431.064. Experimental treatment, tests, and drugs, consent to administer by third party--life-threatening emergencies, consent by whom. - Missouri Statutes

Experimental treatment, tests, and drugs, consent to administer bythird party--life-threatening emergencies, consent by whom.

431.064. 1. When an adult person, because of a medical condition, istreated by a teaching hospital for a medical school accredited by theAmerican Osteopathic Association or the American Medical Association andsuch person is incapable of giving informed consent for an experimentaltreatment, test or drug, then such treatment, test or drug may proceed uponobtaining consent of a legal guardian, attorney-in-fact, or a family memberin the following order of priority:

(1) Spouse unless the patient has no spouse, or is separated, or thespouse is physically or mentally incapable of giving consent, or thespouse's whereabouts is unknown or the spouse is overseas;

(2) Adult child;

(3) Parent;

(4) Brother or sister;

(5) Relative by blood or marriage.

2. Nothing in this section shall authorize such legal guardian,attorney-in-fact, or family member to consent to treatment in contraventionto such incapacitated person's expressed permission regarding suchtreatment.

3. In a life-threatening emergency, consent of such an incapacitatedperson to any research program or experimental procedure shall not berequired when the institutional review board responsible for the review,approval, and continuing review of the research activity has approved boththe research activity and a waiver of informed consent and has both foundand documented that the requirements for an exception from informed consentrequirements for emergency research, as provided under Part 50 of Title 21or Part 46 of Title 45 of the Code of Federal Regulations, as amended, havebeen satisfied.

(L. 1993 H.B. 564 § 33, A.L. 2003 S.B. 431, A.L. 2006 H.B. 1601 merged with S.B. 765)

Effective 6-12-06