Section .0300 ‑ Right To Refuse Treatment

Link to law: 10a - health and human services/chapter 28 - mental health, state operated facilities and services/subchapter d/10a ncac 28d .0301.html
Published: 2015

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(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;


(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.