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 psychiatrists and psychologists, in addition to attending physicians. The bill also clarifies the definition of "incapacitated patient" and introduces a new definition for "minor," specifying that a minor is an individual under eighteen years of age.

Furthermore, the bill outlines the hierarchy of individuals authorized to provide informed consent for health care decisions, emphasizing the role of interdisciplinary teams consisting of health care professionals. It establishes that a parent may make health care decisions for their minor child unless otherwise determined by a court, and it details the order of priority for individuals who can provide consent if a parent is unable to do so. The bill also stipulates that health care providers must make reasonable efforts to locate individuals in the priority list before proceeding with care and prohibits consent for certain procedures without a court order.

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