North Dakota legislation · 69th Legislative Assembly
North Dakota SB2297: AN ACT to amend and reenact subsection 3 of section 23-06.5-03 and section 23-12-13 of the North Dakota Century Code, relating to the determination of incapacity and informed consent of incapacitated patients and minors.
Status: Signed into law, May 2, 2025
Relating to the determination of incapacity and informed consent of incapacitated patients and minors.
What the bill says
An act to amend and reenact subsection 3 of section 23-06.5-03 and section 23-12-13 of the North Dakota Century Code, relating to the determination of incapacity and informed consent of incapacitated patients and minors.
From the enrolled text, April 25, 2025:
AN ACT to amend and reenact subsection 3 of section 23-06.5-03 and section 23-12-13 of the North Dakota Century Code, relating to the determination of incapacity and informed consent of incapacitated patients and minors. SECTION 1. AMENDMENT. Subsection 3 of section 23-06.5-03 of the North Dakota Century Code is amended and reenacted as follows: 3. A health care directive, including the agent's authority, is in effect only when the principal lacks capacity to make health care decisions, as certified in writing by the principal's attending physician, psychiatrist, or psychologist and filed in the principal's medical record, and ceases to be effective upon a determination that the principal has recovered capacity. SECTION 2. AMENDMENT. Section 23-12-13 of the North Dakota Century Code is amended and reenacted as follows: 23-12-13. PersonsIndividuals authorized to provide informed consent to health care for incapacitated personspatients and minors - Priority. 1. Informed consent for health care for a minor patient or a patient who is determined by a physician to be an incapacitated person, as defined in subsection 2 of section 30.1-26-01, and unable to consent may be obtained from a person authorized to consent on behalf of the patient. PersonsFor purposes of this section: a. "Incapacitated patient" means an adult unable to understand and appreciate the nature and consequence of a health care decision, including …
Sponsors
- Kristin Roers (R, 27) · primary sponsor
- Jeff Barta (R, 43)
- Judy Lee (R, 13)
- Emily O'Brien (R, 42)
- Ronald Sorvaag (R, 45)
Latest actions
- : Filed with Secretary Of State 04/30
- : Signed by Governor 04/29
- : Sent to Governor
- : Signed by President
- : Signed by Speaker
- : Second reading, passed as amended, yeas 90 nays 3
- : Conference committee report adopted
- : Reported back from conference committee, in place of, placed on calendar
- : Second reading, passed, yeas 46 nays 1
- : Conference committee report adopted
Votes
- Final Passage (April 22, 2025): 90 yea, 3 nay, passed
- Final Passage (April 16, 2025): 46 yea, 1 nay, passed
- Final Passage (March 25, 2025): 85 yea, 6 nay, passed
- Final Passage (February 19, 2025): 46 yea, 1 nay, passed
Common questions
- What is SB2297?
- SB2297 is a bill in the North Dakota Legislature (69th Legislative Assembly): AN ACT to amend and reenact subsection 3 of section 23-06.5-03 and section 23-12-13 of the North Dakota Century Code, relating to the determination of incapacity and informed consent of incapacitated patients and minors.
- What does SB2297 do?
- In its own words: An act to amend and reenact subsection 3 of section 23-06.5-03 and section 23-12-13 of the North Dakota Century Code, relating to the determination of incapacity and informed consent of incapacitated patients and minors.
- What is the status of SB2297?
- Signed into law as of May 2, 2025. Latest action: Filed with Secretary Of State 04/30 (May 2, 2025).
- Who sponsored SB2297?
- Kristin Roers (R, 27), with 4 co-sponsors.
- Where is the official record for SB2297?
- On the North Dakota Legislature website: https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo2297.html
Source: official North Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.