GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   D

HOUSE DRH80239-LU-8C  (03/25)

 

 

 

Short Title:        Eliminate Exceptions/Med Treatment/Minors.

(Public)

Sponsors:

Representatives Whitmire, Fulghum, Brisson, and Schaffer (Primary Sponsors).

Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT to eliminate certain exceptions for parental consent for medical treatment of unemancipated minors under the laws pertaining to the practice of medicine.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90-21.5(a) is repealed.

SECTION 2.  G.S. 90-21.7 reads as rewritten:

" 90-21.7.  Parental consent required.

(a)        No physician licensed to practice medicine in North Carolina shall perform an abortion upon an unemancipated minor or provide medical health services for an unemancipated minor for the prevention, diagnosis, and treatment of (i) venereal diseases and other diseases reportable under G.S. 130A-135, (ii) abuse of controlled substances or alcohol, (iii) emotional disturbance, or (iv) pregnancy unless the physician or agent thereof or another physician or agent thereof first obtains the written consent of the minor and the written consent, acknowledged in accordance with Chapter 10B of the General Statutes, of:

(1)        A parent with custody of the minor; or

(2)        The legal guardian or legal custodian of the minor; or

(3)        A parent with whom the minor is living; or

(4)        A grandparent with whom the minor has been living for at least six months immediately preceding the date of the minor's written consent.

(b)        The pregnant minor may petition, on her own behalf or by guardian ad litem, the district court judge assigned to the juvenile proceedings in the district court where the minor resides or where she is physically present for a waiver of the parental consent requirement if:

(1)        None of the persons from whom consent must be obtained pursuant to this section is available to the physician performing the abortion or providing medical health services for the prevention, diagnosis, and treatment of (i) venereal diseases and other diseases reportable under G.S. 130A-135, (ii) abuse of controlled substances or alcohol, (iii) emotional disturbance, or (iv) pregnancy or the physician's agent or the referring physician or the agent thereof within a reasonable time or manner; or

(2)        All of the persons from whom consent must be obtained pursuant to this section refuse to consent to the performance of an abortion;abortion or the provision of medical services as described in subdivision (1) of this subsection; or

(3)        The minor elects not to seek consent of the person from whom consent is required."

SECTION 3.  G.S. 122C-221(a) reads as rewritten:

"(a)       Except as otherwise provided in this Part, a minor may be admitted to a facility if the minor is (i) mentally ill or a substance abuser and in need of treatment.abuser, (ii) in need of treatment, and (iii) has complied with the consent requirements under G.S. 90-21.7(a). Except as otherwise provided in this Part,Part and to the extent allowed under G.S. 90-21.7, the provisions of G.S. 122C-211 shall apply to admissions of minors under this Part. Except as provided in G.S. 90-21.5, inIn applying for admission to a facility, in consenting to medical treatment when consent is required,facility and in any other legal procedure under this Article, the legally responsible person shall act for the minor. If a minor reaches the age of 18 while in treatment under this Part, further treatment is authorized only on the written authorization of the client or under the provisions of Part 7 or Part 8 of Article 5 of this Chapter."

SECTION 4.  This act becomes effective October 1, 2013.