§1159.5. Emergencies

            A. In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a duly licensed physician will be implied where an emergency exists. For the purposes hereof, an emergency is defined as a situation wherein: (1) in competent medical judgment, the proposed surgical or medical treatment or procedures are reasonably necessary; and (2) a person authorized to consent under R.S. 40:1159.4 is not readily available, and any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected, or could reasonably result in disfigurement or impair faculties.

            B. For purposes of this Section, an emergency is also defined as a situation wherein: (1) a person transported to a hospital from a licensed health care facility is not in a condition to give consent; (2) a person authorized to give consent under R.S. 40:1159.4 is not readily available; and (3) any delay would be injurious to the health and well being of such person.

            Added by Acts 1975, No. 798, §1. Amended by Acts 1982, No. 449, §1; Redesignated from R.S. 40:1299.54 by HCR 84 of 2015 R.S.