ND SB2297

Expands who may certify a patient's incapacity to include psychiatrists and psychologists in addition to attending physicians, with certification required to be filed in the patient's medical record

Establishes a new statutory definition of "incapacitated patient" as an adult unable to understand health care decisions or communicate decisions, replacing the previous reference to a separate code section

Creates separate priority lists for individuals authorized to consent on behalf of incapacitated adults versus minors, with health care agents and guardians given top priority for incapacitated patients

Adds interdisciplinary teams of at least three health care professionals as a last-resort option to provide consent when no family members or friends can be located, with ongoing duty to search for higher-priority individuals

Removes durable power of attorney holders from the consent hierarchy, prioritizing health care directives and court-appointed guardians instead