The proposed amendments to the North Dakota Century Code aim to clarify the processes surrounding the determination of incapacity and informed consent for health care decisions involving incapacitated patients and minors. Key changes include the specification that a health care directive is only effective when the principal is deemed incapable of making health care decisions by their attending physician, psychiatrist, or psychologist. Additionally, the definition of "incapacitated patient" has been refined to specify that it refers to an adult unable to understand and appreciate the nature and consequences of health care decisions. The bill also introduces a new definition for "minor" as individuals under eighteen years of age.

Furthermore, the bill outlines the hierarchy of individuals authorized to provide informed consent for health care on behalf of incapacitated patients and minors. It emphasizes the role of guardians, health care agents, and family members, while also allowing for consent to be provided by an interdisciplinary team of health care professionals. The amendments also stipulate that individuals authorized to give consent must first determine that the patient would have consented to the proposed health care if they were not incapacitated. Importantly, the bill prohibits consent for sterilization, abortion, or psychosurgery without a court order, ensuring that such significant decisions are subject to legal oversight.

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