No emergency care provider shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age when the patient is unable to give his or her consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.

Terms Used In Nebraska Statutes 38-1233

  • Emergency care provider: includes all licensure classifications of emergency care providers established pursuant to the Emergency Medical Services Practice Act. See Nebraska Statutes 38-1206.04
  • Patient: means an individual who either identifies himself or herself as being in need of medical attention or upon assessment by an emergency care provider has an injury or illness requiring treatment. See Nebraska Statutes 38-1209
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801