§ 148-19. Health services.
§ 148‑19. Healthservices.
(a) The generalpolicies, rules and regulations of the Department of Correction shall prescribestandards for health services to prisoners, which shall include preventive,diagnostic, and therapeutic measures on both an outpatient and a hospitalbasis, for all types of patients. A prisoner may be taken, when necessary, to amedical facility outside the State prison system. The Department of Correctionshall seek the cooperation of public and private agencies, institutions, officialsand individuals in the development of adequate health services to prisoners.
(b) Upon request of theSecretary of Correction, the Secretary of Health and Human Services may detailpersonnel employed by the Department of Health and Human Services to theDepartment of Correction for the purpose of supervising and furnishing medical,psychiatric, psychological, dental, and other technical and scientific servicesto the Department of Correction. The compensation, allowances, and expenses ofthe personnel detailed under this section may be paid from applicableappropriations to the Department of Health and Human Services, and reimbursedfrom applicable appropriations to the Department of Correction. The Secretaryof Correction may make similar arrangements with any other agency of Stategovernment able and willing to aid the Department of Correction to meet theneeds of prisoners for health services.
(c) Each prisonercommitted to the State Department of Correction shall receive a physical andmental examination by a health care professional authorized by the NorthCarolina Medical Board to perform such examinations as soon as practicableafter admission and before being assigned to work. The prisoner's work andother assignments shall be made with due regard for the prisoner's physical andmental condition.
(d) The Commission forMental Health, Developmental Disabilities, and Substance Abuse Services shalladopt standards for the delivery of mental health and mental retardationservices to inmates in the custody of the Department of Correction. TheCommission for Mental Health, Developmental Disabilities, and Substance AbuseServices shall give the Secretary of Correction an opportunity to review andcomment on proposed standards prior to promulgation of such standards; however,final authority to determine such standards remains with the Commission. TheSecretary of the Department of Health and Human Services shall designate anagency or agencies within the Department of Health and Human Services tomonitor the implementation by the Department of Correction of these standardsand of substance abuse standards adopted by the Department of Correction uponthe advice of the Substance Abuse Advisory Council established pursuant to G.S.143B‑270. The Secretary of Health and Human Services shall send a writtenreport on the progress which the Department of Correction has made on theimplementation of such standards to the Governor, the Lieutenant Governor, andthe Speaker of the House. Such reports shall be made on an annual basisbeginning January 1, 1978. (1917, c. 286, s. 22; C.S., s. 7727; 1925, c. 163;1933, c. 172, s. 18; 1957, c. 349, s. 10; 1967, c. 996, s. 4; 1973, c. 476, s.133; c. 1262, s. 10; 1977, c. 332; c. 679, s. 7; 1981, c. 51, s. 6; c. 707, ss.1, 2; 1985, c. 589, s. 55.1; 1991, c. 405, s. 1; 1995, c. 94, s. 36; 1997‑443,s. 11A.118(a).)