North Carolina 2025-2026 Regular Session

North Carolina House Bill H519 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 519
	3	+	H D
	4	+	HOUSE BILL DRH10102-MG-17
	5	+
5	6
6	7
7	8		Short Title: Parents' Medical Bill of Rights. (Public)
8		-	Sponsors: Representatives Balkcom, Loftis, Biggs, and Potts (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of
11		-	the House
12		-	March 27, 2025
13		-	H519 -v-1
	9	+	Sponsors: Representative Balkcom.
	10	+	Referred to:
	11	+
	12	+	DRH10102 -MG-17
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT REVISING THE LAWS REGARDING WHEN MINORS CAN GIVE EFFECTIVE 2
16	15		CONSENT TO MEDICAL TREATMENT ON THEIR OWN AUTHORITY AND WHEN 3
17	16		PARENTS ARE ALLOWED ACCESS TO MINORS' MEDICAL RECORDS. 4
18	17		The General Assembly of North Carolina enacts: 5
19	18		SECTION 1. G.S. 90-21.4 reads as rewritten: 6
20	19		"§ 90-21.4. Responsibility, liability and immunity of physicians. 7
21	20		(a) Any physician licensed to practice medicine in North Carolina providing health 8
22	21		services to a minor under the terms, conditions and circumstances of this Article shall not be held 9
23	22		liable in any civil or criminal action for providing such services without having obtained 10
24	23		permission from the minor's parent, legal guardian, person standing in loco parentis, or a legal 11
25	24		custodian other than a parent when granted specific authority in a custody order to consent to 12
26	25		medical or psychiatric treatment. The physician shall not be relieved on the basis of this Article 13
27	26		from liability for negligence in the diagnosis and treatment of a minor. 14
28	27		(b) The physician shall not notify a parent, legal guardian, person standing in loco 15
29	28		parentis, or a legal custodian other than a parent when granted specific authority in a custody 16
30	29		order to consent to medical or psychiatric treatment, without the permission of the minor, 17
31	30		concerning the medical health services set out in G.S. 90-21.5(a), unless the situation in the 18
32	31		opinion of the attending physician indicates that notification is essential to the life or health of 19
33	32		the minor. If a parent, legal guardian[,] person standing in loco parentis, or a legal custodian other 20
34	33		than a parent when granted specific authority in a custody order to consent to medical or 21
35	34		psychiatric treatment contacts the physician concerning the treatment or medical services being 22
36	35		provided to the minor, the physician may give information." 23
37	36		SECTION 2. G.S. 90-21.5 reads as rewritten: 24
38	37		"§ 90-21.5. Minor's consent sufficient for certain medical health services. 25
39	38		(a) Subject to subsection (a1) of this section, any Any minor may give effective consent 26
40	39		to a physician licensed to practice medicine in North Carolina for medical health services for the 27
41	40		prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under 28
42	41		G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional 29
43	42		disturbance. pregnancy. This section does not authorize the inducing of an abortion, performance 30
44	43		of a sterilization operation, or admission to a 24-hour facility licensed under Article 2 of Chapter 31
45	44		122C of the General Statutes except as provided in G.S. 122C-223. This section does not prohibit 32
46	45		the admission of a minor to a treatment facility upon his own written application in an emergency 33
47		-	situation as authorized by G.S. 122C-223. 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 519-First Edition
49		-	(a1) Notwithstanding any other provision of law to the contrary, a health care provider 1
50		-	shall obtain written consent from a parent or legal guardian prior to administering any vaccine 2
51		-	that has been granted emergency use authorization and is not yet fully approved by the United 3
52		-	States Food and Drug Administration to an individual under 18 years of age. 4
53		-	(b) Any minor who is emancipated may consent to any medical treatment, dental 5
54		-	services, and health services for himself that minor or for his that minor's child." 6
55		-	SECTION 3. Article 1A of Chapter 90 of the General Statutes is amended by adding 7
56		-	two new sections to read: 8
57		-	"§ 90-21.5A. Limited exception for examination without parental consent in cases of 9
