Title 23 — Health and Safety

As used in this chapter, unless the context requires otherwise: 1. "Adult" means an individual who is eighteen years of age or older. 2. "Agent" means an individual: a. Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or b…

This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Subject to section 23-06.6-07, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 23-06.6-04 by: 1. The donor, if the donor is an adult or if t…

1. A donor may make an anatomical gift: a. By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; b. In a will; c. During a terminal illness or injury of the donor, by any …

1. Subject to section 23-06.6-07, a donor or other person authorized to make an anatomical gift under section 23-06.6-03 may amend or revoke an anatomical gift by: a. A record signed by: (1) The donor; (2) The other person; or (3) Subject to subsection 2, another individual actin…

1. An individual may refuse to make an anatomical gift of the individual's body or part by: a. A record signed by: (1) The individual; or (2) Subject to subsection 2, another individual acting at the direction of the individual if the individual is physically unable to sign; b. T…

1. Except as otherwise provided in subsection 7 and subject to subsection 6, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made a…

1. Subject to subsections 2 and 3 and unless barred by section 23-06.6-06 or 23-06.6-07, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reason…

1. An anatomical gift may be made to the following persons named in the document of gift: a. A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person for research or education; b. Subject to subsecti…

1. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: a. A law enforcement officer…

1. A document of gift need not be delivered during the donor's lifetime to be effective. 2. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying…

1. When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of transportation and any donor registry that it knows exists for the geographical area in which the individual…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

1. Except as otherwise provided in subsection 2, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a class B misdemeanor. 2.…

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a class B misdemeanor.

1. A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. 2. Neither the person making an …

1. The department of health and human services may establish or contract for the establishment of a donor registry. 2. The department of transportation shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for …

1. In this section: a. "Advance health care directive" means a health care directive under chapter 23-06.5, a power of attorney for health care, or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision …

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede section 101(a) of that Act [15 U.S.C. 7001], or authorize electronic delivery of any of the notic…

A person may not discriminate against a recipient at any point in the organ transplant process, solely on the basis of the recipient's mental or physical disability, unless the disability has been adequately determined to be medically significant to the provision of an anatomical…