Title 23 — Health and Safety

Every competent adult has the right and responsibility to make the decisions relating to the adult's own health care, including the decision to have health care provided, withheld, or withdrawn. The purpose of this chapter is to enable adults to retain control over their own heal…

In this chapter, unless the context otherwise requires: 1. "Agent" means an adult to whom authority to make health care decisions is delegated under a health care directive for the individual granting the power. 2. "Attending physician" means the physician, selected by or assigne…

1. A principal may execute a health care directive. A health care directive may include one or more health care instructions to health care providers, others assisting with health care, family members, and a health care agent. A health care directive may include a power of attorn…

A person may not exercise the authority of agent while serving in one of the following capacities: 1. The principal's health care provider; 2. A nonrelative of the principal who is an employee of the principal's health care provider; 3. The principal's long-term care services pro…

1. To be legally sufficient in this state, a health care directive must: a. Be in writing; b. Be dated; c. State the principal's name; d. Be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by th…

A health care directive may include provisions consistent with this chapter, including: 1. The designation of one or more alternate agents to act if the named agent is not reasonably available to serve; 2. Directions to joint agents regarding the process or standards by which the…

Subject to the right of the agent to withdraw, the health care directive creates authority for the agent to make health care decisions on behalf of the principal at such time as the principal becomes incapacitated. Until the principal becomes incapacitated, the agent may withdraw…

1. A health care directive is revoked: a. By notification by the principal to the agent or a health care or long-term care services provider orally, or in writing, or by any other act evidencing a specific intent to revoke the directive; or b. By execution by the principal of a s…

Subject to any limitations set forth in the health care directive by the principal, an agent whose authority is in effect may for the purpose of making health care decisions: 1. Request, review, and receive any information, oral or written, regarding the principal's physical or m…

1. A principal's health care or long-term care services provider, and employees thereof, having knowledge of the principal's health care directive, are bound to follow the health care decisions of the principal's designated agent or a health care instruction to the extent they ar…

A health care provider, long-term care services provider, health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan may not charge a person a different rate or require any person to execute a hea…

This chapter does not limit the enforceability of a health care directive or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction.

1. A person acting as agent pursuant to a health care directive or person authorized to provide informed consent pursuant to section 23-12-13 may not be subjected to criminal or civil liability for making a health care decision in good faith pursuant to the provisions of this cha…

1. Unless a court of competent jurisdiction determines otherwise, the appointment of an agent in a health care directive executed pursuant to this chapter takes precedence over any authority to make medical decisions granted to a guardian pursuant to chapter 30.1-28. 2. To the ex…

Liability for the cost of health care provided pursuant to the agent's decision is the same as if the health care were provided pursuant to the principal's decision. 23-06.5-15. Validity of previously executed durable powers of attorney or other directives. A health care directiv…

The statutory health care directive form described in section 23-06.5-17 may be used and is an optional form, but not a required form, by which a person may execute a health care directive pursuant to this chapter. Another form may be used if it complies with this chapter.

The following is an optional form of a health care directive and is not a required form: HEALTH CARE DIRECTIVE I_________________________________, understand this document allows me to do ONE OR ALL of the following: PART I: Name another individual (called the health care agent) …

1. A person who, without authorization of the principal, willfully alters or forges a health care directive or willfully conceals or destroys a revocation with the intent and effect of causing a withholding or withdrawal of life-sustaining procedures which hastens the death of th…

1. As used in this section: a. "Health care record" means a health care directive or a revocation of a health care directive executed in accordance with this chapter. b. "Registration form" means a form prescribed by the information technology department to facilitate the filing …