# Title 33 — State Department of Health

## Article 33-03 — Public Health Division

## Chapter 33-03-02 — Abortion

### § 33-03-02-01. Full disclosure and informed consent form.

In accordance with requirements under North Dakota Century Code section 14-02.1-02, the state
department of health has developed an Induced Abortion Disclosure and Consent Form (Appendix A) to
be executed in duplicate. The form shall be used by the physician, patient, parent or parents, or legal
guardian as prescribed in North Dakota Century Code chapter 14-02.1.
General Authority: NDCC 23-01-03
Law Implemented: NDCC 14-02.1-02
### § 33-03-02-02. Life-supporting equipment.

Life-supporting equipment for the preservation of a viable fetus shall, as a minimum, include all of
the following:
1. Oxygen source.
2. Heat source (overhead warmer, incubator, warmed blankets).
General Authority: NDCC 23-01-03
Law Implemented: NDCC 14-02.1-05
### § 33-03-02-03. Reporting of practice of abortion.

In accordance with requirements of North Dakota Century Code section 14-02.1-07, the state
department of health has a Report of Induced Abortion Form (Appendix B) to be executed in duplicate.
The form shall be used by the hospital or facility in which an induced abortion is performed.
General Authority: NDCC 23-01-03
Law Implemented: NDCC 14-02.1-07
### § 33-03-02-04. Humane disposal of nonviable fetus.

Superseded by section 33-03-02-05.
### § 33-03-02-05. Humane disposal of nonviable fetus.

Disposal of a nonviable fetus in a humane fashion shall consist of incineration, burial, or cremation.
The licensed physician performing the abortion or the licensed hospital in which an abortion is
performed may contract for out-of-state incineration, burial, or cremation of nonviable fetuses.
Incinerators within the state of North Dakota used for the disposal of nonviable fetuses must meet the
requirement of chapter 33-15-14.
History: Effective March 1, 1988.
General Authority: NDCC 14-02.1-09, 23-01-03
Law Implemented: NDCC 14-02.1-09

1. Concerning the state of development of the fetus: _________
____________________________________________________________
____________________________________________________________
____________________________________________________________
2. Concerning the method of abortion to be utilized and the
effects of this method upon the fetus: ____________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
3. Concerning possible physical and psychological complications
of abortion: ______________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
4. Concerning available alternatives to abortion (e.g., child-
birth, adoption): _________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
I hereby certify that I have fully disclosed the above information to the undersigned individual
regarding the abortion to which she has voluntarily consented.
Physician's Signature: ______________________ Date: ________
I hereby certify that the above disclosures have been fully stated to me and that I consent to the
performance of this abortion of my own volition and without duress.
Patient's Signature: _________________________ Date: ________
I hereby certify that I am the legal husband of the above mentioned patient and that I voluntarily
consent to this abortion of my own volition and without duress.
Husband's Signature: _________________________ Date: ________
I hereby certify that I am the (parent, legal guardian) of the above mentioned patient and that I
voluntarily consent to this abortion of my own volition without duress.
Signature of Parent
or Legal Guardian: ___________________________ Date: ________

