State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-22_2

§ 148‑22.2.  Procedurewhen surgical operations on inmates are necessary.

The medical staff of any penalinstitution of the State of North Carolina is hereby authorized to perform orcause to be performed by competent and skillful surgeons surgical operationsupon any inmate when such operation is necessary for the improvement of thephysical condition of the inmate. The decision to perform an operation shall bemade by the chief medical officer of the institution, with the approval of thesuperintendent of the institution, and with the advice of the medical staff of the institution. No operation shall be performed without the consent of theinmate; or, if the inmate is a minor, without the consent of a responsiblemember of the inmate's family, a guardian, or one having legal custody of theminor; or, if the inmate be non compos mentis, then the consent of aresponsible member of the inmate's family or of a guardian shall be obtained.Any surgical operations on inmates of State penal institutions shall also besubject to the provisions of Article 1A of Chapter 90 of the General Statutes,G.S. 90‑21.13, and G.S. 90‑21.16.

If the operation on the inmateis determined by the chief medical officer to be an emergency situation inwhich immediate action is necessary to preserve the life or health of theinmate, and the inmate, if sui juris, is unconscious or otherwise incapacitatedso as to be incapable of giving consent or in the case of a minor or inmate noncompos mentis, the consent of a responsible member of the inmate's family,guardian, or one having legal custody of the inmate cannot be obtained withinthe time necessitated by the nature of the emergency situation, then thedecision to proceed with the operation shall be made by the chief medicalofficer and the superintendent of the institution with the advice of themedical staff of the institution.

In all cases falling underthis section, the chief medical officer of the institution and the medicalstaff of the institution shall keep a careful and complete record of themeasures taken to obtain the permission for the operation and a completemedical record signed by the medical superintendent or director, the surgeonperforming the operation and all surgical consultants of the operationperformed. (1919,c. 281, ss. 1, 2; C.S., ss. 7221, 7222; 1947, c. 537, s. 24; 1951, c. 775;1957, c. 1357, s. 1; 1981, c. 307, ss. 2, 3; 2003‑13, s. 8; 2004‑203,s. 53(a).)