Idaho § 46-909 FAILURE TO OBTAIN CONSENT

Idaho Statutes

§ 46-909 — FAILURE TO OBTAIN CONSENT

Idaho § 46-909

Title 46MILITIA AND MILITARY AFFAIRS

Ch. 9EMERGENCY MEDICAL SERVICES ACT

This text of Idaho § 46-909 (FAILURE TO OBTAIN CONSENT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 46-909 (2026).

Text

Notwithstanding the provisions of section 32-1015, Idaho Code, no person licensed under this chapter or physician or hospital licensed in this state shall be subject to civil liability based solely on failure to obtain consent in rendering emergency medical, surgical, hospital or health services to any individual regardless of age where that individual is unable to give this consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care; provided, however, that such person, physician, or hospital has acted in good faith and without knowledge of facts negating consent. The provision or refusal of consent under this chapter shall be governed by chapter 45, title 39, Idaho Code.

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Notwithstanding the provisions of section 32-1015, Idaho Code, no person licensed under this chapter or physician or hospital licensed in this state shall be subject to civil liability based solely on failure to obtain consent in rendering emergency medical, surgical, hospital or health services to any individual regardless of age where that individual is unable to give this consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care; provided, however, that such person, physician, or hospital has acted in good faith and without knowledge of facts negating consent. The provision or refusal of consent under this chapter shall be governed by chapter 45, title 39, Idaho Code.

Legislative History

[(46-909) (56-1015) 39-143, added 1976, ch. 187, sec. 4, p. 674; am. 1996, ch. 26, sec. 6, p. 61; am. and redesig. 2001, ch. 110, sec. 8, p. 373; am. 2005, ch. 120, sec. 7, p. 393; am. 2009, ch. 189, sec. 6, p. 616; am. and redesig. 2025, ch. 94, sec. 7, p. 454.]