SECTION .0300 ‑ RIGHT TO REFUSE TREATMENT
10A NCAC 28D .0301 THERAPEUTIC AND DIAGNOSTIC PROCEDURES
(a) In addition to the treatment procedures specified in
G.S. 122C‑57(f), other intrusive procedures which are not routine medical
diagnostic or treatment procedures shall require the express and informed
written consent of the client or his legally responsible person prior to their
initiation except in medical emergencies. Such procedures shall include but
are not limited to the following:
(1) procedures that introduce radioactive dyes;
(2) hyperalimentation;
(3) endoscopy;
(4) lumbar puncture;
(5) prescribing and administration of the
following drugs:
(A) Antabuse;
(B) Clonodine when used for non‑FDA approved uses;
and
(C) Depo‑Provera when used for non‑FDA
approved uses; and
(6) neuroleptic drug therapy following the
diagnosis of tardive dyskinesia or after the symptoms of tardive dyskinesia
have appeared as observed by using a standardized abnormal involuntary movement
rating scale.
(b) Non‑emergency surgery, and other therapeutic and
diagnostic procedures as specified in Paragraph (a) of this Rule, shall not be
performed on a client unless the client or his legally responsible person has
been provided with sufficient information concerning the proposed procedure in
order to make an educated decision about the treatment measure and has
consented in writing.
(c) Emergency surgery may be performed on a client without
consent as specified in Paragraph (b) of this Rule only when:
(1) immediate action is necessary to preserve
the life or health of the client;
(2) the client is unconscious or otherwise
incapacitated so as to be incapable of giving consent;
(3) in the case of a minor or incompetent adult
client, the consent of the legally responsible person cannot be obtained within
the time necessitated by the nature of the medical emergency, subject to the
provisions of G.S. 90‑21.1 et seq.; and
(4) the attending physician and a second
physician certify in writing that the situation requires emergency surgery.
History Note: Authority G.S. 90‑21.1; 90‑21.13;
122C‑51; 122C‑57; 131E‑67; 143B‑147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989.