13 | 13 | | A BILL TO BE ENTITLED 1 |
---|
14 | 14 | | AN ACT TO ESTABLISH THE DETRANSITIONER BILL OF RIGHTS. 2 |
---|
15 | 15 | | The General Assembly of North Carolina enacts: 3 |
---|
16 | 16 | | SECTION 1. Article 1N of Chapter 90 of the General Statutes reads as rewritten: 4 |
---|
17 | 17 | | "Article 1N. 5 |
---|
18 | 18 | | "Gender Transition Procedures on Minors.Minors and Detransitioner Bill of Rights. 6 |
---|
19 | 19 | | "§ 90-21.150. Definitions. 7 |
---|
20 | 20 | | The following definitions apply in this Article: 8 |
---|
21 | 21 | | … 9 |
---|
22 | 22 | | (2a) Department. – The Department of Health and Human Services. 10 |
---|
23 | 23 | | (2b) Detransitioner. – An individual who (i) began or completed a gender transition 11 |
---|
24 | 24 | | procedure but later sought treatment to reverse the effects of the surgical 12 |
---|
25 | 25 | | gender transition procedure or regimen of cross-sex hormones or 13 |
---|
26 | 26 | | puberty-blocking drugs due to the resolution of any inconsistency between the 14 |
---|
27 | 27 | | individual's sex and individual's perceived sex or perceived gender or (ii) has 15 |
---|
28 | 28 | | ceased the surgical gender transition procedure or regimen of cross-sex 16 |
---|
29 | 29 | | hormones or puberty-blocking drugs due to the resolution of any 17 |
---|
30 | 30 | | inconsistency between the individual's sex and the individual's perceived sex 18 |
---|
31 | 31 | | or perceived gender. 19 |
---|
32 | 32 | | (2c) Detransition procedure. – Any treatment, including mental health treatment, 20 |
---|
33 | 33 | | medical interventions, and surgeries that (i) stop or reverse the effects of a 21 |
---|
34 | 34 | | prior surgical gender transition procedure or regimen of cross-sex hormones 22 |
---|
35 | 35 | | or puberty-blocking drugs due to the resolution of any inconsistency between 23 |
---|
36 | 36 | | the individual's sex and the individual's perceived sex or perceived gender or 24 |
---|
37 | 37 | | (ii) help an individual cope with the effects of a prior surgical gender transition 25 |
---|
38 | 38 | | procedure or regimen of cross-sex hormones or puberty-blocking drugs after 26 |
---|
39 | 39 | | the resolution of any inconsistency between the individual's sex and the 27 |
---|
40 | 40 | | individual's perceived sex or perceived gender. 28 |
---|
41 | 41 | | (2d) Female. – An individual who has, had, will have, or would have but for a 29 |
---|
42 | 42 | | developmental or genetic anomaly or historical accident, the reproductive 30 |
---|
43 | 43 | | system that at some point produces, transports, and utilizes eggs for 31 |
---|
44 | 44 | | fertilization. 32 |
---|
45 | 45 | | (3) Gender. – The psychological, behavioral, social, and cultural aspects of being 33 |
---|
46 | | - | male or female. 34 General Assembly Of North Carolina Session 2025 |
---|
47 | | - | Page 2 House Bill 1000-First Edition |
---|
48 | | - | (3a) Gender clinic. – A health care entity that provides or prescribes gender 1 |
---|
49 | | - | transition procedures or refers individuals for surgical gender transition 2 |
---|
50 | | - | procedures or the dispensing of puberty-blocking drugs or cross-sex 3 |
---|
51 | | - | hormones. 4 |
---|
52 | | - | … 5 |
---|
53 | | - | (6a) Male. – An individual who has, had, will have, or would have but for a 6 |
---|
54 | | - | developmental or genetic anomaly or historical accident, the reproductive 7 |
---|
55 | | - | system that at some point produces, transports, and utilizes sperm for 8 |
---|
56 | | - | fertilization. 9 |
---|
57 | | - | … 10 |
---|
58 | | - | "§ 90-21.151. Limitations on detransition procedures and gender transition procedures. 11 |
---|
59 | | - | It shall be unlawful for a medical professional to perform a detransition procedure, surgical 12 |
---|
60 | | - | gender transition procedure on a minor or to prescribe, provide, or dispense puberty-blocking 13 |
---|
61 | | - | drugs or cross-sex hormones to a minor. 14 |
---|
62 | | - | "§ 90-21.152. When certain procedures are permitted. 15 |
---|
63 | | - | (a) Notwithstanding G.S. 90-21.151, and provided the minor's parents or guardians give 16 |
---|
64 | | - | informed consent, a medical professional shall not be prohibited from providing any of the 17 |
