§ 153A-222. Inspections of local confinement facilities. - North Carolina Statutes

§ 153A‑222.  Inspections of local confinementfacilities.

Department personnel shall visit and inspect each local confinementfacility at least semiannually. The purpose of the inspections is toinvestigate the conditions of confinement, the treatment of prisoners, themaintenance of entry level employment standards for jailers and supervisory andadministrative personnel of local confinement facilities as provided for inG.S. 153A‑216(4), and to determine whether the facilities meet theminimum standards published pursuant to G.S. 153A‑221. The inspectorshall make a written report of each inspection and submit it within 30 daysafter the day the inspection is completed to the governing body and other localofficials responsible for the facility. The report shall specify each way inwhich the facility does not meet the minimum standards. The governing bodyshall consider the report at its first regular meeting after receipt of thereport and shall promptly initiate any action necessary to bring the facility intoconformity with the standards. Notwithstanding the provisions of G.S. 8‑53or any other provision of law relating to the confidentiality of communicationsbetween physician and patient, the representatives of the Department of Healthand Human Services who make these inspections may review any writing or otherrecord in any recording medium which pertains to the admission, discharge,medication, treatment, medical condition, or history of persons who are or havebeen inmates of the facility being inspected. Physicians, psychologists,psychiatrists, nurses, and anyone else involved in giving treatment at orthrough a facility who may be interviewed by representatives of the Departmentmay disclose to these representatives information related to an inquiry,notwithstanding the existence of the physician‑patient privilege in G.S.8‑53 or any other rule of law; provided the patient, resident or clienthas not made written objection to such disclosure. The facility, its employees,and any person interviewed during these inspections shall be immune fromliability for damages resulting from the disclosure of any information to theDepartment. Any confidential or privileged information received from review ofrecords or interviews shall be kept confidential by the Department and notdisclosed without written authorization of the inmate or legal representative,or unless disclosure is ordered by a court of competent jurisdiction. TheDepartment shall institute appropriate policies and procedures to ensure thatthis information shall not be disclosed without authorization or court order.The Department shall not disclose the name of anyone who has furnishedinformation concerning a facility without the consent of that person. Neitherthe names of persons furnishing information nor any confidential or privilegedinformation obtained from records or interviews shall be considered"public records" within the meaning of G.S. 132‑1. Prior toreleasing any information or allowing any inspections referred to in thissection the patient, resident or client must be advised in writing that he hasthe right to object in writing to such release of information or review of hisrecords and that by an objection in writing he may prohibit the inspection orrelease of his records. (1947, c. 915; 1967, c. 581, s. 2; 1973, c. 822, s. 1; 1981, c. 586, s.6; 1983, c. 745, s. 7; 1997‑443, s. 11A.118(a).)