North Carolina 2025-2026 Regular Session

North Carolina House Bill H606 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 606
3+H D
4+HOUSE BILL DRH40335-MC-180
5+
56
67
78 Short Title: Civil Procedure Amendment. (Public)
8-Sponsors: Representatives Almond, Arp, Riddell, and Blust (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Judiciary 2, if favorable, State and Local Government, if favorable, Rules,
11-Calendar, and Operations of the House
12-April 1, 2025
13-*H606 -v-1*
9+Sponsors: Representative Almond.
10+Referred to:
11+
12+*DRH40335 -MC-180*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT AMENDING THE CIVIL PROCEDURE STATUTE RELATING TO ACCRUAL OF 2
1615 ACTION. 3
1716 The General Assembly of North Carolina enacts: 4
1817 SECTION 1. G.S. 1-15 reads as rewritten: 5
1918 "ยง 1-15. Statute runs from accrual of action. 6
2019 (a) Civil actions can only be commenced within the periods prescribed in this Chapter, 7
2120 after the cause of action has accrued, except where in special cases a different limitation is 8
2221 prescribed by statute. 9
2322 (b) Repealed by Session Laws 1979, c. 654, s. 3. 10
2423 (c) Except as provided by subsection (d) of this section or where otherwise provided by 11
2524 statute, a cause of action for malpractice arising out of the performance of or failure to perform 12
2625 professional services shall be deemed to accrue at the time of the occurrence of the last act of the 13
2726 defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the 14
2827 person, economic or monetary loss, or a defect in or damage to property which originates under 15
2928 circumstances making the injury, loss, defect or damage not readily apparent to the claimant at 16
3029 the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably 17
3130 be discovered by the claimant two or more years after the occurrence of the last act of the 18
3231 defendant giving rise to the cause of action, suit must be commenced within one year from the 19
3332 date discovery is made: Provided nothing herein shall be construed to reduce the statute of 20
3433 limitation in any such case below three years. Provided further, that in no event shall an action 21
3534 be commenced more than four years from the last act of the defendant giving rise to the cause of 22
3635 action: Provided further, that where damages are sought by reason of a foreign object, which has 23
3736 no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking 24
3837 damages for malpractice may commence an action therefor within one year after discovery 25
3938 thereof as hereinabove provided, but in no event may the action be commenced more than 10 26
4039 years from the last act of the defendant giving rise to the cause of action. 27
4140 (d) Notwithstanding subsection (c) of this section, a cause of action arising out of the 28
4241 performance of or failure to perform services while in the course of facilitating or perpetuating 29
4342 gender transition shall be commenced either within 25 years from the day the claimant reaches 30
4443 18 years of age or four years from discovery of both the injury and the causal relationship between 31
4544 the treatment and the injury, whichever is later. "Gender transition" is defined in 32
46-G.S. 90-21.150(5) for the purposes of this subsection. 33 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 606-First Edition
48-(e) A medical professional or entity may not seek a contractual waiver of the liability 1
49-arising in subsection (d) of this section. Any attempted waiver is contrary to the public policy of 2
50-this State and is null and void. 3
51-(f) G.S. 90-21.19 does not apply to damages under subsection (d) of this section." 4
52-SECTION 2. This act is effective when it becomes law and applies to causes of 5
53-action accruing on or after that date. 6
45+G.S. 90-21.150(5) for the purposes of this subsection. 33
46+(e) A medical professional or entity may not seek a contractual waiver of the liability 34
47+arising in subsection (d) of this section. Any attempted waiver is contrary to the public policy of 35
48+this State and is null and void. 36
49+H.B. 606
50+Mar 31, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH40335-MC-180
53+(f) G.S. 90-21.19 does not apply to damages under subsection (d) of this section." 1
54+SECTION 2. This act is effective when it becomes law and applies to causes of 2
55+action accruing on or after that date. 3