217.420. Surgery, general anesthetic not authorized for offender without consent or court order, exceptions, emergencies--treatment against religious beliefs, when allowed.
Surgery, general anesthetic not authorized for offender withoutconsent or court order, exceptions, emergencies--treatment againstreligious beliefs, when allowed.
217.420. 1. Except in case of an emergency, the department shall notauthorize or permit any major surgery to be performed upon or generalanesthetic to be administered to any offender committed to the departmentunless specific written consent thereto shall first have been obtained fromthe offender or his parent or legal guardian if he is a minor, or, in theabsence of such consent, from the court which vested legal custody of suchoffender in the department or the circuit court of the county where theoffender is located.
2. Upon the recommendation of an attending physician, psychiatrist,psychologist, surgeon or dentist, the department may authorize medical,psychiatric, psychological, surgical or dental care and treatment,respectively, as may be required by the condition of the offender. If thecare and treatment is contrary to the religious tenets and beliefs of suchoffender, the treatment of such offender may be authorized by thedepartment only upon the specific written consent of the offender, or hisparent or legal guardian if he is a minor, or, in the absence of suchconsent, upon the specific written order of the court which vested legalcustody of the offender in the department or the circuit court of thecounty where the offender's correctional center is located.
3. When the offender has been placed in a correctional center otherthan one administered by the department, the person or personsadministering such facility shall have the authority to provide theoffender with necessary medical, psychiatric, psychological, surgical ordental care only to the extent that such authority has been delegated tosuch persons with respect to particular offenders and subject to suchlimitations as may be prescribed by law.
(L. 1982 H.B. 1196 § 29, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)