§ 40:1159.5 — Emergencies

Louisiana § 40:1159.5

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§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.

Legislative History

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.