North Carolina 2025-2026 Regular Session

North Carolina House Bill H606 Latest Draft

Bill / Amended Version Filed 04/01/2025

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(b) Repealed by Session Laws 1979, c. 654, s. 3. 10 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