ND HB1365

Permits a guardian to consent to involuntary medication treatment when a patient refuses prescribed medication, provided the treating physician, physician assistant, psychiatrist, or advanced practice registered nurse recommends the treatment.

Limits guardian consent for involuntary medication to ninety days without obtaining a new recommendation and determination from the treating provider.

Requires treating providers to make four specific determinations before a guardian may consent to involuntary medication: the medication is clinically appropriate and necessary, the patient refused treatment or lacks decision-making capacity, the medication is the least restrictive intervention, and benefits outweigh known risks.

Grants general authority guardians the power to consent to involuntary medication treatment, but limits this authority for guardians with only limited authority unless the court makes specific findings.

Allows patients the right to be medication-free at least twenty-four hours before preliminary or treatment hearings, unless the prescriber determines continued medication is necessary.