Parents' Medical Bill of Rights.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 519
Committee Substitute Favorable 4/29/25

Short Title: Parents' Medical Bill of Rights. (Public)
Sponsors:
Referred to:
March 27, 2025
*H519-v-2*
A BILL TO BE ENTITLED 1
AN ACT REVISING THE LAWS REGARDING WHEN MINORS CAN GIVE EFFE CTIVE 2
CONSENT TO MEDICAL TREATMENT ON THEIR OWN AUTHORITY AND WHEN 3
PARENTS ARE ALLOWED ACCESS TO MINORS' MEDICAL RECORDS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Part 1 of Article 1A of Chapter 90 of the General Statutes reads as 6
rewritten: 7
"Article 1A. 8
"Treatment of Minors. 9
"Part 1. General Provisions. 10
"§ 90-21.1. When physician providers may treat minor without consent of parent, guardian 11
or person in loco parentis. 12
It shall be lawful for any physician physician, physician assistant, or nurse practitioner 13
licensed to practice medicine in North Carolina to render treatment to any minor without first 14
obtaining the consent and approval of either the fath er or mother of said child, or any person 15
acting as guardian, or any person standing in loco parentis to said child where: 16
(1) The parent or parents, the guardian, or a person standing in loco parentis to 17
said child cannot be located or contacted with reasonable diligence during the 18
time within which said minor needs to receive the treatment herein authorized, 19
or 20
(2) Where the identity of the child is unknown, or where the necessity for 21
immediate treatment is so apparent that any effort to secure approval w ould 22
delay the treatment so long as to endanger the life of said minor, or 23
(3) Where an effort to contact a parent, guardian, or person standing in loco 24
parentis would result in a delay that would seriously worsen the physical 25
condition of said minor, or 26
(4) Where the parents refuse to consent to a procedure, and the necessity for 27
immediate treatment is so apparent that the delay required to obtain a court 28
order would endanger the life or seriously worsen the physical condition of 29
the child. No treatment sh all be administered to a child over the parent's 30
objection as herein authorized unless the physician physician, physician 31
assistant, or nurse practitioner shall first obtain the opinion of another 32
physician physician, physician assistant, or nurse practiti oner licensed to 33
practice medicine in the State of North Carolina that such procedure is 34
necessary to prevent immediate harm to the child. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 519-Second Edition
(5) Where the physician, physician assistant, or nurse practitioner has a 1
reasonable belief the treatment is for a condition, disease, or injury triggering 2
an obligation to report under G.S. 7B-301 or G.S. 90-21.20(c1). 3
(b) Provided, however, that the The refusal of a physician physician, physician assistant, 4
or nurse practitioner to use, perform or render treatment to a minor without the consent of the 5
minor's parent, guardian, or person standing in the position of loco parentis, in accordance with 6
this Article, shall not constitute grounds for a civil action or criminal proceeding s against such 7
physician.the physician, physician assistant, or nurse practitioner. 8
"§ 90-21.2. "Treatment" defined. 9
The word "treatment" as used in G.S. 90-21.1 is hereby defined to mean any medical 10
procedure or treatment, including X rays, the administration of drugs, blood transfusions, use of 11
anesthetics, and laboratory or other diagnostic procedures employed by or ordered by a physician 12
physician, physician assistant, or nurse practitioner licensed to practice medicine in the State of 13
North Carolina that is used, employed, or ordered to be used or employed commensurate with 14
the exercise of reasonable care and equal to the standards of medical practice normally employed 15
in the community where said physician physician, physician assistant, or nurse pract itioner 16
administers treatment to said minor. 17
"§ 90-21.3. Performance of surgery on minor; obtaining second opinion as to necessity. 18
The word "treatment" as defined in G.S. 90-21.2 shall also include any surgical procedure 19
which in the opinion of the attending physician is necessary under the terms and conditions set 20
out in G.S. 90-21.1; provided, however, no surgery shall be conducted upon a minor as herein 21
authorized unless the surgeon shall first obtain the opinion of another physician licensed to 22
practice medicine in the State of North Carolina that said surgery is necessary under the 23
conditions set forth in G.S. 90-21.1; provided further, that in any emergency situation that shall 24
arise in a rural community, or in a community where it is impossible for the surgeon to contact 25
any other physician for the purpose of obtaining his opinion as to the necessity for immediate 26
surgery, it shall not be necessary for the surgeon to obtain approval from another physician before 27
