The bill amends and reenacts specific sections of the North Dakota Century Code concerning the determination of incapacity and informed consent for health care decisions made on behalf of incapacitated patients and minors. Notably, it expands the definition of individuals who can certify a principal's lack of capacity to include not only the attending physician but also a psychiatrist or psychologist. Additionally, the bill clarifies the definitions of "incapacitated patient" and "minor," and establishes a clear hierarchy of individuals authorized to provide informed consent for health care decisions, which now includes an interdisciplinary team of health care professionals.

Furthermore, the bill introduces new provisions regarding the informed consent process, emphasizing the need for health care providers to make reasonable efforts to locate individuals in the priority order for consent. It also specifies that individuals authorized to provide consent cannot approve certain procedures, such as sterilization or abortion, without a court order. The amendments aim to ensure that health care decisions are made in the best interests of incapacitated patients and minors while providing a structured framework for determining consent and incapacity.

Statutes affected:
INTRODUCED: 23-12-13
Prepared by the Legislative Council staff for Senator Lee: 23-12-13
FIRST ENGROSSMENT: 23-12-13
Prepared by the Legislative Council staff for House Human Services Committee: 23-06.5-03, 23-12-13
Adopted by the Conference Committee: 23-06.5-03, 23-12-13
Enrollment: 23-06.5-03, 23-12-13