---|
65 | | - | following procedures to a minor: 18 |
---|
| 46 | + | male or female. 34 |
---|
| 47 | + | (3a) Gender clinic. – A health care entity that provides or prescribes gender 35 |
---|
| 48 | + | transition procedures or refers individuals for surgical gender transition 36 |
---|
| 49 | + | H.B. 1000 |
---|
| 50 | + | Apr 10, 2025 |
---|
| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
---|
| 52 | + | Page 2 DRH40506-NB-123 |
---|
| 53 | + | procedures or the dispensing of puberty-blocking drugs or cross-sex 1 |
---|
| 54 | + | hormones. 2 |
---|
| 55 | + | … 3 |
---|
| 56 | + | (6a) Male. – An individual who has, had, will have, or would have but for a 4 |
---|
| 57 | + | developmental or genetic anomaly or historical accident, the reproductive 5 |
---|
| 58 | + | system that at some point produces, transports, and utilizes sperm for 6 |
---|
| 59 | + | fertilization. 7 |
---|
| 60 | + | … 8 |
---|
| 61 | + | "§ 90-21.151. Limitations on detransition procedures and gender transition procedures. 9 |
---|
| 62 | + | It shall be unlawful for a medical professional to perform a detransition procedure, surgical 10 |
---|
| 63 | + | gender transition procedure on a minor or to prescribe, provide, or dispense puberty-blocking 11 |
---|
| 64 | + | drugs or cross-sex hormones to a minor. 12 |
---|
| 65 | + | "§ 90-21.152. When certain procedures are permitted. 13 |
---|
| 66 | + | (a) Notwithstanding G.S. 90-21.151, and provided the minor's parents or guardians give 14 |
---|
| 67 | + | informed consent, a medical professional shall not be prohibited from providing any of the 15 |
---|
| 68 | + | following procedures to a minor: 16 |
---|
| 69 | + | … 17 |
---|
| 70 | + | (7) A detransition procedure. 18 |
---|
67 | | - | (7) A detransition procedure. 20 |
---|
68 | | - | … 21 |
---|
69 | | - | "§ 90-21.153. Penalties. 22 |
---|
70 | | - | (a) A violation of any of the provisions of this Article by a medical professional shall be 23 |
---|
71 | | - | considered unprofessional conduct and shall result in the revocation of the medical professional's 24 |
---|
72 | | - | license to practice.practice for a minimum of one year. 25 |
---|
73 | | - | (b) An entity that employs or contracts with a medical professional who violates any of 26 |
---|
74 | | - | the provisions of this Article shall be liable for a civil penalty not to exceed two hundred fifty 27 |
---|
75 | | - | thousand dollars ($250,000). 28 |
---|
76 | | - | "§ 90-21.154. Civil remedies. 29 |
---|
77 | | - | (a) Any (i) medical professional who performs a surgical gender transition procedure on 30 |
---|
78 | | - | a minor or who prescribes, provides, or dispenses puberty-blocking drugs or cross-sex hormones 31 |
---|
79 | | - | to a minor and (ii) entity that employs or contracts with a medical professional who performs a 32 |
---|
80 | | - | surgical gender transition procedure on a minor or who prescribes, provides, or dispenses 33 |
---|
81 | | - | puberty-blocking drugs or cross-sex hormones to a minor shall be strictly liable to the minor for 34 |
---|
82 | | - | any physical, psychological, emotional, or physiological harms the minor suffers as a result of 35 |
---|
83 | | - | the surgical gender transition procedure, puberty-blocking drugs, or cross-sex hormones. 36 |
---|
84 | | - | (a1) Any individual who undergoes a detransition procedure may bring a civil action either 37 |
---|
85 | | - | within 10 years from the day the person reaches 18 years of age or within four years from the 38 |
---|
86 | | - | time the cost of a detransition procedure is incurred, whichever date is later, against a medical 39 |
---|
87 | | - | professional in a court of competent jurisdiction. 40 |
---|
88 | | - | (b) A minor who suffers an injury described in subsection (a) subsections (a) and (a1) of 41 |
---|
89 | | - | this section, or a parent or guardian of a minor who suffers an injury described in subsection (a) 42 |
---|
90 | | - | subsections (a) and (a1) of this section, may bring a civil action within the latter of 25 10 years 43 |
---|
91 | | - | from the day the minor reaches 18 years of age or four years from the time of discovery by the 44 |