performing such surgery as is necessary under the terms and conditions set forth in G.S. 90-21.1. 28
"§ 90-21.4. Responsibility, liability and immunity of physicians. 29
(a) Any physician physician, physician assistant, or nurse practitioner licensed to practice 30
medicine in North Carolina providing health services to a minor under the terms, conditions and 31
circumstances of this Article shall not be held liable in any civil or criminal action for providing 32
such services without having obtained permission from the minor's parent, legal guardian, person 33
standing in loco parentis, or a legal custodian other than a parent when granted specific authority 34
in a custody order to consent to medical or psychiatric treatment. The physician physician, 35
physician assistant, or nurse practitioner shall not be r elieved on the basis of this Article from 36
liability for negligence in the diagnosis and treatment of a minor. 37
(b) The physician physician, physician assistant, or nurse practitioner shall not notify a 38
parent, legal guardian, person standing in loco parenti s, or a legal custodian other than a parent 39
when granted specific authority in a custody order to consent to medical or psychiatric treatment, 40
without the permission of the minor, concerning the medical health services set out in 41
G.S. 90-21.5(a), unless th e situation in the opinion of the attending physician physician, 42
physician assistant, or nurse practitioner indicates that notification is essential to the life or health 43
of the minor. If a parent, legal guardian[,] person standing in loco parentis, or a l egal custodian 44
other than a parent when granted specific authority in a custody order to consent to medical or 45
psychiatric treatment contacts the physician concerning the treatment or medical services being 46
provided to the minor, the physician may give information. 47
"§ 90-21.5. Minor's consent sufficient for certain medical health services. 48
(a) Subject to subsection (a1) of this section, any Any minor may give effective consent 49
to a physician physician, physician assistant, or nurse practi tioner licensed to practice medicine 50
in North Carolina for medical health services for the prevention, diagnosis and treatment of (i) 51
General Assembly Of North Carolina Session 2025
House Bill 519-Second Edition Page 3
venereal disease and other diseases reportable under G.S. 130A-135, (ii) pregnancy, (iii) abuse 1
of controlled substances or alcohol, and (iv) emotional disturbance.pregnancy. 2
(a1) Any minor age 16 or older may give effective consent to a physician , physician 3
assistant, or nurse practitioner licensed to practice in North Carolina for medical health services 4
for the diagnosis and trea tment of venereal disease and other diseases reportable under 5
G.S. 130A-135 if the disease can be treated with a prescription with a duration of 10 days or less. 6
(a2) This section does not authorize the inducing of an abortion, performance of a 7
sterilization operation, or admission to a 24 -hour facility licensed under Article 2 of Chapter 8
122C of the General Statutes except as provided in G.S. 122C-223. This section does not prohibit 9
the admission of a minor to a treatment facility upon his own written application in an emergency 10
situation as authorized by G.S. 122C-223. 11
(a1)(a3) Notwithstanding any other provision of law to the contrary, a health care provider 12
shall obtain written consent from a parent or legal guardian prior to administering any vaccine 13
that has been granted emergency use authorization and is not yet fully approved by the United 14
States Food and Drug Administration to an individual under 18 years of age. 15
(b) Any minor who is emancipated may consent to any medical treatment, dental and 16
health services for himself or for his child. 17
"§ 90-21.5B. Parental access to minors' medical records. 18
(a) Except as provided in this section, parents and legal guardians have the right to access 19
and review all medical records of their minor child, including medical records of care for which 20
the minor may give effective consent under G.S. 90-21.5. 21
(b) Notwithstanding subsection (a) of this section, parents and legal guardians do not 22
have the right to access and review a minor's medical records if any of the following apply: 23
(1) The medical records are of health care described in G.S. 90-21.1(5). 24
(2) The medical records are of health care described in G.S. 90-21.5(a). 25
(3) The release of the medical records is prohibited by a valid court order. 26
(4) The parent or legal guardian is the subject of an investigation for a crime 27
committed against the minor and a law enforcement agency or official has 28
requested that the medical records not be released. 29
(c) For purp oses of this section, medical record shall include any documentation of 30
treatment regardless of medium, whether paper, electronic, or database storage." 31
SECTION 2. This act becomes effective October 1, 2025, and applies to acts 32
occurring on or after that date. 33