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decisions relating to the adult's own health care, including the decision to have health care provided, withheld, or withdrawn.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 …

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…

Repealed by S.L. 2011, ch. 187, § 4.

As used in this chapter: 1. "Appropriate facility" includes a licensed hospital, a public or private outpatient clinic, a long-term care facility, a correctional facility, or an individual's home, and may also include directly observed therapy under the supervision of the departm…

Notwithstanding any provision in this chapter, this state has prior claim on benefits for the care and treatment of tuberculosis, including diagnosis, tests, studies, and analyses, accruing to patients for whom care and treatment is provided by the state of North Dakota under ent…

The state health officer or designee is responsible for the inpatient and outpatient care of persons afflicted or suspected of being afflicted with tuberculosis. If the state health officer determines that suspected or actual tuberculous patients may be adequately cared for on an…

1. Upon the receipt of a report that any individual is reasonably suspected to have or to have been exposed to tuberculosis, the state health officer shall investigate the matter and if the state health officer determines that the individual may have, or may have been exposed to,…

Repealed by S.L. 2011, ch. 187, § 4.

Repealed by S.L. 2011, ch. 187, § 4.

Repealed by S.L. 2011, ch. 187, § 4.

Repealed by S.L. 2011, ch. 187, § 4.

Repealed by S.L. 2011, ch. 187, § 4.

Repealed by S.L. 2011, ch. 187, § 4.