Altru Hospital’s Informed Consent policy states that you, as a patient,
have the right to make choices regarding your own healthcare, and further,
that you have the right to the information you need in order to make informed choices.
Your Right to Make Your Medical Decisions
As a competent adult, you have the right to control decisions about your
own healthcare. You have the right to accept or to refuse any treatment,
service or procedure used to diagnose, treat or care for your physical
or mental condition.
You have the right to make your own healthcare decisions as long as you
have the ability to understand:
your medical condition and
the benefits, risks and burdens of a particular course of treatment and
care and its alternatives.
Your right to decide also gives you the right to control the use of medical
technology in regard to your healthcare. The concept of living longer
by using medical technology is complex. Part of your right to make your
own medical decisions is your right to decide, based upon your values,
the extent to which medical technology should be used and under what circumstances.
Your right to decide also includes the right to make decisions regarding
the artificial giving of food and water (nutrition and hydration).
To Exercise Your Right To Make Your Own Medical Decisions, You Should Do
The Following:
Make certain you understand your medical treatment options. If you do not
understand something or need more information, ask your healthcare providers.
You have the right to an explanation in terms that you actually understand.
If you have ethical or moral concerns about your decisions, you should
speak to your minister, rabbi, priest, or other advisor, perhaps a member
of your family or a close friend. Assistance in making treatment decisions
is available at Altru Hospital. The pastoral services staff, the social
work staff and the nursing staff are ready to support you with the emotional,
spiritual, moral, and ethical concerns that accompany such decisions.
Discuss your desires with your physician or healthcare provider. Make sure
that your healthcare provider understands what you want in the event you
are unable to make your own medical decisions.
There may come a time when, due to your mental or physical condition, you
may be unable to make your own healthcare decisions. Then your healthcare
providers will look to any prior written advance directive or to family
members to make decisions on your behalf. A determination that you are
unable to make your own healthcare decisions must be made by a physician.
Two forms of advance directives have been approved by the North Dakota
legislature: a Living Will and a Durable Power of Attorney for healthcare.
In addition, North Dakota also has an Informed Healthcare Consent Law
which authorizes other persons to make health care decisions for you if
you are either a minor or are unable to make your own medical decisions.
Informed Healthcare Consent Law
This law can be found in Section 23-12-13 of the North Dakota Century Code.
The Informed Healthcare Consent Law authorizes certain persons to provide
consent for minors or persons who are incapacitated and, therefore, unable
to make or communicate their own medical decisions.
This law prohibits consent for sterilization, abortion, psychosurgery,
or admission to a mental health facility for more than 45 days without
a court order. The law establishes a priority list of persons who are
authorized to provide informed consent to healthcare on behalf of a minor
or an incapacitated person.
The order of priority is as follows:
The individual, if any, to whom the patient has given a Durable Power of
Attorney that encom passes the authority to make healthcare decisions,
unless a court specifically authorizes a guardian to make medical decisions
for the incapacitated person.
The appointed guardian or custodian of the patient, if any.
The person’s spouse, who has maintained significant contacts with
the incapacitated person.
Children of the patient who are at least 18 years of age and who have maintained
significant contacts with the incapacitated person.
Parents of the patient, including a step-parent, who has maintained significant
contacts with the incapacitated person.
Adult brothers and sisters of the patient who have maintained significant
contacts with the incapacitated person.
Grandparents of the patient who have maintained significant contacts with
the incapacitated person.
Grandchildren of the patient who are at least 18 years of age and who have
maintained significant contacts with the incapacitated person.
A close relative or friend of the patient who is at least 18 years of age
and who has maintained significant contacts with the incapacitated person.
If you are an adult, the law requires that a physician determine that you
are an incapacitated person before anyone is authorized to consent on
your behalf.
This law requires that a person who is authorized to provide informed consent
on your behalf must first determine that you would have consented to the
proposed healthcare if you were able. If such a determination cannot be
made, the authorized person may consent only after determining that the
proposed healthcare is in your best interest.
If you have not signed a durable power of attorney for healthcare, this
law determines who can consent to your medical treatment if you become
incapacitated or if you are a minor.
