- Title
- Session laws and resolutions passed by the General Assembly [1974]
-
-
- Date
- 1974
-
-
- Creator
- ["North Carolina."]
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- Place
- ["North Carolina, United States"]
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Session laws and resolutions passed by the General Assembly [1974]
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CHAPTER 1281 Session Laws — 1973
H. B. 1611 CHAPTER 1281
AN ACT TO REWRITE CHAPTER 35, ARTICLE 7, OP THE GENERAL
STATUTES ENTITLED “PERSONS WITH MENTAL DISEASES AND
INCOMPETENTS”.
The General Assembly of North Carolina enacts:
Section 1. Article 7 of Chapter 35 of the General Statutes of North
Carolina is hereby rewritten to read:
“Article 7.
“Sterilization of Persons Mentally Ill and Mentally Retarded.
“§35-36. Sterilization of mental defectives in State institutions — The
responsible director, or other public official performing the functions of such
director, of any institution supported wholly or in part by the State of North
Carolina is hereby authorized to petition the district court of the county in
which such institution is located for the sterilization operation of any mentally
ill or retarded resident or patient thereof as may be considered in the best
interest of the mental, moral, or physical improvement of the resident or
patient, or for the public good, provided, that no operation authorized in this
section shall be lawful unless and until the provisions of this Article shall first be
complied with. It shall be the responsibility of the State institution to provide
or pay for the cost and expense of the operations authorized in this section for
those persons residents or patients in State institutions.
“§ 35-37. Sterilization of mental defectives not in State institutions — The
county director of social services, or other public official performing the
functions of such director, is hereby authorized to petition the district court of
his county for the sterilization operation of any mentally ill or retarded resident
of the county, not a resident or patient of any State institution, or of any
mentally ill or retarded person who is on parole from a State institution
considered in the best interest of the mental, moral, or physical improvement of
such resident, or for the public good, provided that no operation authorized in
this section shall be lawful unless and until the provisions of this Article shall
first be complied with. It shall be the responsibility of the board of
commissioners of the respective counties to provide or pay for the cost and
expense of the operations authorized in this section for those persons residents in
their respective counties.
“§ 35-38. Who shall perform sterilization operations upon the mental
defectives. — No operation under tills Article shall be performed by other than a
duly qualified and licensed North Carolina physician or surgeon, pursuant to
Chapter 90 of the General Statutes as amended, and by him only upon a written
order signed by the court having authority under the provisions of either G.S.
35-41 or G.S. 35-42. The petitioner will select the physician or surgeon to
perform the sterilization operation and notify the patient and next of kin. If
however, the patient or next of kin wishes to select a physician or surgeon other
than the one selected by the petitioner, it will be the responsibility of the
patient or next of kin to pay for the costs and expense of the sterilization
operation. In the event the patient or next of kin is unable to provide for
payment, of the physician or surgeon selected by them, the operation will be
performed by the physician or surgeon selected by the petitioner.
458
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