PARENTAL RIGHTS AND MED. TREATMENT OF MINORS. (NEW)

View NCGA Bill Details2015-2016 Session
House Bill 847 (Public) Filed Tuesday, April 14, 2015
AN ACT PROTECTING PARENTS FROM REPORTS OF ABUSE OR NEGLECT BASED SOLELY ON A DECISION TO FOLLOW TREATMENT RECOMMENDED BY A HEALTH CARE PROVIDER OR MENTAL HEALTH CARE PROVIDER AND TO PROVIDE FOR PARENTS' FUNDAMENTAL RIGHTS.
Intro. by Jordan.

Status: Re-ref Com On Judiciary II (Senate Action) (Jul 16 2015)

SOG comments (1):

Change Short and Long Titles

House committee substitute to 1st edition changed short and long titles.  The short title was Amend Laws Re: Medical Treatment for Minors. The long title was AN ACT PROTECTING PARENTS FROM REPORTS OF ABUSE OR NEGLECT BASED SOLELY ON A DECISION TO FOLLOW TREATMENT RECOMMENDED BY A HEALTH CARE PROVIDER OR MENTAL HEALTH CARE PROVIDER; AND ELIMINATING CERTAIN EXCEPTIONS FOR PARENTAL CONSENT FOR MEDICAL TREATMENT OF UNEMANCIPATED MINORS UNDER THE LAWS PERTAINING TO THE PRACTICE OF MEDICINE.

H 847

Bill Summaries:

  • Summary date: Apr 29 2015 - More information

    House amendment makes the following changes to the 3rd edition.

    Amends proposed GS 115-6, Parents' fundamental rights, adding clarifying language providing that nothing in this section can be construed to create any additional rights or impose any additional obligations than otherwise exist under federal and state law. 


  • Summary date: Apr 28 2015 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Recodifies proposed GS 90-21.10A as new GS 115C-6.


  • Summary date: Apr 27 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 7B-301(d), which, as enacted in this act, prohibits a person or institution from filing a report of abuse or neglect under this section, to clarify that no person or institution is obligated to file an abuse or neglect report solely based on the decision of a parent or guardian to follow treatment for a minor child that is recommended by a licensed health care provider or licensed provider of mental health services. Clarifies that a parent or guardian's decision to follow a contrary opinion or recommended treatment plan does not generate an obligation for any person or institution to report suspected abuse or neglect under GS 7B-301. Deletes language in new subsection (d) which provided that even in a case of an immediate, life-threatening situation, the parent's decision cannot be overridden unless there is clear and convincing evidence that warrants a different decision.

    Makes a technical change to new GS 90-21.10A, Parents fundamental rights.

    Deletes proposed changes to GS 90-21.5.

    Deletes changes to the title of Part 2 of Article 1A of GS Chapter 90 and deletes changes to GS 90-21-7, which added treatment for sexually transmitted diseases, abuse of controlled substances or alcohol, mental illness, and pregnancy to medical treatments for a minor that require the written consent of a parent or guardian of the minor.

    Deletes changes made to GS 90-21.8 to conform with GS 90-21-7, as amended in the 1st edition. Also deletes conforming changes made to GS 90-21.9 and GS 122C-221(a).

    Act remains effective October 1, 2015.


  • Summary date: Apr 17 2015 - More information

    Enacts GS 7B-301(d) concerning the reporting of juvenile abuse or neglect, prohibiting a person or institution to file a report of abuse or neglect based solely on the decision of a parent or guardian to follow advice and treatment plan of a licensed health care provider. Provides that even in a case of an immediate, life-threatening situation, the parent's decision cannot be overridden unless there is clear and convincing evidence that warrants a different decision. 

    Amends GS 90-21.5, Minor's consent sufficient for certain medical health services, deleting all of the language found in subsection (a) and adds new subsections (a1) through (a4), setting out specified medical acts that cannot be provided to a minor without written consent of a parent or legal guardian, including surgical procedures, physical examinations, and the prescribing of prescription drugs. Requires hospitals or medical centers to obtain notarized written consent for a surgical procedure to be performed. Sets out exceptions to the above provisions, including the existence of a medical emergency requiring a surgical procedure or if the minor is in need of treatment for substance abuse. Provides that violation of this section is an unclassified misdemeanor, punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. 

    Amends the title of GS Chapter 90, Article 1A, Part 2, to read Parental or Judicial Consent for Abortion, Treatment for Sexually Transmitted Diseases, Abuses of Controlled Substances or Alcohol, Mental Illness, and Pregnancy.

    Amends GS 90-21.7, Parental consent required, to require notarized written consent of specified individuals before a minor can receive an abortion (previously, only required the written consent without notarization). Adds new subsection (a1) requiring a parent, legal guardian, or legal custodian of an unemancipated minor to be present and consent to health care services for the prevention, diagnosis, and treatment of (1) sexually transmitted diseases, (2) abuse of controlled substances or alcohol, (3) mental illness, or (4) pregnancy unless written consent of the minor and notarized consent of specified individuals is obtained. Makes conforming and technical changes. 

    Amends GS 90-21.8, Procedure for waiver of parental consent, making conforming changes reflecting the changes made in GS 90-21.7.

    Amends GS 90-21.9, Medical emergency exception, providing that this exception applies to the requirements of proposed GS 90-21.7(a1). Makes conforming changes.

    Enacts GS 90-21.10A, providing that the liberty of a parent to direct the upbringing, education, and care of his or her child is a fundamental right. Sets out other limitations of GS Chapter 90, Article 1A.

    Amends GS 122C-221(a), concerning the voluntary admission and discharge of minors, adding language that allows a minor to be admitted to a facility if the minor (1) is mentally ill or a substance abuser, (2) is in need of treatment, and (3) has complied with the consent requirements found in GS 90-21.7 (previously did not include any consent requirements). Makes conforming changes.  

    Effective October 1, 2015.


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