Title 3, Human Resources

Criteria and Requirements. To be eligible for this scholarship program an individual must: (a) Be a United States citizen. (b) Be a registered CNMI voter. (c) Be a CNMI resident for at least three consecutive years prior to enrollment in a professional healthcare institution/medi…

Definitions. (a) Anticipated death means a death caused by a life-limiting illness, infirmity, or disease, as certified by the attending physician that he discussed a prognosis of terminal condition with the patient and the patient's family, and that the patient consented to a “N…

Declarations Concerning Life Sustaining Treatment; Execution Requirements. (a) An individual of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be a separate d…

Operative Effect of Declaration. A declaration becomes operative when (a) it is communicated to the attending physician and (b) the declarant is diagnosed and certified in writing by the attending physician and a second physician who has personally examined the declarant to be in…

Revocation of Declaration. (a) A declarant may revoke a declaration at any time and in any manner, without regard to the declarant's mental or physical condition. A revocation is effective upon its communication to the attending physician or other health care provider by the decl…

Terminal or Permanent Unconscious Condition; Records. Upon determining that the declarant is in a terminal condition or permanent unconscious condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the decla…

Self-Determination by a Patient. (a) A qualified patient may make decisions regarding life sustaining treatment, including whether to stay in the hospital or healthcare facility, as long as the patient is able to do so. (b) This chapter does not affect the responsibility of the a…

Physician or Health Care Provider Unwilling to Comply with Chapter; Transfer of Patient. An attending physician or other health care provider including an emergency medical technician who is unwilling to comply with this chapter shall take all reasonable steps as promptly as prac…

Civil or Criminal Liability; Unprofessional Conduct. (a) A physician or other health care provider is not subject to civil or criminal liability, or discipline for unprofessional conduct, for giving effect to a declaration in the absence of knowledge of the revocation of a declar…

Willful Failure to Act; Fraudulent Conduct; Penalties. (a) A physician or other health care provider who willfully fails to transfer the care of a patient in accordance with 3 CMC § 2867 is guilty of a felony of the third degree. (b) A physician who willfully fails to record a de…

Construction of a Chapter, Characterization of Death Resulting from Decisions Made in Accordance with Chapter; Effect of Declaration on Life Insurance or Annuities; Deliberate Acts or Omissions to End Life. (a) Death resulting from the withholding or withdrawal of a life-sustaini…

Declaration Presumed in Compliance and Valid. In the absence of knowledge to the contrary, a physician or other health care provider may presume that a declaration complies with this chapter and is valid. Source: PL 17-35 § 3(2811) (March 23, 2011), modified. Commission Comment: …

Instruments Executed in Other States. An instrument governing the withholding or withdrawal of life-sustaining treatment executed in another state in compliance with the laws of that state or the Commonwealth of the Northern Mariana Islands, is valid for purposes of this chapter.…

Instruments to Be Given Effect Pursuant to Chapter. The following instruments can be given effect pursuant to the provisions of this chapter: (a) An instrument executed before the effective date of this chapter that substantially complies with subdivision (a) of 3 CMC § 2862. (b)…

Uniform Law; Construction of Chapter. To the extent that a provision of this chapter conforms to the Uniform Rights of the Terminally Ill Act, that provision shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of th…

Determination of Death by a Licensed Physician. The determination of death shall be of the following: (a) A person shall be considered legally dead if there is irreversible cessation of spontaneous respiratory and circulatory functions; or (b) If artificial means of support precl…

Determination of Death by a Certified Physician Assistant; Certified Nurse Practitioner; and Certified Emergency Medical Technician. The determination of death shall be of the following: (a) A person shall be considered legally dead if there is irreversible cessation of spontaneo…

Determination of Death by a Registered Nurse. (a) A pronouncement of death may be made by a registered nurse on a person with an “anticipated death” who is in a healthcare facility, or a private home served by a licensed home healthcare provider or government/private healthcare a…

No Liability for Physician, Registered Nurse or Other Person Authorized to Determine Death. A licensed physician, registered nurse or other authorized person who determines death in accordance with the provisions of this chapter is not liable to damages in any civil action or sub…

Good Faith Reliance. A person who acts in good faith in reliance on a determination of death by a licensed physician or a registered nurse under this chapter is not liable for damages in any civil action or subject to the prosecution in any criminal procedures for his or her acti…

Certificate of Death, Time for Completion. The medical certification shall be completed and signed within twenty-four hours after death by a licensed physician or other person authorized to determine death pursuant to this chapter, except when the patient has received no medical …