---|
92 | | - | injured party of both the injury and the causal relationship between the treatment and the injury 45 |
---|
93 | | - | against the offending medical professional or entity. If the minor who suffered any injury 46 |
---|
94 | | - | described in subsection (a) subsections (a) and (a1) of this section is under a legal disability upon 47 |
---|
95 | | - | attaining 18 years of age, the time limitation in this subsection does not begin to run until that 48 |
---|
96 | | - | legal disability is removed. An individual commencing an action under this section may seek the 49 |
---|
97 | | - | following relief: 50 |
---|
98 | | - | (1) Declaratory or injunctive relief. 51 General Assembly Of North Carolina Session 2025 |
---|
99 | | - | House Bill 1000-First Edition Page 3 |
---|
| 72 | + | "§ 90-21.153. Penalties. 20 |
---|
| 73 | + | (a) A violation of any of the provisions of this Article by a medical professional shall be 21 |
---|
| 74 | + | considered unprofessional conduct and shall result in the revocation of the medical professional's 22 |
---|
| 75 | + | license to practice.practice for a minimum of one year. 23 |
---|
| 76 | + | (b) An entity that employs or contracts with a medical professional who violates any of 24 |
---|
| 77 | + | the provisions of this Article shall be liable for a civil penalty not to exceed two hundred fifty 25 |
---|
| 78 | + | thousand dollars ($250,000). 26 |
---|
| 79 | + | "§ 90-21.154. Civil remedies. 27 |
---|
| 80 | + | (a) Any (i) medical professional who performs a surgical gender transition procedure on 28 |
---|
| 81 | + | a minor or who prescribes, provides, or dispenses puberty-blocking drugs or cross-sex hormones 29 |
---|
| 82 | + | to a minor and (ii) entity that employs or contracts with a medical professional who performs a 30 |
---|
| 83 | + | surgical gender transition procedure on a minor or who prescribes, provides, or dispenses 31 |
---|
| 84 | + | puberty-blocking drugs or cross-sex hormones to a minor shall be strictly liable to the minor for 32 |
---|
| 85 | + | any physical, psychological, emotional, or physiological harms the minor suffers as a result of 33 |
---|
| 86 | + | the surgical gender transition procedure, puberty-blocking drugs, or cross-sex hormones. 34 |
---|
| 87 | + | (a1) Any individual who undergoes a detransition procedure may bring a civil action either 35 |
---|
| 88 | + | within 10 years from the day the person reaches 18 years of age or within four years from the 36 |
---|
| 89 | + | time the cost of a detransition procedure is incurred, whichever date is later, against a medical 37 |
---|
| 90 | + | professional in a court of competent jurisdiction. 38 |
---|
| 91 | + | (b) A minor who suffers an injury described in subsection (a) subsections (a) and (a1) of 39 |
---|
| 92 | + | this section, or a parent or guardian of a minor who suffers an injury described in subsection (a) 40 |
---|
| 93 | + | subsections (a) and (a1) of this section, may bring a civil action within the latter of 25 10 years 41 |
---|
| 94 | + | from the day the minor reaches 18 years of age or four years from the time of discovery by the 42 |
---|
| 95 | + | injured party of both the injury and the causal relationship between the treatment and the injury 43 |
---|
| 96 | + | against the offending medical professional or entity. If the minor who suffered any injury 44 |
---|
| 97 | + | described in subsection (a) subsections (a) and (a1) of this section is under a legal disability upon 45 |
---|
| 98 | + | attaining 18 years of age, the time limitation in this subsection does not begin to run until that 46 |
---|
| 99 | + | legal disability is removed. An individual commencing an action under this section may seek the 47 |
---|
| 100 | + | following relief: 48 |
---|
| 101 | + | (1) Declaratory or injunctive relief. 49 General Assembly Of North Carolina Session 2025 |
---|
| 102 | + | DRH40506-NB-123 Page 3 |
---|
100 | 103 | | (2) Compensatory damages, including pain and suffering, loss of reputation, loss 1 |
---|
101 | 104 | | of income, and loss of consortium, which includes the loss of expectation of 2 |
---|
102 | 105 | | sharing parenthood. 3 |
---|
