North Carolina SB 759: Minors Health Protection Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 759

Short Title: Minors Health Protection Act. (Public)
Sponsors: Senators Moffitt and Jones (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S759-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 OWN 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
(a1) Notwithstanding any other provision of law to the contrary, a health care provider 35
shall obtain written consent from a parent or legal guardian prior to administering any vaccine 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 759-First Edition
that has been granted emergency use authorization and is not yet fully approved by the United 1
States Food and Drug Administration to an individual under 18 years of age. 2
(b) Any minor who is emancipated may consent to any medical treatment, dental 3
services, and health services for himself that minor or for his that minor's child." 4
SECTION 3. Article 1A of Chapter 90 of the General Statutes is amended by adding 5
two new sections to read: 6
"§ 90-21.5A. Limited exception for examination without parental consent in cases of 7
suspected abuse or neglect. 8
(a) A health care practitioner may conduct or continue an examination of a minor without 9
first obtaining written or documented consent from a parent if the health care practitioner has a 10
reasonable belief that the examination will reveal information triggering an obligation to report 11
under G.S. 7B-301. 12
(b) A physician may conduct or continue an examination of a minor without first 13
obtaining written or documented consent from a parent if the physician has a reasonable belief 14
that the examination will reveal information triggering an obligation to report under 15
G.S. 90-21.20(c1). 16
"§ 90-21.5B. Parental access to minors' medical records. 17
(a) Parents have the right to access and review all medical records of their minor child, 18
including medical records of care for which the minor may give effective consent under 19
G.S. 90-21.5(a). 20
(b) Notwithstanding subsection (a) of this section, parents do not have the right to access 21
and review the medical records of their minor child if any of the following apply: 22
(1) Th