North Dakota Century Code Title 23. Health and Safety § 23-06.5-02. Definitions

In this chapter, unless the context otherwise requires:

1. “Agent” means an adult to whom authority to make health care decisions is delegated under a health care directive for the individual granting the power.

2. “Attending physician” means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.

3. “Capacity to make health care decisions” means the ability to understand and appreciate the nature and consequences of a health care decision, including the significant benefits and harms of and reasonable alternatives to any proposed health care, and the ability to communicate a health care decision.

4. “Health care decision” means consent to, refusal to consent to, withdrawal of consent to, or request for any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including:

a. Selection and discharge of health care providers and institutions;

b. Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate;

c. Directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care;  and

d. Establishment of an individual's abode within or without the state and personal security safeguards for an individual, to the extent decisions on these matters relate to the health care needs of the individual.

5. “Health care directive” means a written instrument that complies with this chapter and includes one or more health care instructions, a power of attorney for health care, or both.

6. “Health care instruction” means an individual's direction concerning a health care decision for the individual, including a written statement of the individual's values, preferences, guidelines, or directions regarding health care directed to health care providers, others assisting with health care, family members, an agent, or others.

7. “Health care provider” means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care, for profit or otherwise, in the ordinary course of business or professional practice.

8. “Long-term care facility” or “ long-term care services provider” means a long-term care facility as defined in section 50-10.1-01 .

9. “Principal” means an adult who has executed a health care directive.


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