HB 519 — Parents' Medical Bill of Rights.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 519 Committee Substitute Favorable 4/29/25 Short Title:

Representatives Balkcom, Loftis, Biggs, and Potts (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House March 27, 2025 A BILL TO BE ENTITLED AN ACT REVISING THE LAWS REGARDING WHEN MINORS CAN GIVE EFFECTIVE CONSENT TO MEDICAL TREATMENT ON THEIR OWN AUTHORITY AND WHEN PARENTS ARE ALLOWED ACCESS TO MINORS' MEDICAL RECORDS.

PartG.S. 1 of Article 1A of Chapter 90 of the General Statutes reads as rewritten:

"Article90-21.4 1A.reads as rewritten:

"Treatment of Minors.

"Part 1.

General Provisions.

"§ 90-21.1.

When physician providers maytreat minorwithoutconsentof parent,guardian or person in loco parentis.

It shall be lawful for any physician physician, physician assistant, or nurse practitioner licensed to practice medicine in North Carolina to render treatment to any minor without first obtaining the consent and approval of either the father or mother of said child, or any person acting as guardian, or any person standing in loco parentis to said child where:

(1) The parent or parents, the guardian, or a person standing in loco parentis to said child cannot be located or contacted with reasonable diligence during the timewithin whichsaid minorneeds to receivethetreatment herein authorized, or (2) Where the identity of the child is unknown, or where the necessity for immediate treatment is so apparent that any effort to secure approval would delay the treatment so long as to endanger the life of said minor, or (3) Where an effort to contact a parent, guardian, or person standing in loco parentis would result in a delay that would seriously worsen the physical condition of said minor, or (4) Where the parents refuse to consent to a procedure, and the necessity for immediate treatment is so apparent that the delay required to obtain a court order would endanger the life or seriously worsen the physical condition of the child.

No treatment shall be administered to a child over the parent's objection as herein authorized unless the physician physician, physician assistant, or nurse practitioner shall first obtain the opinion of another physician physician, physician assistant, or nurse practitioner licensed to practice medicine in the State of North Carolina that such procedure is necessary to prevent immediate harm to the child.

*H519-v-2* General Assembly Of North Carolina Session 2025 (5) Where the physician, physician assistant, or nurse practitioner has a reasonable belief the treatment is for a condition, disease, or injury triggering an obligation to report under G.S.

7B-301 or G.S.

90-21.20(c1).

(b) Provided, however, that the The refusal of a physician physician, physician assistant, or nurse practitioner to use, perform or render treatment to a minor without the consent of the minor's parent, guardian, or person standing in the position of loco parentis, in accordance with this Article, shall not constitute grounds for a civil action or criminal proceedings against such physician.the physician, physician assistant, or nurse practitioner.

"§ 90-21.2.

"Treatment" defined.

The word "treatment" as used in G.S.

90-21.1 is hereby defined to mean any medical procedure or treatment, including X rays, the administration of drugs, blood transfusions, use of anesthetics, and laboratoryor other diagnostic procedures employed byor ordered bya physician physician, physician assistant, or nurse practitioner licensed to practice medicine in the State of North Carolina that is used, employed, or ordered to be used or employed commensurate with the exercise of reasonable care and equal to the standards of medical practice normallyemployed in the community where said physician physician, physician assistant, or nurse practitioner administers treatment to said minor.

"§ 90-21.3.

Performance of surgery on minor;

obtaining second opinion as to necessity.

The word "treatment" as defined in G.S.

90-21.2 shall also include any surgical procedure which in the opinion of the attending physician is necessary under the terms and conditions set out in G.S.

90-21.1;

provided, however, no surgery shall be conducted upon a minor as herein authorized unless the surgeon shall first obtain the opinion of another physician licensed to practice medicine in the State of North Carolina that said surgery is necessary under the conditions set forth in G.S.

90-21.1;

provided further, that in any emergency situation that shall arise in a rural community, or in a community where it is impossible for the surgeon to contact any other physician for the purpose of obtaining his opinion as to the necessity for immediate surgery, it shall not benecessaryforthesurgeonto obtain approval from anotherphysicianbefore performing such surgery as is necessaryunder the terms and conditions set forth in G.S.

90-21.1.

(a) AnyphysicianAny physician,physician physicianassistant,licensed ornursepractitionerto licensedto practice medicine in North Carolina providing health services to a minor under the terms, conditions and circumstances of this Article shall not be held liable in any civil or criminal action for providing such services without having obtained permission from the minor's parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment.

The physician physician, physician assistant, or nurse practitioner shall not be relieved on the basis of this Article from liability for negligence in the diagnosis and treatment of a minor.

(b) The physician physician, physician assistant, or nurse practitioner shall not notify a parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent when granted specific authorityinauthority in a custodyordercustody order to consent to medical or psychiatric treatment, without the permission of the minor, concerning the medical health services set out in G.S.

90-21.5(a), unless the situation in the opinion of the attending physician physician, physician assistant, or nurse practitioner indicates that notification is essential to the life or health of thetheminor. minor.

If aaparent, parent, legal guardian[,] personpersonstandingin standing in loco parentis, orora a legal custodiancustodianother other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment contacts the physician concerning the treatment or medical services being provided to the minor, the physician may give information.information." SECTION 2.

G.S.

90-21.5 reads as rewritten:

(a) Subject to subsection (a1) of this section, any Any minor may give effective consent to a physician physician, physician assistant, or nurse practitioner licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis and treatment of (i) Page 2 House Bill 519-Second Edition General Assembly Of North Carolina Session 2025 venereal disease and other diseases reportable under G.S.