{"data":{"id":"us-ar/ark.-code-ann.-20-9-603","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 20-9-603","heading":"Implied consent - Definition","body":"In addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances: (1) (A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent. (B) \"Emergency\" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and (2) When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person. Acts 1973, No. 328, § 2; 1977, No. 805, § 1; A.S.A. 1947, § 82-364.\n\nIn addition to any other instances in which consent is excused or implied at law, consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a licensed physician will be implied in the following circumstances:\n\n(1) (A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent. (B) \"Emergency\" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and\n\n(A) When an emergency exists and there is no one immediately available who is authorized, empowered to, or capable of consent.\n\n(B) \"Emergency\" means a situation in which, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably be expected to jeopardize the life, health, or safety of the person affected or would reasonably be expected to result in disfigurement or impaired faculties; and\n\n(2) When any emergency exists, there has been a protest or refusal of consent by a person authorized and empowered to do so, and there is no other person immediately available who is authorized, empowered, or capable of consenting but there has been a subsequent material and morbid change in the condition of the affected person.","path":["AR Code","Title 20","Chapter 9","Subchapter 6"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"18e6390fa8696a875aee3a017613b868a84542a126eaf0922d417fb58e0aba6d","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-20-9-602","next":"us-ar/ark.-code-ann.-20-9-604"},"notice":"GroundRules: Original legal text. Not legal advice."}