcement of health and safety laws is not a violation if the regulation conforms to the stated evidence‑based standards and the health/safety objective cannot be met by a less restrictive means.

Enforcement and remedies

  • Who may sue: The Attorney General or any person (including a health care provider) adversely affected by a policy that violates the chapter may bring a civil action.
  • Remedies: If a court finds a violation, it may set aside the unlawful requirement, award equitable relief (including injunctions), and award court costs and reasonable attorney’s fees to the prevailing plaintiff. Plaintiffs are protected from liability for costs from nonfrivolous suits.
  • Not a criminal penalty statute: enforcement is civil; no criminal penalties specified.

Who would be affected

  • Patients seeking fertility services and their families.
  • Health care providers who deliver fertility treatments (physicians, clinics, laboratories).
  • Health carriers/insurers (the bill affirms their right to offer coverage but does not mandate coverage).
  • Manufacturers and distributors of fertility drugs, devices, and related supplies.
  • State agencies and local governments (prohibited from enacting or enforcing restrictive policies).

Procedural/timeline notes

  • The bill creates a new statutory chapter; effective date would follow standard enactment procedure if passed.
  • Provided status indicates the measure failed on second reading (yeas 34 / nays 59). If reintroduced or amended, similar provisions could return for further consideration.

Potential impacts (summary)

  • Strengthens legal protection for access to assisted reproduction in North Dakota, reducing the ability of government entities to restrict services.
  • Clarifies contractual and property‑like rights related to reproductive genetic material.
  • Could prompt litigation to challenge local or state policies viewed as restrictive; imposes potential liability for government actors who enact such policies.
  • Does not require insurers to cover fertility services, but it affirms insurers’ ability to offer such coverage.

Compiled from official sources — confirm details with the bill’s official record.

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