1.     a.    A physician or other health care provider may provide pregnancy testing and pain management related to pregnancy to a minor without the consent of a parent or guardian.

Terms Used In North Dakota Code 14-10-19

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

b.    A physician or other health care provider may provide prenatal care to a pregnant minor in the first trimester of pregnancy or may provide a single prenatal care visit in the second or third trimester of pregnancy without the consent of a parent or guardian.

c.    A physician or other health care provider may provide prenatal care beyond the first trimester of pregnancy or in addition to the single prenatal care visit in the second or third trimester if, after a good-faith effort, the physician or other health care provider is unable to contact the minor’s parent or guardian.

d.    The costs incurred by the physician or other health care provider for performing services under this section may not be submitted to a third-party payer without the consent of the minor’s parent or guardian.

e.    This section does not authorize a minor to consent to abortion or otherwise supersede the requirements of chapter 14-02.1.

2.    If a minor requests confidential services pursuant to subsection 1, the physician or other health care professional shall encourage the minor to involve her parents or guardian. Notwithstanding subsection 1, a physician or other health care professional or a health care facility may not be compelled against their best judgment to treat a minor based on the minor’s own consent.

3.    A physician or other health care professional who, pursuant to subsection 1, provides pregnancy care services to a minor may inform the parent or guardian of the minor of any pregnancy care services given or needed if the physician or other health care professional discusses with the minor the reasons for informing the parent or guardian prior to the disclosure and, in the judgment of the physician or other health care professional:

a.    Failure to inform the parent or guardian would seriously jeopardize the health of the minor or her unborn child; b.    Surgery or hospitalization is needed; or

c.    Informing the parent or guardian would benefit the health of the minor or her unborn child.

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