North Dakota Century Code Title 23. Health and Safety § 23-48-01. Definitions

1. a. “Eligible patient” means an individual who:

b. The term does not include an individual treated as an inpatient in a hospital licensed under chapter 23-16.

a. Explains the currently approved products and treatments for the terminal illness from which the patient suffers;

b. Attests to the fact the patient concurs with the patient's treating physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life;

c. Identifies the specific proposed investigational drug, biological product, or device the patient is seeking to use;

d. Describes the potentially best and worst outcomes of using the investigational drug, biological product, or device with a realistic description of the most likely outcome, including the possibility that new, unanticipated, different, or worse symptoms might result, and that death could be hastened by the proposed treatment, based on the treating physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition;

e. States the patient's health insurer and provider are not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product, or device;

f. States the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment and that hospice care may be reinstated if the curative treatment ends and the patient meets hospice eligibility requirements;

g. States in-home health care may be denied if treatment begins; and

h. Attests that the patient understands the patient is liable for all expenses consequent to the use of the investigational drug, biological product, or device, and that this liability may extend to the patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product, or device states otherwise.