103 | 106 | | (3) Punitive damages. 4 |
---|
104 | 107 | | (4) Attorneys' fees and court costs. 5 |
---|
105 | 108 | | (5) Any other appropriate relief. 6 |
---|
106 | 109 | | (6) Costs associated with a subsequent detransition procedure. 7 |
---|
107 | 110 | | (c) Minors bringing an action under this section may do so through a parent or guardian 8 |
---|
108 | 111 | | prior to attaining majority and may do so in their own name after attaining majority. 9 |
---|
109 | 112 | | Notwithstanding G.S. 143-299, any action brought under this section may be commenced within 10 |
---|
110 | 113 | | the time frames described in subsection (b) of this section. 11 |
---|
111 | 114 | | (d) G.S. 90-21.19(a) shall not apply to damages awarded in an action brought under this 12 |
---|
112 | 115 | | section. 13 |
---|
113 | 116 | | (e) Medical professionals and entities employing or contracting with medical 14 |
---|
114 | 117 | | professionals may not seek a contractual waiver of the liability imposed under this section. Any 15 |
---|
115 | 118 | | attempted waiver is null and void. 16 |
---|
116 | 119 | | "§ 90-21.155. Right to public transparency. 17 |
---|
117 | 120 | | (a) Any gender clinic operating in the State must provide a report of statistics regarding 18 |
---|
118 | 121 | | all surgical gender transition procedures and prescribed regimens of cross-sex hormones or 19 |
---|
119 | 122 | | puberty-blocking drugs to patients to the Department. 20 |
---|
120 | 123 | | (b) The Department shall develop a form for this purpose and determine the statistics to 21 |
---|
121 | 124 | | be reported, which must include the following: 22 |
---|
122 | 125 | | (1) The date on which the surgical gender transition procedure or prescribed 23 |
---|
123 | 126 | | regimen of cross-sex hormones or puberty-blocking drugs was prescribed or 24 |
---|
124 | 127 | | the referral was made for either. 25 |
---|
125 | 128 | | (2) The age and sex of the person to whom the surgical gender transition 26 |
---|
126 | 129 | | procedure or prescribed regimen of cross-sex hormones or puberty-blocking 27 |
---|
127 | 130 | | drugs was prescribed or for whom the referral was made for either. 28 |
---|
128 | 131 | | (3) For any cross-sex hormone or puberty-blocking drug prescribed as part of a 29 |
---|
129 | 132 | | gender transition, (i) the name of the drug or hormone, (ii) the dosage, (iii) the 30 |
---|
130 | 133 | | dosage frequency and duration, and (iv) the method by which the drug will be 31 |
---|
131 | 134 | | administered. 32 |
---|
132 | 135 | | (4) For any surgical gender transition procedure, the type of surgical procedure, 33 |
---|
133 | 136 | | identified by current procedural terminology code. 34 |
---|
134 | 137 | | (5) The state and county of residence of the person receiving the surgical gender 35 |
---|
135 | 138 | | transition procedure or regimen of cross-sex hormones or puberty-blocking 36 |
---|
136 | 139 | | drugs. 37 |
---|
137 | 140 | | (6) The name, contact information, and medical specialty of the medical 38 |
---|
138 | 141 | | professional who prescribed the (i) surgical gender transition procedure or (ii) 39 |
---|
139 | 142 | | regimen of cross-sex hormones or puberty-blocking drugs or made the referral 40 |
---|
140 | 143 | | for either. 41 |
---|
141 | 144 | | (7) If applicable, a description of any other neurological, behavioral, or mental 42 |
---|
142 | 145 | | health conditions that the person has been diagnosed with or exhibits 43 |
---|
143 | 146 | | symptoms of, including autism spectrum disorder, depressions, anxiety, or 44 |
---|
144 | 147 | | bipolar disorder. 45 |
---|
145 | 148 | | (c) A form shall be completed by each gender clinic that prescribes or performs a surgical 46 |
---|
146 | 149 | | gender transition procedure or regimen of cross-sex hormones or puberty-blocking drugs that is 47 |
---|
147 | 150 | | signed by the medical professional who prescribes the surgical gender transition procedure or 48 |
---|
148 | 151 | | regimen of cross-sex hormones or puberty-blocking drugs or makes a referral for either. 49 |
---|
149 | 152 | | (d) Each form shall be transmitted by the gender clinic to the Department within 15 days 50 |
---|
