Enacts GS 131E-90.5, limited in scope to patients 18 or older who lack capacity to make or communicate health care decisions and who do not have an individual willing to make health care decisions or consent to discharge on behalf of the patient. Authorizes the hospital providing treatment or service to the patient to petition the superior court in the county in which the hospital is located, with or without the assistance of legal counsel, for an order authorizing the discharge of the patient as ordered by the attending physician. Further limits the use of petitions to instances when the attending physician has the written concurrence of a second physician licensed to practice medicine in this State, and the petition is not filed before five business days of receipt of that written concurrence. Requires the court to grant or deny the petition within five business days after the petition is filed. Effective October 1, 2025.
HOSPITAL PETITION/DISCHARGE INCAPABLE ADULTS.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT AUTHORIZING HOSPITALS TO PETITION THE COURT FOR APPROVAL TO DISCHARGE INCAPACITATED ADULT PATIENTS IN CASES IN WHICH PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS ON BEHALF OF THESE PATIENTS ARE UNWILLING TO CONSENT TO DISCHARGE.Intro. by Sawrey, Adcock.
Status: Re-ref to Health Care. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Mar 25 2025)
Bill History:
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Mon, 24 Mar 2025 Senate: Filed(link is external)
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Tue, 25 Mar 2025 Senate: Passed 1st Reading(link is external)
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Tue, 25 Mar 2025 Senate: Withdrawn From Com(link is external)
S 410
Bill Summaries:
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Bill S 410 (2025-2026)Summary date: Mar 24 2025 - View Summary
View: All Summaries for Bill