TITLE 39

HEALTH AND SAFETY

CHAPTER 45

THE MEDICAL CONSENT AND NATURAL DEATH ACT

39-4508.  Responsibility for consent and documentation. Obtaining sufficient consent for health care services is the duty of the attending licensed independent practitioner upon whose order or at whose direction the contemplated health care services are rendered; provided however, a licensed hospital and any employee of a health care provider, acting with the approval of such an attending licensed independent practitioner or other individual health care provider, may perform the ministerial act of documenting such consent by securing the completion and execution of a form or statement in which the giving of consent for such care is documented by or on behalf of the person. In performing such a ministerial act, the hospital or health care provider employee shall not be deemed to have engaged in the practice of medicine or dentistry.

History:

[(39-4508) 39-4507, added 2005, ch. 120, sec. 2, p. 383; am. and redesig. 2007, ch. 196, sec. 8, p. 583; am. 2012, ch. 302, sec. 6, p. 828; am. 2023, ch. 307, sec. 8, p. 927.]