10a ncac 27d .0303       INFORMED CONSENT

(a)  Each client, or legally responsible person, shall be informed, in a manner that the client or legally responsible person can understand, about:

(1)           the alleged benefits, potential risks, and possible alternative methods of treatment/habilitation; and

(2)           the length of time for which the consent is valid and the procedures that are to be followed if he chooses to withdraw consent.  The length of time for a consent for the planned use of a restrictive intervention shall not exceed six months.

(b)  A consent required in accordance with G.S. 122C‑57(f) or for planned interventions specified by the rules in Subchapter 27E, Section .0100, shall be obtained in writing.  Other procedures requiring written consent shall include, but are not limited to, the prescription or administration of the following drugs:

(1)           Antabuse; and

(2)           Depo‑Provera when used for non‑FDA approved uses.

(c)  Each voluntary client or legally responsible person has the right to consent or refuse treatment/habilitation in accordance with G.S. 122C‑57(d).  A voluntary client's refusal of consent shall not be used as the sole grounds for termination or threat of termination of service unless the procedure is the only viable treatment/habilitation option available at the facility.

(d)  Documentation of informed consent shall be placed in the client's record.


History Note:        Authority G.S. 122C‑51; 122C‑57; 143B‑147;

Eff. February 1, 1991;

Amended Eff. January 4, 1993; January 1, 1992;

Temporary Amendment Eff. January 1, 2001;

Amended Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 25, 2016.