150 | 153 | | after the end of the calendar month during which the surgical gender transition procedure or 51 General Assembly Of North Carolina Session 2025 |
---|
152 | 155 | | regimen of cross-sex hormones or puberty-blocking drugs was prescribed or the referral was 1 |
---|
153 | 156 | | made for either. 2 |
---|
154 | 157 | | "§ 90-21.156. Local limitations. 3 |
---|
155 | 158 | | (a) No city or county may prohibit the provision of mental health services or therapy to 4 |
---|
156 | 159 | | help a minor address an inconsistency between the minor's biological sex and the minor's 5 |
---|
157 | 160 | | perceived gender or perceived biological sex. 6 |
---|
158 | 161 | | (b) No city or county may prohibit a parent or legal guardian from consenting to, or 7 |
---|
159 | 162 | | withholding consent from, the provision of mental health services or therapy to help a minor 8 |
---|
160 | 163 | | address an inconsistency between the minor's biological sex and the minor's perceived gender or 9 |
---|
161 | 164 | | perceived biological sex. 10 |
---|
162 | 165 | | "§ 90-21.157. Enforcement. 11 |
---|
163 | 166 | | The Attorney General may investigate any complaints received alleging violation of this 12 |
---|
164 | 167 | | Article. If the Attorney General finds that there has been a violation of this Article, the Attorney 13 |
---|
165 | 168 | | General may bring an action to impose civil penalties and to seek any other appropriate relief 14 |
---|
166 | 169 | | under this Article. Any clear proceeds of civil penalties imposed in actions instituted by the 15 |
---|
167 | 170 | | Attorney General shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with 16 |
---|
168 | 171 | | G.S. 115C-457.2. 17 |
---|
169 | 172 | | "§ 90-21.158. Reporting. 18 |
---|
170 | 173 | | On November 1 of each year, the Department shall submit an annual report to the Joint 19 |
---|
171 | 174 | | Legislative Oversight Committee on Health and Human Services that compiles the data required 20 |
---|
172 | 175 | | to be collected under this Article into a comprehensive statistical report. Any information in this 21 |
---|
173 | 176 | | report shall not disclose the identity of any person or entity that is the subject of any report. The 22 |
---|
174 | 177 | | Department shall also publish the report on a publicly available website." 23 |
---|
175 | 178 | | SECTION 2.(a) Article 3 of Chapter 58 of the General Statutes is amended by adding 24 |
---|
176 | 179 | | a new section to read: 25 |
---|
177 | 180 | | "§ 58-3-257. Detransition procedure coverage. 26 |
---|
178 | 181 | | (a) The following definitions apply in this section: 27 |
---|
179 | 182 | | (1) Detransition procedure. – As defined in G.S. 90-21.150. 28 |
---|
180 | 183 | | (2) Female. – An individual who has, had, will have, or would have but for a 29 |
---|
181 | 184 | | developmental or genetic anomaly or historical accident, the reproductive 30 |
---|
182 | 185 | | system that at some point produces, transports, and utilizes eggs for 31 |
---|
183 | 186 | | fertilization. 32 |
---|
184 | 187 | | (3) Gender. – The psychological, behavioral, social, and cultural aspects of being 33 |
---|
185 | 188 | | male or female. 34 |
---|
186 | 189 | | (4) Gender transition procedure. – Any pharmaceutical or surgical intervention to 35 |
---|
187 | 190 | | alter an individual's body as a treatment to address an inconsistency between 36 |
---|
188 | 191 | | the individual's sex and the individual's perceived gender or perceived sex. 37 |
---|
189 | 192 | | (5) Male. – An individual who has, had, will have, or would have but for a 38 |
---|
190 | 193 | | developmental or genetic anomaly or historical accident, the reproductive 39 |
---|
191 | 194 | | system that at some point produces, transports, and utilizes sperm for 40 |
---|
192 | 195 | | fertilization. 41 |
---|
193 | 196 | | (6) Minor. – An individual who is younger than 18 years of age. 42 |
---|
194 | 197 | | (7) Perceived sex. – An individual's internal sense of his or her sex. 43 |
---|
195 | 198 | | (8) Perceived gender. – An individual's internal sense of his or her gender. 44 |
---|
196 | 199 | | (9) Sex. – The biological indication of male and female in the context of 45 |
