§ 25-01-17 — Religious exercise of patient or resident under the care of the department of health and human services

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.