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Emergency Law Inventory | Full Law Text

Law Number

N.D. Cent. Code, 23-06.5-12(3)

Summary Title

Liability: Advance Directive

Summary

A health care provider, who provides care or refuses to provide care to an individual contrary to the individual’s advance directive, will not be held legally responsible, if the health care provider provides notice and documents their unwillingness to comply with the advance directive and arranges to transfer the individual to another provider willing to comply with the advance directive.

Full Title

Immunity

Full Text

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.

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