Section 461-A:19 Authorization for Emergency Treatment When Custodial Parent Incapacitated.
I. In cases where the parent having the care of the child, has sole or shared decision-making responsibility and has become incapacitated and is unable to make necessary decisions concerning the emergency medical treatment of the child, such parent's spouse shall be authorized to make such decisions subject to the following conditions:
(a) The child is in the care of a medical facility whose policy requires that all decisions regarding treatment of the type necessary under the circumstances be made by a parent having sole or shared decision-making responsibility; and
(b) Either the incapacitated parent has sole decision-making responsibility; or, if there is shared decision making responsibility, the other parent cannot be located, and in the opinion of the treating physician, circumstances make it necessary to make a decision regarding treatment immediately.
II. The right to authorize treatment granted under this section shall under no circumstances last longer than 30 days, and otherwise shall terminate upon the recovery of the parent to normal capacity, or upon the establishment of contact with the other parent, whichever occurs first.
Source. 2005, 273:1, eff. Oct. 1, 2005.