North Dakota — State AI Laws (SB 2280 health-care prior-auth, HB 1167 political-ad disclosure, HB 1361 AI-personhood) + Federal Profile: AI Compliance Requirements

North Dakota SB 2280 (69th Legislative Assembly, signed Apr 23, 2025, effective January 1, 2026) requires that an adverse prior-authorization (utilization-review) determination by a health insurer or utilization-review entity be made by a licensed physician and prohibits a denial issued solely by an artificial intelligence or automated decision system; it also imposes timeframes on prior-authorization decisions. Health plans, utilization-review organizations, and their AI vendors operating in North Dakota must ensure a licensed physician makes and is accountable for any AI-assisted adverse determination. Enforced by the North Dakota Insurance Department.

FTC Act § 5 applies to all North Dakota businesses using AI. North Dakota Consumer Fraud Act provides state-level enforcement for deceptive AI practices. Ensure AI systems disclose their nature, AI claims are truthful, and AI-driven agricultural commodity pricing does not engage in unfair trade practices.

North Dakota HB 1167 (69th Legislative Assembly, signed Apr 11, 2025, effective Aug 1, 2025) amends the Corrupt Practices statute to require a prominent "This content generated by artificial intelligence" disclaimer on any political communication or advertisement that uses AI to realistically depict or impersonate a real person (candidate, committee, party, or ballot measure). A violation is a Class A misdemeanor. Campaigns, committees, agencies, and platforms distributing AI-generated political content in North Dakota must carry the disclaimer.

North Dakota HB 1361 (68th Legislative Assembly, 2023, emergency clause) amended North Dakota Century Code § 1-01-49(8) so that the definition of "person" excludes artificial intelligence — AI (along with environmental elements, animals, and inanimate objects) may not be granted legal personhood or any right that personhood entails, and a natural person's rights are superior. This is a definitional / liability-context statute (no penalty): AI systems cannot hold rights, sign contracts as a principal, or bear personhood-based legal standing in North Dakota; legal responsibility rests with the natural or corporate persons deploying the AI.

EEOC May 2023 guidance applies to North Dakota employers using AI hiring, scheduling, or performance evaluation tools. North Dakota's oil field, agricultural processing, and healthcare sectors using AI worker monitoring must test for disparate impact. Document AI vendor disparate impact test results.

North Dakota's Bakken oil formation has extensive pipeline infrastructure monitored by AI leak detection and safety systems. Pipeline and Hazardous Materials Safety Administration (PHMSA) guidance on AI and machine learning in pipeline integrity management (PHMSA-2023-0011) applies to pipeline operators using AI leak detection, anomaly detection, or predictive maintenance AI. AI failures in pipeline safety systems have regulatory consequences.

Monitor ndlegis.gov. North Dakota legislature meets biennially (odd years). Next session: January 2027. North Dakota's agricultural sector may drive data privacy and AI data governance legislation.