Fall 2017 Fall 2017 Gavel | Page 17

North Dakota 2017 State Law Changes in Health Care Directive Law The 2017 North Dakota Legislative Assembly amended the optional form slightly in SB 2151. By Courtney Koebele Section 23-06.5-17, N.D.C.C., provides North Dakotans with an optional health care directive form they can use to help start conversations and clearly set forth their wishes for the health care they want to receive if they are unable to make their own decisions or are not able to communicate them. A person can use a health care directive to: 4 Choose a person to make health care decisions for you. 4 Give instructions about any aspect of your health care. 4 Give instructions about specific medical treatments you do or do not want. 4 Give other instructions, including where you wish to live until you die. 4 Make an organ or tissue donation. Social Security Disability Claims and Appeals 1. The law substituted “health care provider” for “doctor.” 2. The law clarified the organ donation part of the optional form. Instead of only choosing to be an organ donor, the optional form allows you to choose not to be an organ donor as well. If you signed a valid health care directive, living will, or durable power of attorney prior to the law changing, that document remains in effect. Pursuant to the Patient Self-Determination Act, hospitals and long-term care facilities must provide information about health care directives. It is highly likely these changes do not affect the information you are providing now. However, it is advisable to review the documentation given to patients and make sure these amendments don’t affect that information. To be legal in North Dakota, a health care directive must: 4 Be in writing; 4 Be dated; 4 State the name of the person to whom it applies; 4 Be executed by a person with the capacity to understand, make, and communicate decisions; 4 Be signed by the person to whom it applies or by another person authorized to sign on behalf of the person to whom it applies; 4 Contain verification of the required signature, e ither by a notary public or by qualified witnesses; and 4 Include a health care instruction or a power of attorney for health care, or both. It is not necessary to have an attorney provide or fill out the form. Nor is it necessary to use a pre-printed form at all. Any written statement that meets the requirements stated above can serve as a legal health care directive. Ficek Law Office, P.C. Courtney Koebele is executive director of the North Dakota Medical Association and a founding board member of Honoring Choices, North Dakota (HCND). HCND is a collaborative group of state wide community partners that promotes advance care planning through community and professional outreach and education. www.honoringchoicesnd.org 4650 Amber Valley Parkway Fargo, ND 58104 1-800-786-8525 701-241-8525 FALL 2017 17