1. (1) The treatment is of an emergency medical nature;
2. (2) A person who is authorized to give the consent is not available immediately; and

3. (3) The attending physician determines that:

   1. (i) There is a substantial risk of death or immediate and serious harm to the patient; and
   2. (ii) With a reasonable degree of medical certainty, the life or health of the patient would be affected adversely by delaying treatment to obtain consent.

A health care provider may treat a patient who is incapable of making an informed decision, without consent, if:

Added by Acts 1993, c. 372, § 2, eff. Oct. 1, 1993.