§ 122C-57. Right to treatment and consent to treatment.
§ 122C‑57. Right totreatment and consent to treatment.
(a) Each client who isadmitted to and is receiving services from a facility has the right to receiveage‑appropriate treatment for mental health, mental retardation, andsubstance abuse illness or disability. Each client within 30 days of admissionto a facility shall have an individual written treatment or habilitation planimplemented by the facility. The client and the client's legally responsibleperson shall be informed in advance of the potential risks and alleged benefitsof the treatment choices.
(b) Each client has theright to be free from unnecessary or excessive medication. Medication shall notbe used for punishment, discipline, or staff convenience.
(c) Medication shall beadministered in accordance with accepted medical standards and only upon theorder of a physician as documented in the client's record.
(d) Each voluntarilyadmitted client or the client's legally responsible person (including a healthcare agent named pursuant to a valid health care power of attorney) has theright to consent to or refuse any treatment offered by the facility. Consentmay be withdrawn at any time by the person who gave the consent. If treatmentis refused, the qualified professional shall determine whether treatment insome other modality is possible. If all appropriate treatment modalities arerefused, the voluntarily admitted client may be discharged. In an emergency, avoluntarily admitted client may be administered treatment or medication, otherthan those specified in subsection (f) of this section, despite the refusal ofthe client or the client's legally responsible person, even if the client'srefusal is expressed in a valid advance instruction for mental healthtreatment. The Commission may adopt rules to provide a procedure to be followedwhen a voluntarily admitted client refuses treatment.
(d1) Except as providedin G.S. 90‑21.4, discharge of a voluntarily admitted minor from treatmentshall include notice to and consultation with the minor's legally responsibleperson and in no event shall a minor be discharged from treatment upon theminor's request alone.
(e) In the case of aninvoluntarily committed client, treatment measures other than those requiringexpress written consent as specified in subsection (f) of this section may begiven despite the refusal of the client, the client's legally responsibleperson, a health care agent named pursuant to a valid health care power ofattorney, or the client's refusal expressed in a valid advance instruction formental health treatment in the event of an emergency or when consideration ofside effects related to the specific treatment measure is given and in theprofessional judgment, as documented in the client's record, of the treatingphysician and a second physician, who is either the director of clinicalservices of the facility, or the director's designee, either:
(1) The client, withoutthe benefit of the specific treatment measure, is incapable of participating inany available treatment plan which will give the client a realistic opportunityof improving the client's condition;
(2) There is, withoutthe benefit of the specific treatment measure, a significant possibility thatthe client will harm self or others before improvement of the client's conditionis realized.
(f) Treatmentinvolving electroshock therapy, the use of experimental drugs or procedures, orsurgery other than emergency surgery may not be given without the express andinformed written consent of the client, the client's legally responsibleperson, a health care agent named pursuant to a valid health care power ofattorney, or the client's consent expressed in a valid advance instruction formental health treatment. This consent may be withdrawn at any time by theperson who gave the consent. The Commission may adopt rules specifying othertherapeutic and diagnostic procedures that require the express and informedwritten consent of the client, the client's legally responsible person, or ahealth care agent named pursuant to a valid health care power of attorney. (1973, c. 475, s. 1; c. 1436,ss. 6, 7; 1981, c. 328, ss. 1, 2; 1985, c. 589, s. 2; 1995, c. 336, s. 1; 1997‑442,s. 3; 1998‑198, s. 5; 1998‑217, s. 53(a)(4); 1999‑456, s. 4;2007‑502, s. 15(b).)