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1999 North Dakota Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagnd0035 and id is 1 raw text is: STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 99-01 Date issued: January 6, 1999 Requested by: Senator Tim Mathern - QUESTION PRESENTED - Whether North Dakota law prohibits the withholding or withdrawal of artificial nutrition or hydration except as provided in N.D.C.C. 9 23-06.4-06.1. - ATTORNEY GENERAL'S OPINION - It is my opinion that under North Dakota law a competent adult may refuse medical treatment, including artificial nutrition or hydration; that the person authorized by law to provide informed consent for health care for minor or incapacitated patients may refuse on behalf of the patient artificial nutrition or hydration; that nutrition and hydration must be withheld or withdrawn if a terminally ill patient has previously declared in writing the patient's desire that nutrition or hydration be withdrawn or withheld; that artificial nutrition or hydration may be withdrawn or withheld from a terminally ill patient if the requirements of N.D.C.C. § 23-06.4-06.1(3) are satisfied; and, if permitted by the durable power of attorney for health care, the agent of an incapacitated person may authorize the withholding or withdrawal of nutrition or hydration. - ANALYSIS - N.D.C.C. § 23-06.4-06.1, discussed in more detail later, identifies conditions for withdrawing, withholding, and administering nutrition and hydration from or to an incapacitated person in a terminal condition. A number of other North Dakota statutes also address how health care decisions are to be made for minors or incapacitated adults. Furthermore, the common law and United States Constitution protect a competent person's right to make medical decisions, including the right to refuse unwanted medical treatment. The constitutional right to refuse unwanted medical treatment and the different statutory rights provided in North Dakota law must be read together and harmonized. The Right to Refuse Medical Treatment. The United States Supreme Court has held that the right to refuse medical treatment is an aspect of liberty that exists without

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