§ 23-06.5-12 — Immunity

North Dakota § 23-06.5-12

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-06.5: Health Care Directives

Text

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.
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.