HARRY HUGHES, Governor

1265

(A)  AS USED IN THIS SECTION "DISABLED PERSON" MEANS AN
INDIVIDUAL WHO LACKS SUFFICIENT UNDERSTANDING OR CAPACITY TO
MAKE OR COMMUNICATE RESPONSIBLE DECISIONS CONCERNING HIS
PERSON AS TO HEALTH CARE BECAUSE OF ANY PHYSICAL OR MENTAL
DISABILITY, SENILITY, OTHER MENTAL WEAKNESS, DISEASE,
HABITUAL DRUNKENNESS, OR ADDICTION TO DRUGS.

(B)  IF A LICENSED PHYSICIAN TREATING A DISABLED PERSON
DETERMINES THAT THE OBTAINING OF CONSENT OR THE NOTIFICATION
OF ANY OTHER PERSON WOULD RESULT IN A DELAY OF TREATMENT
THAT, WITHIN A REASONABLE DEGREE OF MEDICAL CERTAINTY, WOULD
AFFECT ADVERSELY THE LIFE OR HEALTH OF THE DISABLED PERSON,
THE TREATING PHYSICIAN OR HEALTH CARE FACILITY NEED NOT
OBTAIN CONSENT FOR THE TREATMENT, IF:

(1)  THE TREATMENT TO BE RENDERED IS OF AN
EMERGENCY MEDICAL NATURE AND NOT TREATMENT FOR MENTAL OR
EMOTIONAL DISORDERS;

(2)  AN EMERGENCY EXISTS WHERE THE DISABLED
PERSON'S PHYSICAL CONDITION PRESENTS A SUBSTANTIAL RISK OF
DEATH OR IMMEDIATE AND SERIOUS PHYSICAL HARM TO THE
INDIVIDUAL; AND

(3)  A PERSON AUTHORIZED BY LAW OR COURT ORDER TO
GIVE CONSENT FOR THE DISABLED PERSON IS NOT AVAILABLE
IMMEDIATELY TO CONSENT TO THE EMERGENCY MEDICAL TREATMENT.

(C)  A LICENSED PHYSICIAN OR PERSON ACTING UNDER THE
DIRECTION OF A LICENSED PHYSICIAN TREATING A DISABLED
PERSON, UNDER THE PROVISIONS OF THIS SECTION, IS NOT CIVILLY
LIABLE OR SUBJECT TO ANY PENALTY, CRIMINAL OR DISCIPLINARY,
SOLELY BY REASON OF THE DISABLED PERSON'S LACK OF CAPACITY
TO CONSENT.

(D)  NOTHING IN THIS SECTION MAY BE CONSTRUED TO
AUTHORIZE MEDICAL TREATMENT FOR A PATIENT IN CONTRAVENTION
OF HIS RELIGIOUS BELIEFS IF THE PHYSICIAN HAS ACTUAL
KNOWLEDGE OR NOTICE OF PATIENT'S RELIGIOUS BELIEFS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 6, 1980.

CHAPTER 368
(House Bill 105)
AN ACT concerning

Citizens' Advisory Boards - Terms of Members