Title 23, Health and Safety

The state registrar may issue a certified copy of a fetal loss to an individual who experiences a documented miscarriage of birth, if the individual provides to the state registrar a completed fetal loss request form established by the department of health and human services whic…

1. The funeral practitioner who first obtains custody of a dead body or fetus shall obtain a final disposition-transit permit before final disposition or removal from this state of the body or fetus. 2. The final disposition-transit permits must be issued by the state registrar o…

1. The department of health and human services may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this chapter, provide for the extension of the periods of time prescribed in sections 23-02.1-19, 23-02.1-20, and 23-02.1-21 fo…

1. A record of each marriage performed in this state must be filed with the state registrar as provided in this section. 2. The officer who issues the marriage license shall prepare the record on the form prescribed and furnished by the state registrar upon the basis of informati…

1. For each divorce and annulment of marriage granted by any court in this state, a report must be prepared and filed by the clerk of court with the state registrar. The information necessary to prepare the report must be furnished, with the petition, to the clerk of court by the…

1. A record registered under this chapter may be amended only in accordance with this chapter and regulations under this chapter adopted by the department of health and human services to protect the integrity and accuracy of vital records. 2. A record that is amended under this s…

1. The sex designation on a birth record of an individual born in this state may not be amended under section 23-02.1-25 due to a gender identity change. 2. The sex designation on a birth record of an individual born in this state may not be amended or corrected under section 23-…

To preserve original documents, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of original records and files in the state registrar's office. These reproductions when certified by the state registrar must be accepted as …

Birth, death, and fetal death records, filings, data, or other information related to birth, death, and fetal death records are confidential and may not be disclosed except as authorized under this chapter. The state registrar shall restrict access to all vital records to protect…

In accordance with section 23-02.1-27 and the regulations adopted pursuant thereto: 1. The state registrar shall, upon request of a person entitled to a copy under section 23-02.1-27, issue a certified copy of any record or part of a record in the registrar's custody. Each copy i…

1. The department of health and human services shall prescribe the fees, if any, not to exceed fifteen dollars, to be paid for the following: a. Each certified copy of a record. b. Each certified statement of the facts of birth other than a copy of the original birth record. c. E…

1. Every person in charge of an institution as defined in this chapter shall keep a record of personal particulars and data concerning each person admitted or confined to such institution. This record must include all information required by the standard record of birth, death, a…

Any person having knowledge of the facts shall furnish such information as the person may possess regarding any birth, death, fetal death, marriage, or divorce upon demand of the state registrar.

1. a. Any person who willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this chapter, or in application for an amendment thereof, or who willfully and knowingly supplies false information intending that such informatio…

This chapter may be cited as the "Health Statistics Act".

An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical stan…

If it appears to a physician who has primary responsibility for the treatment and care of an individual that the death of the individual is imminent, the physician shall make reasonable efforts to notify the individual's next of kin. If after making reasonable efforts the next of…

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.

A health care directive executed before August 1, 2005, which complies with the law in effect at the time it was executed, including former chapter 23-06.4, must be given effect pursuant to this chapter. This chapter does not affect the validity or enforceability of a durable pow…

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 …

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. A person authorized to make an anatomical gift under section 23-06.6-08 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and…