---|
197 | 200 | | reproductive potential or capacity, including sex chromosomes, naturally 46 |
---|
198 | 201 | | occurring sex hormones, gonads, and nonambiguous internal and external 47 |
---|
199 | 202 | | genitalia present at birth, including secondary sex characteristics, without 48 |
---|
200 | 203 | | regard to an individual's psychological, chosen, or subjective experience of 49 |
---|
201 | 204 | | gender. 50 General Assembly Of North Carolina Session 2025 |
---|
203 | 206 | | (b) All health benefit plans that provide coverage for one or more gender transition 1 |
---|
204 | 207 | | procedures for insureds who are minors, including coverage for any applicable related diagnostic, 2 |
---|
205 | 208 | | billing, or CPT code, shall also provide coverage for all of the following: 3 |
---|
206 | 209 | | (1) All possible adverse consequences related to the gender transition procedure, 4 |
---|
207 | 210 | | including both short-term and long-term side effects of the procedure. 5 |
---|
208 | 211 | | (2) Testing and screening necessary to monitor the mental health and physical 6 |
---|
209 | 212 | | health of any insured on no less than an annual basis and without regard to the 7 |
---|
210 | 213 | | sex designation on the insured's medical record. 8 |
---|
211 | 214 | | (3) Any procedure or treatment, including therapy, necessary to manage, reverse, 9 |
---|
212 | 215 | | or recover from the insured's previous gender transition procedure. 10 |
---|
213 | 216 | | (c) Coverage required under this section shall be provided to all insureds that underwent 11 |
---|
214 | 217 | | a gender transition procedure as a minor regardless of whether that gender transition procedure 12 |
---|
215 | 218 | | occurred when the individual was not insured under the current health benefit plan. 13 |
---|
216 | 219 | | (d) On at least an annual basis, an insurer offering one or more health benefit plans that 14 |
---|
217 | 220 | | provide coverage for gender transition or detransition procedures shall provide the following 15 |
---|
218 | 221 | | information, if known, to the Commissioner and the Secretary of the Department of Health and 16 |
---|
219 | 222 | | Human Services in a manner determined by the Commissioner or the Secretary and that contains 17 |
---|
220 | 223 | | no protected health information nor personally identifiable information: 18 |
---|
221 | 224 | | (1) The number of claims made for a gender transition or detransition procedure. 19 |
---|
222 | 225 | | (2) The age and sex of the individuals for whom a gender transition or detransition 20 |
---|
223 | 226 | | procedure claim is submitted. 21 |
---|
224 | 227 | | (3) The date that the individual for whom a detransition procedure claim is 22 |
---|
225 | 228 | | submitted initially began a prior gender transition procedure. 23 |
---|
226 | 229 | | (4) The county of residence of the person for whom the gender transition or 24 |
---|
227 | 230 | | detransition procedure claim is submitted. 25 |
---|
228 | 231 | | (e) Nothing in this section shall be construed to require an insurer to provide any coverage 26 |
---|
229 | 232 | | for gender transition procedures." 27 |
---|
230 | 233 | | SECTION 2.(b) This section becomes effective October 1, 2025, and applies to 28 |
---|
231 | 234 | | insurance contracts issued, renewed, or amended on or after that date. 29 |
---|
232 | 235 | | SECTION 3.(a) G.S. 130A-118 reads as rewritten: 30 |
---|
233 | 236 | | "§ 130A-118. Amendment of birth and death certificates. 31 |
---|
234 | 237 | | … 32 |
---|
235 | 238 | | (b) A new certificate of birth shall be made by the State Registrar when:if any of the 33 |
---|
236 | 239 | | following conditions are met: 34 |
---|
237 | 240 | | (1) Proof is submitted to the State Registrar that the previously unwed parents of 35 |
---|
238 | 241 | | a person have intermarried subsequent to the birth of the person;person. 36 |
---|
239 | 242 | | (2) Notification is received by the State Registrar from the clerk of a court of 37 |
---|
240 | 243 | | competent jurisdiction of a judgment, order or decree disclosing different or 38 |
---|
241 | 244 | | additional information relating to the parentage of a person;person. 39 |
