§ 153A-225. Medical care of prisoners. - North Carolina Statutes

§ 153A‑225.  Medicalcare of prisoners.

(a)        Each unit thatoperates a local confinement facility shall develop a plan for providingmedical care for prisoners in the facility. The plan

(1)        Shall be designed toprotect the health and welfare of the prisoners and to avoid the spread ofcontagious disease;

(2)        Shall provide formedical supervision of prisoners and emergency medical care for prisoners tothe extent necessary for their health and welfare;

(3)        Shall provide forthe detection, examination and treatment of prisoners who are infected withtuberculosis or venereal diseases.

The unit shall develop the planin consultation with appropriate local officials and organizations, includingthe sheriff, the county physician, the local or district health director, andthe local medical society. The plan must be approved by the local or districthealth director after consultation with the area mental health, developmentaldisabilities, and substance abuse authority, if it is adequate to protect thehealth and welfare of the prisoners. Upon a determination that the plan isadequate to protect the health and welfare of the prisoners, the plan must beadopted by the governing body.

As a part of its plan, eachunit may establish fees of not more than ten dollars ($10.00) per incident forthe provision of nonemergency medical care to prisoners. In establishing feespursuant to this section, each unit shall establish a procedure for waivingfees for indigent prisoners.

(b)        If a prisoner in alocal confinement facility dies, the medical examiner and the coroner shall benotified immediately. Within five days after the day of the death, theadministrator of the facility shall make a written report to the local ordistrict health director and to the Secretary of Health and Human Services. Thereport shall be made on forms developed and distributed by the Department ofHealth and Human Services.

(b1)      Whenever a localconfinement facility transfers a prisoner from that facility to another localconfinement facility, the transferring facility shall provide the receivingfacility with any health information or medical records the transferringfacility has in its possession pertaining to the transferred prisoner.

(c)        If a personviolates any provision of this section (including the requirements regardingG.S. 130‑97 and 130‑121), he is guilty of a Class 1 misdemeanor. (1967, c. 581, s. 2; 1973, c.476, ss. 128, 138; c. 822, s. 1; 1973, c. 1140, s. 3; 1989, c. 727, s. 204;1991, c. 237, s. 2; 1993, c. 539, s. 1062; 1994, Ex. Sess., c. 24, s. 14(c);1995, c. 385, s. 1; 1997‑443, s. 11A.112; 2003‑392, s. 1; 2004‑199,s. 46(a).)