§ 148-46.2. Procedure when consent is refused by prisoner. - North Carolina Statutes

§ 148‑46.2.  Procedurewhen consent is refused by prisoner.

When the Secretary ofCorrection finds as a fact that the injury to any prisoner was willfully andintentionally self‑inflicted and that an operation or treatment isnecessary for the preservation or restoration of the health of the prisoner andthat the prisoner is competent to act for himself or herself; and that attemptshave been made to obtain consent for the proposed operation or treatment butsuch consent was refused, and the findings have been reduced to writing andentered into the prisoner's records as a permanent part thereof, then the chiefmedical officer of the prison hospital or prison institution shall beauthorized to give or withhold, on behalf of the prisoner, consent to the operationor treatment.

In all cases coming under theprovisions of this section, the medical staff of the hospital or institutionshall keep a careful and complete medical record of the treatment and surgicalprocedures undertaken. The record shall be signed by the chief medical officerof the hospital or institution and the surgeon performing any surgery. Anytreatment of self‑inflicted injuries shall also be subject to theprovisions of G.S. 90‑21.13 and G.S. 90‑21.16. (1959, c. 1196; 1967, c. 996,s. 15; 1969, c. 982; 1973, c. 1262, s. 10; 1981, c. 307, ss. 4‑7, 9; 2004‑203,s. 53(b).)