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885 COUNTIES $ 153A-225.1 3
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<br /> `. health, or welfare of persons confined mental health, developmental disabilities, and sub-
<br /> therein. The court may affirm, modify, or stance abuse authority, if it is adequate to protect
<br /> reverse the Secretary's order.(1947,c.915; the health and welfare of the prisoners. Upon a
<br /> 1967,c.581,a.2;1973,c.476,s.138;c.822, determination that the plan is adequate to protect
<br /> s. 1; 1981,c. 614,as. 20,21; 1983,c. 745,s. the health and welfare of the prisoners, the plan
<br /> 8; 1987,c.827,s. 1;1987(Reg.Seas.,1988), must be adopted by the governing body.
<br /> c. 1037, s. 123.) As a part of its plan,each unit may establish fees i J!
<br /> of not more than ten dollars($10.00)per incident for 1
<br /> 4 153A-224. Supervision of local confinement the provision of nonemergency medical care to pris- .
<br /> facilities, oners. In establishing fees pursuant to this section,
<br /> (a) No person may be confined in a local confine- each unit shall establish a procedure for waiving i j
<br /> fees for indigent prisoners.
<br /> ment facility unless custodial personnel are present
<br /> (b) If a prisoner in a local confinement facility �
<br /> and available to provide continuous supervision in dies,the medical examiner and the coroner shall be ,
<br /> order that custody will be secure and that,in event `
<br /> of emergency,such as fire,illness,assaults by other notified immediately. Within five days after the day
<br /> r of the death, the administrator of the facility shall ;. j)
<br /> tcted. These personnel shall supervise prisoners ieoaers, or otherwise, the prisoners can be pro- make a written report to the local or district health
<br /> director and to the Secretary of Environment,
<br /> closely enough to maintain safe custody and control k
<br /> and to be at all times informed of the prisoners' Health,and Natural Resources. The report shall be �
<br /> general health and emergency medical needs. made on forms developed and distributed by the
<br /> (b) In a medical emergency,the custodial person- Department of Environment, Health, and Natural ,t
<br /> nel shall secure emergency medical care from a Resources.
<br /> licensed physician according to the unit's plan for (c) If a person violates any provision of this sec-
<br /> medical care.If a physician designated in the plan is lion (including the requirements regarding G.S. I! .
<br /> not available, the personnel shall secure medical 130-97 and 130-121), he is guilty of a Class 1
<br /> services from any licensed physician who is avail- misdemeanor. (1967, c. 581, s. 2; 1973, c. 476, as. '
<br /> able. The unit operating the facility shall pay the 128, 138;c.822,s. 1;1973,c. 1140,s.3;1989,c.727,
<br /> oast of emergency medical services unless the in- s.204; 1991,c. 237,s. 2; 1993 c. 539,s. 1062; 1994, ti '
<br /> mate has third-party insurance, in which case the Ex. Seas.,c. 24,a. 14(c); 1995!c. 385,a. 1.) '
<br /> third-party insurer shall be the initial payor and the
<br /> medical provider shall bill the third-party insurer. 1153A-225.1. Duty of custodial personnel
<br /> The county shall only be liable for costs not reim- when prisoners are unconscious or semicon-
<br /> bursed by the third-party insurer,in which event the scious.
<br /> county may recover from the inmate the cost of the
<br /> non-reimbursed medical services. (a) Whenever a custodial officer of a local confine-
<br /> (c) If a person violates any provision of this sec- meat facility takes custody of a prisoner who is
<br /> lion,he is guilty of a Class 1 misdemeanor.(1967,c. unconscious, semiconscious, or otherwise appar-
<br /> 581,s.2; 1973,c.822,s. 1; 1993,c.510,a. 1;c.539, ently suffering from some disabling condition and
<br /> s. 1061; 1994,Ex. Sees.,c. 24, s. 14(c).) unable to provide information on the causes of the ;
<br /> condition, the officer should make a reasonable ef- ,
<br /> t 4 153A 226. Medical care of prisoners. fort to determine if the prisoner is wearing a brace- N
<br /> let or necklace containing the Medic Alert Founda-
<br /> (a) Each unit that operates a local confinement lion's emergency alert symbol to indicate that the
<br /> facility shall develop a plan for providing medical prisoner suffers from diabetes, epilepsy, a cardiac A.
<br /> care for prisoners in the facility.The plan condition or any other form of illness which would
<br /> (1) Shall be designed to protect the health and cause a loss of consciousness. If such a symbol is Ij
<br /> • welfare of the prisoners and to avoid the found indicating that the prisoner suffers from one
<br /> �- spread of contagious disease; of those conditions,the officer must make a reason-
<br /> (2) Shall provide for medical supervision of able effort to have appropriate medical care pro- A
<br /> prisoners and emergency medical care for vided.
<br /> prisoners to the extent necessary for their (b) Failure of a custodial officer of a local confine-
<br /> health and welfare; meat facility to make a reasonable effort to discover
<br /> (3) Shall provide for the detection,examination an emergency alert symbol as required by this (
<br /> st and treatment of prisoners who are infected section does not by itself establish negligence of the
<br /> ' with tuberculosis or venereal diseases. officer but may be considered along with other d
<br /> Q The unit shall develop the plan in consultation with evidence to determine if the officer took reasonable
<br /> appropriate local officials and organizations,includ- precautions to ascertain the emergency medical '� !
<br /> .• ing the sheriff, the county physician, the local or needs of the prisoner in his custody. jEt
<br /> cstrict health director,and the local medical society. (c) A prisoner who is provided medical care under
<br /> The plan must be approved by the local or district the provisions of this section is liable for the reason-
<br /> health director after consultation with the area able costs of that care unless he is indigent. �!
<br /> � ProetcLu-►'�-
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