Hospital Petition/Discharge Incapable Adults.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 410

Short Title: Hospital Petition/Discharge Incapable Adults. (Public)
Sponsors: Senators Sawrey and Adcock (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S410-v-1*
A BILL TO BE ENTITLED 1
AN ACT AUTHORIZING H OSPITALS TO PETITION THE COURT FOR APPRO VAL TO 2
DISCHARGE INCAPACITATED ADULT PATIENTS IN CASES IN WHICH PERSONS 3
AUTHORIZED TO MAKE H EALTH CARE DECISIONS ON BEHALF OF THESE 4
PATIENTS ARE UNWILLING TO CONSENT TO DISCHARGE. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Part 4 of Article 5 of Chapter 131E of the General Statutes is amended 7
by adding a new section to read: 8
"§ 131E-90.5. Petitions by hospitals to make discharge decisions for incapacitated adult 9
patients. 10
In the absence of a person authorized under G.S. 90-21.13(c) who is willing to make health 11
care decisions or consent to discharge on behalf of a patient who lacks capacity to make or 12
communicate health care decisions, the hospital providing treatment or service to the patient may 13
petition the superior court in the county in which the hospital is located , with or without the 14
assistance of legal counsel, for an order authorizing the discharge of the patient as ordered by the 15
attending phy sician only if the attending physician has the written concurrence of a second 16
physician licensed to practice medicine in this State. A hospital shall not file a petition under this 17
section sooner t han five business days after receiving the written concurrence of the second 18
physician. The court shall issue an order granting or denying a petition filed under this section 19
within five business days after receipt of the petition. This section applies onl y to patients who 20
are 18 years of age or older." 21
SECTION 2. This act becomes effective October 1, 2025. 22