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What Is The Informed Health Care Consent Law?

What Is The Informed Health Care Consent Law?

This law allows another person to consent to health care for a minor patient or a patient who is determined by a physician, to be incapacitated and unable to make or communicate their own medical health care decisions.

The following people are allowed to provide consent.. They are listed in the order of priority:

  1. A guardian who has been authorized to make medical decisions;
  2. The person named in a Durable Power of Attorney which includes the authority to make health care decisions;
  3. An appointed guardian or custodian of the patient;
  4. The following people must have maintained significant contact with the incapacitated person;
  5. The spouse;
  6. Children who are at least 18 years old;
  7. Parents, including a stepparent;
  8. Adult brothers and sisters;
  9. Grandparents;
  10. Grandchildren who are at least 18 years old; and
  11. A close relative or friend who is at least 18 years old.

Can A Person With A Lower Priority Provide Consent If A Person With A Higher Priority Has Refused To Provide Consent?

NO. The law provides that if a person of higher priority has refused to give consent, a person of lower priority may NOT provide consent.

Must The Person Consenting To Health Care Consider Your Wishes And Best Interests?

YES. Before giving consent, the person must first determine that, if you were not incapacitated you would consent to the proposed health care.

If the person does not know your wishes, they are REQUIRED to determine that the proposed health care is in YOUR best interests

Are There Any Limitations To The Authority Of These Persons Who Are Authorized To Provide Consent For Health Care?

YES. A person authorized by this law CANNOT admit you to a mental health facility for a period of more than 45 days WITHOUT a mental health proceeding OR other court order

The person cannot consent to psychosurgery, abortion or sterilization, unless the procedure is first approved by court order.

What Must Your Physician Do When Needing Informed Consent?

A physician needing informed consent for proposed health care for a minor patient or a patient who is incapacitated and unable to consent must make reasonable efforts to locate and secure authorization for the health care from a competent person in priority listing.

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

April 2019

N.D. Cent. Code § 23-12-13
Published in conjunction with Department of Aging Services - Title III.