AN ACT to amend and reenact subsection 3 of section 23-06.5-03 and section 23-12-13 of the North Dakota Century Code, relating to the determination of incapacity and informed consent of incapacitated patients and minors.

Added psychiatrist or psychologist to the list of professionals who can certify a patient is incapacitated, alongside the attending physician.

Reordered and renumbered the priority list of individuals authorized to provide consent for incapacitated patients, shifting the hierarchy to prioritize durable power of attorney holders, health care agents, guardians, spouses, children, parents, siblings, grandparents, grandchildren, close relatives/friends, and finally interdisciplinary teams.

Updated the priority list for minors to remove the general 'parent' category as the first priority, instead starting with guardians under court order, followed by appointed guardians, noncustodial parents, siblings, grandparents, close relatives/friends, and interdisciplinary teams.

Added a new amendment to section 23-06.5-03 clarifying that health care directives only take effect when the principal lacks capacity and cease to be effective once capacity is recovered.