Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

North Dakota allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Individuals, hospitals, physicians, nurses, and hospital employees.

What does the refusal clause allow? No hospital, physician, nurse, hospital employee, or any other person is under any duty by law or contract to participate in an abortion, and no hospital or person who objects may be required to participate. The refusal to participate may not be a basis for discrimination.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

N.D. Cent. Code § 23-16-14 (Enacted 1973).