Bill Summary for H 847 (2015-2016)

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Summary date: 

Apr 17 2015

Bill Information:

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.

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Bill summary

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.