1.    A person acting as agent pursuant to a health care directive or person authorized to provide informed consent pursuant to section 23-12-13 may not be subjected to criminal or civil liability for making a health care decision in good faith pursuant to the provisions of this chapter or section 23-12-13.

Terms Used In North Dakota Code 23-06.5-12

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

2.    A health care or long-term care services provider, or any other person acting for the provider or under the provider’s control may not be subjected to civil or criminal liability, or be deemed to have engaged in unprofessional conduct, for any act or intentional failure to act done in good faith and with ordinary care if the act or intentional failure to act is done pursuant to the dictates of a health care directive, the directives of the patient’s agent, or other provisions of this chapter or section 23-12-13.

3.    A health care provider who administers health care necessary to keep the principal alive, despite a health care decision of the agent to withhold or withdraw that health care, or a health care provider who withholds health care that the provider has determined to be contrary to reasonable medical standards, despite a health care decision of the agent to provide the health care, may not be subjected to civil or criminal liability or be deemed to have engaged in unprofessional conduct if that health care provider promptly took all reasonable steps to:

a.    Notify the agent of the health care provider’s unwillingness to comply;

b.    Document the notification in the principal’s medical record; and

c.    Arrange to transfer care of the principal to another health care provider willing to comply with the decision of the agent.