---|
242 | 245 | | (3) Satisfactory proof is submitted to the State Registrar that there has been 40 |
---|
243 | 246 | | entered in a court of competent jurisdiction a judgment, order or decree 41 |
---|
244 | 247 | | disclosing different or additional information relating to the parentage of a 42 |
---|
245 | 248 | | person; orperson. 43 |
---|
246 | 249 | | … 44 |
---|
247 | 250 | | (5) A written request from an individual is received by the State Registrar to 45 |
---|
248 | 251 | | change the sex on that individual's birth record because the person is a 46 |
---|
249 | 252 | | destransitioner, if the request is accompanied by a notarized statement from a 47 |
---|
250 | 253 | | physician licensed to practice medicine who can certify that the person has 48 |
---|
251 | 254 | | undergone a detransition procedure, as defined in Article 1N of Chapter 90 of 49 |
---|
252 | 255 | | the General Statutes." 50 |
---|
253 | 256 | | SECTION 3.(b) This section becomes effective October 1, 2025. 51 General Assembly Of North Carolina Session 2025 |
---|
255 | 258 | | SECTION 4.(a) Part 1 of Article 1A of Chapter 90 of the General Statutes is 1 |
---|
256 | 259 | | amended by adding a new section to read: 2 |
---|
257 | 260 | | "§ 90-21.5A. Limited access to records. 3 |
---|
258 | 261 | | (a) Notwithstanding any other provision of law to the contrary, no medical professional 4 |
---|
259 | 262 | | shall deny a parent or legal guardian access to the medical records or medical information of the 5 |
---|
260 | 263 | | parent's or legal guardian's minor, except in the following circumstances: 6 |
---|
261 | 264 | | (1) The medical records or medical information relate to harm resulting from 7 |
---|
262 | 265 | | abuse, neglect, or domestic violence. 8 |
---|
263 | 266 | | (2) The person denying access reasonably believes (i) the parent or legal guardian 9 |
---|
264 | 267 | | is responsible for the abuse, neglect, or other injury resulting from domestic 10 |
---|
265 | 268 | | violence or (ii) that informing the parent or legal guardian would not be in the 11 |
---|
266 | 269 | | best interest of the minor. 12 |
---|
267 | 270 | | (b) For the purposes of this section, the term "abuse, neglect, or domestic violence" does 13 |
---|
268 | 271 | | not include any of the following: 14 |
---|
269 | 272 | | (1) A parent's or legal guardian's refusal to permit the parent's or legal guardian's 15 |
---|
270 | 273 | | minor to seek a surgical gender transition procedure or regimen of cross-sex 16 |
---|
271 | 274 | | hormones or puberty-blocking drugs, as those terms are defined in Article 1N 17 |
---|
272 | 275 | | of this Chapter, in violation of that Article. 18 |
---|
273 | 276 | | (2) A parent's or legal guardian's refusal to address the parent's or legal guardian's 19 |
---|
274 | 277 | | minor using pronouns that are inconsistent with the minor's sex. 20 |
---|
275 | 278 | | (c) A parent or legal guardian who is denied access to medical records or medical 21 |
---|
276 | 279 | | information in violation of this section shall have a private cause of action for damages and 22 |
---|
277 | 280 | | equitable relief as the court may determine is justified. The court may also award reasonable 23 |
---|
278 | 281 | | attorneys' fees and court costs to a prevailing party. 24 |
---|
279 | 282 | | (d) The Attorney General may investigate a potential violation of this section, seek 25 |
---|
280 | 283 | | production of documentation or testimony through a civil investigative demand, and bring an 26 |
---|
281 | 284 | | action to enforce compliance with this section." 27 |
---|
282 | 285 | | SECTION 4.(b) This section is effective when it becomes law. 28 |
---|
283 | 286 | | SECTION 5. If any provision of this act or its application is held invalid, the 29 |
---|
284 | 287 | | invalidity does not affect other provisions or applications of this act that can be given effect 30 |
---|
285 | 288 | | without the invalid provisions or application and, to this end, the provisions of this act are 31 |
---|
286 | 289 | | severable. 32 |
---|
287 | 290 | | SECTION 6. Except as otherwise provided, this act becomes effective October 1, 33 |
---|
288 | 291 | | 2025. 34 |
---|