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