Rhode Island General Laws 40.1-22-23. Emergency medical or surgical care
Whenever it shall be brought to the attention of the person in charge of a facility, that a client who is resident in that facility is in need of emergency medical and/or surgical care and treatment on the written advice of a physician licensed to practice in Rhode Island, and if the client is eighteen (18) years of age or older, the client shall be the sole person able to authorize the treatment in writing. If it shall be brought to the attention of the official in charge of the facility that the client is unable to comprehend or understand the treatment to which he or she is voluntarily consenting, or because of his or her medical condition is not able to voluntarily consent, or in the case of a minor the parents or guardian after due diligence cannot be located, and only in those events shall the official in charge of the facility be authorized to sign a consent to authorize emergency treatment on behalf of the client. The signed consent by the official shall be considered valid, and as if the client shall voluntarily and with full understanding have himself or herself signed the consent.
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-23; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
Terms Used In Rhode Island General Laws 40.1-22-23
- Client: means any developmentally disabled adult who is in potential need of, or is receiving, services aimed at alleviating his or her condition of functional dependence. See Rhode Island General Laws 40.1-22-3
- Facility: means any public or private facility, inpatient rehabilitation center, hospital, institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, equipped to habilitate, on a residential basis, persons who are intellectually or developmentally disabled and in need of residential care. See Rhode Island General Laws 40.1-22-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6