58		-	suspected abuse or neglect. 10
59		-	(a) A health care practitioner may conduct or continue an examination of a minor without 11
60		-	first obtaining written or documented consent from a parent if the health care practitioner has a 12
61		-	reasonable belief that the examination will reveal information triggering an obligation to report 13
62		-	under G.S. 7B-301. 14
63		-	(b) A physician may conduct or continue an examination of a minor without first 15
64		-	obtaining written or documented consent from a parent if the physician has a reasonable belief 16
65		-	that the examination will reveal information triggering an obligation to report under 17
66		-	G.S. 90-21.20(c1). 18
67		-	"§ 90-21.5B. Parental access to minors' medical records. 19
68		-	(a) Parents have the right to access and review all medical records of their minor child, 20
69		-	including medical records of care for which the minor may give effective consent under 21
70		-	G.S. 90-21.5(a). 22
71		-	(b) Notwithstanding subsection (a) of this section, parents do not have the right to access 23
72		-	and review the medical records of their minor child if any of the following apply: 24
73		-	(1) The medical records are of health care described in G.S. 90-21.5A. 25
74		-	(2) The release of the medical records is prohibited by a valid court order. 26
75		-	(3) The parent is the subject of an investigation for a crime committed against the 27
76		-	minor child and a law enforcement agency or official has requested that the 28
77		-	medical records not be released." 29
78		-	SECTION 4. This act becomes effective October 1, 2025, and applies to acts 30
79		-	occurring on or after that date. 31
	46	+	situation as authorized by G.S. 122C-223. 34
	47	+	(a1) Notwithstanding any other provision of law to the contrary, a health care provider 35
	48	+	shall obtain written consent from a parent or legal guardian prior to administering any vaccine 36
	49	+	H.B. 519
	50	+	Mar 25, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH10102-MG-17
	53	+	that has been granted emergency use authorization and is not yet fully approved by the United 1
	54	+	States Food and Drug Administration to an individual under 18 years of age. 2
	55	+	(b) Any minor who is emancipated may consent to any medical treatment, dental 3
	56	+	services, and health services for himself that minor or for his that minor's child." 4
	57	+	SECTION 3. Article 1A of Chapter 90 of the General Statutes is amended by adding 5
	58	+	two new sections to read: 6
	59	+	"§ 90-21.5A. Limited exception for examination without parental consent in cases of 7
	60	+	suspected abuse or neglect. 8
	61	+	(a) A health care practitioner may conduct or continue an examination of a minor without 9
	62	+	first obtaining written or documented consent from a parent if the health care practitioner has a 10
	63	+	reasonable belief that the examination will reveal information triggering an obligation to report 11
	64	+	under G.S. 7B-301. 12
	65	+	(b) A physician may conduct or continue an examination of a minor without first 13
	66	+	obtaining written or documented consent from a parent if the physician has a reasonable belief 14
	67	+	that the examination will reveal information triggering an obligation to report under 15
	68	+	G.S. 90-21.20(c1). 16
	69	+	"§ 90-21.5B. Parental access to minors' medical records. 17
	70	+	(a) Parents have the right to access and review all medical records of their minor child, 18
	71	+	including medical records of care for which the minor may give effective consent under 19
	72	+	G.S. 90-21.5(a). 20
	73	+	(b) Notwithstanding subsection (a) of this section, parents do not have the right to access 21
	74	+	and review the medical records of their minor child if any of the following apply: 22
	75	+	(1) The medical records are of health care described in G.S. 90-21.5A. 23
	76	+	(2) The release of the medical records is prohibited by a valid court order. 24
	77	+	(3) The parent is the subject of an investigation for a crime committed against the 25
	78	+	minor child and a law enforcement agency or official has requested that the 26
	79	+	medical records not be released." 27
	80	+	SECTION 4. This act becomes effective October 1, 2025, and applies to acts 28
	81	+	occurring on or after that date. 29