A health care provider may treat a patient who is incapable of making an informed decision, without consent, if: The treatment is of an emergency medical nature; A person who is authorized to give the consent is not available immediately; and The attending physician determines that: There is a substantial risk of death or immediate and serious harm to the patient; and With a reasonable degree of medical certainty, the life or health of the patient would be affected adversely by delaying treatment to obtain consent.