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2B. Informed Consent Law
What is informed consent?
North Dakota’s Informed Healthcare Consent law comes into play when a physician determines that a patient is unable to give informed consent.
As the name of this law implies, being in a position to provide informed consentfor a patient requires you to understand the medical problem, available treatment options, and risks of each option.
The individual providing consent must consider whether the patient would have agreed to the treatment and must act in the patient’s best interest.
An appointed guardianA person appointed by the court to make decisions in a ward's life. LEGAL DEFINITION: A person or nonprofit corporation that has qualified as a guardian of a minor or... Click or tap term for more.
Someone previously given a Durable Power of AttorneyWritten authorization to act on another’s person’s behalf. LEGAL DEFINITION: An instrument granting someone authority to act as an agent or attorney-in-fact for the grantor. (Black's) Click or tap term for more.
The patient’s parents
The patient’s children over age 18
The patient’s adult siblings, grandparents, adult grandchildren, or other close relative or friend over the age of 18.
The patient’s spouse
If none of these peoplewith priority are available, consent can be provided by siblings, grandparents, grandchildren, or a relative or close friend.
Informed Consent
To find North Dakota’s laws about informed consent, download and read North Dakota Century Code Section 23-12-13.