Religious exercise of patient or resident under the care of the department of health and human services
N.D. Cent. Code § 25-01-17
in effect25-01-17. Religious exercise of patient or resident under the care of the department of
health and human services.
1. The department of health and human services may not:
a. Substantially burden the exercise of religion by patient or resident under the
department's care unless the burden is in furtherance of a compelling
governmental interest and is the least restrictive means of furthering that
compelling governmental interest;
b. Treat religious conduct more restrictively than any comparable secular conduct
unless the department demonstrates the disparate treatment is necessary to
further a compelling governmental interest and is the least restrictive means of
furthering that compelling governmental interest; or
c. Deny clergy access to a patient or resident for the purpose of providing religious
services unless the department demonstrates the denial is necessary to further a
compelling governmental interest and is the least restrictive means of furthering
that compelling governmental interest.
2. A patient or resident of the department of health and human services claiming to be
aggrieved by a violation of this section, may assert, after exhausting appropriate
administrative remedies, that violation as a claim or defense in a judicial proceeding
and obtain appropriate relief, including costs and reasonable attorney's fees.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t25c01.pdf#nameddest=25-01-17Fetched: 10/16/2026