Definitions
N.D. Cent. Code § 23-06.5-02
in effect23-06.5-02. Definitions
In this chapter, unless the context otherwise requires:
1. "Agent" means an adult to whom authority to make health care decisions is delegated
under a health care directive for the individual granting the power.
2. "Attending physician" means the physician, selected by or assigned to a patient, who
has primary responsibility for the treatment and care of the patient.
3. "Capacity to make health care decisions" means the ability to understand and
appreciate the nature and consequences of a health care decision, including the
significant benefits and harms of and reasonable alternatives to any proposed health
care, and the ability to communicate a health care decision.
4. "Health care decision" means consent to, refusal to consent to, withdrawal of consent
to, or request for any care, treatment, service, or procedure to maintain, diagnose, or
treat an individual's physical or mental condition, including:
a. Selection and discharge of health care providers and institutions;
b. Approval or disapproval of diagnostic tests, surgical procedures, programs of
medication, and orders not to resuscitate;
c. Directions to provide, withhold, or withdraw artificial nutrition and hydration and all
other forms of health care; and
d. Establishment of an individual's abode within or without the state and personal
security safeguards for an individual, to the extent decisions on these matters
relate to the health care needs of the individual.
5. "Health care directive" means a written instrument that complies with this chapter and
includes one or more health care instructions, a power of attorney for health care, or
both.
6. "Health care instruction" means an individual's direction concerning a health care
decision for the individual, including a written statement of the individual's values,
preferences, guidelines, or directions regarding health care directed to health care
providers, others assisting with health care, family members, an agent, or others.
7. "Health care provider" means an individual or facility licensed, certified, or otherwise
authorized or permitted by law to administer health care, for profit or otherwise, in the
ordinary course of business or professional practice.
8. "Long-term care facility" or "long-term care services provider" means a long-term care
facility as defined in section 50-10.1-01.
9. "Principal" means an adult who has executed a health care directive.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t23c06-5.pdf#nameddest=23-06p5-02Fetched: 10/16/2026