§ 23-06.5-19 — Health care record registry - Fees

North Dakota § 23-06.5-19

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

Text

1. As used in this section:
a. "Health care record" means a health care directive or a revocation of a health
care directive executed in accordance with this chapter.
b. "Registration form" means a form prescribed by the information technology
department to facilitate the filing of a health care record.
2. a. The information technology department may establish and maintain a health care
record registry, through which a health care record may be filed. The registry
must be accessible through a website maintained by the information technology
department.
b. An individual who is the subject of a health care record, or that individual's agent,
may submit to the information technology department for registration, using a
registration form, a health care record executed in accordance with this chapter.
3. Failure to register a health care record with the information technology department
under this section does not affect the validity of the health care record. Failure to notify
the information technology department of the revocation of a health care record filed
under this section does not affect the validity of a revocation that otherwise meets the
statutory requirements for revocation.
4. a. Upon receipt of a health care record and completed registration form, the
information technology department shall create a digital reproduction of the health
care record, enter the reproduced health care record into the health care record
registry database, and assign each registration a unique file number. The
information technology department is not required to review a health care record
to ensure the health care record complies with any particular statutory
requirements that may apply to the health care record.
b. The information technology department shall delete a health care record filed with
the registry under this section upon receipt of a revocation of the health care
record along with that document's file number.
c. The entry of a health care record under this section does not affect or otherwise
create a presumption regarding the validity of the health care record or the
accuracy of the information contained in the health care record.
5. a. The registry must be accessible by entering the file number and password on the
internet website. Registration forms, file numbers, and other information
maintained by the information technology department under this section are
confidential and the state may not disclose this information to any person other
than the subject of the document, or the subject's agent. A health care record
may be released to the subject of the document, the subject's agent, or the
subject's health care provider. The information technology department may not
use information contained in the registry except as provided under this chapter.
b. At the request of the subject of the health care record, or the subject's agent, the
information technology department may transmit the information received
regarding the health care record to the registry system of another jurisdiction as
identified by the requester.
c. This section does not require a health care provider to seek to access registry
information about whether a patient has executed a health care record that may

be registered under this section. A health care provider who makes good-faith
health care decisions in reliance on the provisions of an apparently genuine
health care record received from the registry is immune from criminal and civil
liability to the same extent and under the same conditions as prescribed in
section 23-06.5-12. This section does not affect the duty of a health care provider
to provide information to a patient regarding health care directives as may be
required under federal law.
6. The information technology department may charge and collect a reasonable fee for
filing a health care record and a revocation of a health care record.