Bill > SB2297

This bill amends North Dakota law regarding medical decision-making for incapacitated patients and minors by clarifying definitions, expanding who can certify patient incapacity, and establishing a more detailed hierarchy for determining who can provide informed consent. The bill defines an "incapacitated patient" as an adult unable to understand health care decisions and their consequences, and defines a "minor" as an individual under 18. It establishes a prioritized list of individuals who can provide medical consent for incapacitated patients, starting with a health care agent and moving through family members like spouse, children, parents, and siblings. For minors, when parents cannot provide consent, a similar priority list is established. The bill requires that the person providing consent first determine what the patient would have wanted if they were not incapacitated, or make a decision in the patient's best interests. The legislation also maintains previous restrictions on consent for sterilization, abortion, psychosurgery, and long-term mental health facility admission, which still require specific legal authorization. Additionally, if there is a dispute about a patient's incapacity, the bill provides for a court hearing to make a final determination.

Government Affairs, Justice

https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo2297.html