431.063. Implied consent, when valid--lack of consent, when excused--emergency defined. - Missouri Statutes

Implied consent, when valid--lack of consent, when excused--emergencydefined.

431.063. In addition to any other instances in which a lackof consent is excused or in which a consent is implied at law, aconsent to surgical or medical treatment or procedures shall beimplied where an emergency exists if there has been no protest orrefusal of consent by a person authorized and empowered toconsent, or, if so, there has been a subsequent change in thecondition of the person affected that is material and morbid, andthere is no one immediately available who is authorized,empowered, willing and capacitated to consent. For the purposeshereof, an "emergency" is defined as a situation wherein, incompetent medical judgment, the proposed surgical or medicaltreatment or procedures are immediately or imminently necessaryand any delay occasioned by an attempt to obtain a consent wouldreasonably jeopardize the life, health or limb of the personaffected, or would reasonably result in disfigurement orimpairment of faculties.

(L. 1971 H.B. 73 § 3, A.L. 1977 S.B. 48)