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HB 1511

Insurance; Insurance Act of 2025; effective date.

2025 Regular Session Introduced by Mark Tedford

The bill adds mandatory obstetric physician education and enacts stricter abortion provision rules, including hospital privileges, 12-week clinic limits, ultrasound consent, and pe

Second Reading referred to Rules
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Bill Summary · HB 1511

Summary — HB 1511 (North Dakota)

Bill title: 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.

Status: Filed; versions progressed through committee and were engrossed. Key provisions effective date: Sections 1 and 2 effective January 1, 2026. Appropriation section declared an emergency.

Purpose and intent
- To add required instructional/continuing‑education material for physicians who practice obstetrics and to amend limits and requirements governing where and how abortions may be performed in North Dakota.

Key provisions and changes
- Physician education/course access
- The State Board of Medicine must provide access on its website to an instructional course covering chapters 12.1‑19.1, 14‑02.1, and 14‑02.6 (as they relate to medical practice).
- The course must be developed by contract through the Office of Management and Budget (OMB), in consultation with and with final approval from the Attorney General.
- The course must be periodically updated to reflect state law and the statute clarifies it does not create a private right of action against the board by a physician relying on the course.

  • Abortion‑related operational and provider requirements (amendments to 14‑02.1‑04)

    • Provider qualifications: Abortions may be performed only by licensed physicians engaged in obstetrics using applicable medical standards.
    • Hospital privileges: Physicians performing abortions must have admitting privileges at a hospital located within 30 miles of the abortion facility and must have staff privileges to replace hospital on‑staff physicians at that hospital. These privileges must include the abortion procedures the physician will perform at the facility.
    • Facility/CPR requirement: An abortion facility must have a staff member trained in cardiopulmonary resuscitation present whenever the facility is open and abortions are scheduled.
    • Location restrictions: After the first 12 weeks of pregnancy but before viability, abortions may be performed only in a licensed hospital.
    • Ultrasound offering and timing: Facilities must offer the woman the opportunity to receive and view an active ultrasound at least 24 hours before the scheduled abortion; the ultrasound and any fetal heartbeat auscultation must meet community standard medical quality and be documented, including the woman's response and signature.
    • Education review requirement: A physician may not perform an abortion unless the physician has reviewed the educational information created under §43‑17‑27.1 within two years before performing the abortion (except in a medical emergency).
    • Penalties: Performing an abortion without complying with the section is a class A misdemeanor for a physician. It is a class B felony for a non‑physician to perform an abortion.

  • Appropriation and contract requirements

    • Appropriation: $50,000 (from the general fund) is appropriated to OMB for development of the instructional course for the 2025–2027 biennium (July 1, 2025 – June 30, 2027). Section providing the appropriation is declared an emergency.
    • Contract award requirements: The development contract must be awarded to an individual or organization that includes a physician with at least 25 years’ experience in obstetrics in the state; final approval of the course by the Attorney General is required.

Who is affected
- Physicians engaged in obstetrics (new course access and review requirement; hospital privileging expectations).
- Abortion facilities and clinics (facility staffing, ultrasound offering/documentation, potential limits on procedures after 12 weeks).
- Hospitals (admitting and staff replacement privileges may be implicated).
- Patients seeking abortions (timing, informed‑consent/ultrasound processes, potential access impacts).
- OMB, Board of Medicine, Attorney General (responsibilities for contracting, hosting, and approving the course).

Procedural and timeline notes
- Sections 1 and 2 become effective January 1, 2026.
- The appropriation ($50,000) is made to OMB for the 2025–2027 biennium and is treated as an emergency measure so funds may be available immediately for contract development.
- The course must be produced under contract and periodically updated; physicians must have reviewed it within two years before performing abortions (unless emergency).

Potential impacts (summary)
- Administrative: one‑time/state contracting cost of $50,000; ongoing Board/OMB/AG oversight and periodic updates.
- Clinical/operational: hospital admitting‑privilege and staff‑privilege requirements and the hospital‑only rule after 12 weeks could reduce the number of physicians or facilities able to provide abortions, potentially affecting access depending on local hospital policies and geography.
- Legal: requirements linking provider privileges and facility standards sometimes generate litigation; the bill includes Attorney General approval of course content and disclaims a private right of action against the Board for reliance on the course.

Note: Multiple drafts of HB 1511 circulated; the summary above reflects the engrossed/enrolled version amending NDCC §§14‑02.1‑04 and 43‑17‑27.1 and the appropriation language as presented in the most recent enrolled/first engrossment text.

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

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