8 | | - | Sponsors: Representatives Almond, Arp, Riddell, and Blust (Primary Sponsors). |
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9 | | - | For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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10 | | - | Referred to: Judiciary 2, if favorable, State and Local Government, if favorable, Rules, |
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11 | | - | Calendar, and Operations of the House |
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12 | | - | April 1, 2025 |
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13 | | - | *H606 -v-1* |
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| 9 | + | Sponsors: Representative Almond. |
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| 10 | + | Referred to: |
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| 11 | + | |
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| 12 | + | *DRH40335 -MC-180* |
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14 | 13 | | A BILL TO BE ENTITLED 1 |
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15 | 14 | | AN ACT AMENDING THE CIVIL PROCEDURE STATUTE RELATING TO ACCRUAL OF 2 |
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16 | 15 | | ACTION. 3 |
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17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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18 | 17 | | SECTION 1. G.S. 1-15 reads as rewritten: 5 |
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19 | 18 | | "ยง 1-15. Statute runs from accrual of action. 6 |
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20 | 19 | | (a) Civil actions can only be commenced within the periods prescribed in this Chapter, 7 |
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21 | 20 | | after the cause of action has accrued, except where in special cases a different limitation is 8 |
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22 | 21 | | prescribed by statute. 9 |
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23 | 22 | | (b) Repealed by Session Laws 1979, c. 654, s. 3. 10 |
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24 | 23 | | (c) Except as provided by subsection (d) of this section or where otherwise provided by 11 |
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25 | 24 | | statute, a cause of action for malpractice arising out of the performance of or failure to perform 12 |
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26 | 25 | | professional services shall be deemed to accrue at the time of the occurrence of the last act of the 13 |
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27 | 26 | | defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the 14 |
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28 | 27 | | person, economic or monetary loss, or a defect in or damage to property which originates under 15 |
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29 | 28 | | circumstances making the injury, loss, defect or damage not readily apparent to the claimant at 16 |
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30 | 29 | | the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably 17 |
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31 | 30 | | be discovered by the claimant two or more years after the occurrence of the last act of the 18 |
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32 | 31 | | defendant giving rise to the cause of action, suit must be commenced within one year from the 19 |
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33 | 32 | | date discovery is made: Provided nothing herein shall be construed to reduce the statute of 20 |
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34 | 33 | | limitation in any such case below three years. Provided further, that in no event shall an action 21 |
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35 | 34 | | be commenced more than four years from the last act of the defendant giving rise to the cause of 22 |
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36 | 35 | | action: Provided further, that where damages are sought by reason of a foreign object, which has 23 |
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37 | 36 | | no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking 24 |
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38 | 37 | | damages for malpractice may commence an action therefor within one year after discovery 25 |
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39 | 38 | | thereof as hereinabove provided, but in no event may the action be commenced more than 10 26 |
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40 | 39 | | years from the last act of the defendant giving rise to the cause of action. 27 |
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41 | 40 | | (d) Notwithstanding subsection (c) of this section, a cause of action arising out of the 28 |
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42 | 41 | | performance of or failure to perform services while in the course of facilitating or perpetuating 29 |
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43 | 42 | | gender transition shall be commenced either within 25 years from the day the claimant reaches 30 |
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44 | 43 | | 18 years of age or four years from discovery of both the injury and the causal relationship between 31 |
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45 | 44 | | the treatment and the injury, whichever is later. "Gender transition" is defined in 32 |
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46 | | - | G.S. 90-21.150(5) for the purposes of this subsection. 33 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 606-First Edition |
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48 | | - | (e) A medical professional or entity may not seek a contractual waiver of the liability 1 |
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49 | | - | arising in subsection (d) of this section. Any attempted waiver is contrary to the public policy of 2 |
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50 | | - | this State and is null and void. 3 |
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51 | | - | (f) G.S. 90-21.19 does not apply to damages under subsection (d) of this section." 4 |
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52 | | - | SECTION 2. This act is effective when it becomes law and applies to causes of 5 |
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53 | | - | action accruing on or after that date. 6 |
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| 45 | + | G.S. 90-21.150(5) for the purposes of this subsection. 33 |
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| 46 | + | (e) A medical professional or entity may not seek a contractual waiver of the liability 34 |
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| 47 | + | arising in subsection (d) of this section. Any attempted waiver is contrary to the public policy of 35 |
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| 48 | + | this State and is null and void. 36 |
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| 49 | + | H.B. 606 |
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| 50 | + | Mar 31, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH40335-MC-180 |
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| 53 | + | (f) G.S. 90-21.19 does not apply to damages under subsection (d) of this section." 1 |
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| 54 | + | SECTION 2. This act is effective when it becomes law and applies to causes of 2 |
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| 55 | + | action accruing on or after that date. 3 |
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