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

North Dakota § 25-01-17

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01: General Provisions

Text

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.