(1) Consent for the furnishing of hospital, medical, dental or surgical care, treatment or procedures to any person who is not then capable of giving such consent as provided in this chapter or who is a minor or incompetent person, may be given or refused in the order of priority set forth hereafter unless the patient is a competent person who has refused to give such consent, and provided further that this subsection shall not be deemed to authorize any person to override the express refusal by a competent patient to give such consent himself:(a) The legal guardian of such person;
(b)
The person named in a "Living Will and Durable Power of Attorney for Health Care" pursuant to section
39-4510, Idaho Code, or a similar document authorized by this chapter;
(c) If married, the spouse of such person;
(d) A parent of such person;
(e) Any relative representing himself or herself to be an appropriate, responsible person to act under the circumstances;
(f) Any other competent individual representing himself or herself to be responsible for the health care of such person; or
(g) If the subject person presents a medical emergency or there is a substantial likelihood of his or her life or health being seriously endangered by withholding or delay in the rendering of such hospital, medical, dental or surgical care to such patient and the subject person has not communicated and is unable to communicate his or her treatment wishes, the attending physician or dentist may, in his or her discretion, authorize and/or provide such care, treatment or procedure as he or she deems appropriate, and all persons, agencies and institutions thereafter furnishing the same, including such physician or dentist, may proceed as if informed, valid consent therefor had been otherwise duly given.
(2) No person who, in good faith, gives consent or authorization for the provision of hospital, medical, dental or surgical care, treatment or procedures to another as provided by this chapter shall be subject to civil liability therefor.
(3)
No health care provider who, in good faith, obtains consent from a person pursuant to either section
39-4503 or
39-4504(1), Idaho Code, shall be subject to civil liability therefor.
Idaho Statutes