North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H519 Amended / Bill

Filed 03/27/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 519 
 
 
Short Title: Parents' Medical Bill of Rights. 	(Public) 
Sponsors: Representatives Balkcom, Loftis, Biggs, and Potts (Primary Sponsors). 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of 
the House 
March 27, 2025 
*H519 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT REVISING THE LAWS REGARDING WHEN MINORS CAN GIVE EFFECTIVE 2 
CONSENT TO MEDICAL TREATMENT ON THEIR OW N AUTHORITY AND WHEN 3 
PARENTS ARE ALLOWED ACCESS TO MINORS' MEDICAL RECORDS. 4 
The General Assembly of North Carolina enacts: 5 
SECTION 1. G.S. 90-21.4 reads as rewritten: 6 
"§ 90-21.4.  Responsibility, liability and immunity of physicians. 7 
(a) Any physician licensed to practice medicine in North Carolina providing health 8 
services to a minor under the terms, conditions and circumstances of this Article shall not be held 9 
liable in any civil or criminal action for providing such services without having obtained 10 
permission from the minor's parent, legal guardian, person standing in loco parentis, or a legal 11 
custodian other than a parent when granted specific authority in a custody order to consent to 12 
medical or psychiatric treatment. The physician shall not be relieved on the basis of this Article 13 
from liability for negligence in the diagnosis and treatment of a minor. 14 
(b) The physician shall not notify a parent, legal guardian, person standing in loco 15 
parentis, or a legal custodian other than a parent when granted specific authority in a custody 16 
order to consent to medical or psychiatric treatment, without the permission of the minor, 17 
concerning the medical health services set out in G.S. 90-21.5(a), unless the situation in the 18 
opinion of the attending physician indicates that notification is essential to the life or health of 19 
the minor. If a parent, legal guardian[,] person standing in loco parentis, or a legal custodian other 20 
than a parent when granted specific authority in a custody order to consent to medical or 21 
psychiatric treatment contacts the physician concerning the treatment or medical services being 22 
provided to the minor, the physician may give information." 23 
SECTION 2. G.S. 90-21.5 reads as rewritten: 24 
"§ 90-21.5.  Minor's consent sufficient for certain medical health services. 25 
(a) Subject to subsection (a1) of this section, any Any minor may give effective consent 26 
to a physician licensed to practice medicine in North Carolina for medical health services for the 27 
prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under 28 
G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional 29 
disturbance. pregnancy. This section does not authorize the inducing of an abortion, performance 30 
of a sterilization operation, or admission to a 24-hour facility licensed under Article 2 of Chapter 31 
122C of the General Statutes except as provided in G.S. 122C-223. This section does not prohibit 32 
the admission of a minor to a treatment facility upon his own written application in an emergency 33 
situation as authorized by G.S. 122C-223. 34  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 519-First Edition 
(a1) Notwithstanding any other provision of law to the contrary, a health care provider 1 
shall obtain written consent from a parent or legal guardian prior to administering any vaccine 2 
that has been granted emergency use authorization and is not yet fully approved by the United 3 
States Food and Drug Administration to an individual under 18 years of age. 4 
(b) Any minor who is emancipated may consent to any medical treatment, dental 5 
services, and health services for himself that minor or for his that minor's child." 6 
SECTION 3. Article 1A of Chapter 90 of the General Statutes is amended by adding 7 
two new sections to read: 8 
"§ 90-21.5A.  Limited exception for examination without parental consent in cases of 9 
suspected abuse or neglect. 10 
(a) A health care practitioner may conduct or continue an examination of a minor without 11 
first obtaining written or documented consent from a parent if the health care practitioner has a 12 
reasonable belief that the examination will reveal information triggering an obligation to report 13 
under G.S. 7B-301. 14 
(b) A physician may conduct or continue an examination of a minor without first 15 
obtaining written or documented consent from a parent if the physician has a reasonable belief 16 
that the examination will reveal information triggering an obligation to report under 17 
G.S. 90-21.20(c1). 18 
"§ 90-21.5B.  Parental access to minors' medical records. 19 
(a) Parents have the right to access and review all medical records of their minor child, 20 
including medical records of care for which the minor may give effective consent under 21 
G.S. 90-21.5(a). 22 
(b) Notwithstanding subsection (a) of this section, parents do not have the right to access 23 
and review the medical records of their minor child if any of the following apply: 24 
(1) The medical records are of health care described in G.S. 90-21.5A. 25 
(2) The release of the medical records is prohibited by a valid court order. 26 
(3) The parent is the subject of an investigation for a crime committed against the 27 
minor child and a law enforcement agency or official has requested that the 28 
medical records not be released." 29 
SECTION 4. This act becomes effective October 1, 2025, and applies to acts 30 
occurring on or after that date. 31