ELIMINATE EXCEPTIONS/MED TREATMENT/MINORS.

View NCGA Bill Details2013-2014 Session
House Bill 693 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO ELIMINATE CERTAIN EXCEPTIONS FOR PARENTAL CONSENT FOR MEDICAL TREATMENT OF UNEMANCIPATED MINORS UNDER THE LAWS PERTAINING TO THE PRACTICE OF MEDICINE.
Intro. by Whitmire, Fulghum, Brisson, Schaffer.

Status: Re-ref Com On Judiciary (House Action) (May 8 2013)
H 693

Bill Summaries:

  • Summary date: May 7 2013 - More information

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

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

    Amends GS 90-21.7(a), deleting previous changes to the subsection, and now provides that no physician licensed to practice medicine in North Carolina will perform an abortion on an unemancipated minor unless the physician or agent thereof or another physician or agent first obtains the written consent of the minor and the notarized written consent of any one of the following: a parent with custody, legal guardian or legal custodian, a parent with whom the minor is living, or a grandparent with whom the minor has been living for at least six months immediately preceding the date of the minor's written consent.

    Enacts new GS 90-21.7(a1), providing that, except as prohibited by federal law, unless a parent or legal guardian or legal custodian of an unemancipated minor is present with the minor and gives consent, no health care provider duly licensed in North Carolina or his or her agent will provide medical health 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 the health care provider or agent first obtains written consent of the minor and the notarized written consent of a parent with custody, legal guardian or legal custodian, a parent with whom the minor is living, or a grandparent with whom the minor has been living for at least six months immediately preceding the date of the minor's written consent.

    Amends GS 90-21.7(b), making technical changes.

    Amends GS 90-21.8, making technical, conforming, and clarifying changes, reflecting the requirement of obtaining notarized, written parental consent for the treatment of sexually transmitted diseases, abuse of controlled substances or alcohol, mental illness, or pregnancy.

    Amends GS 90-21.9, providing that the parental consent requirements prescribed by GS 90-21.7(a) and GS 90-21.7(a1) do not apply when, in the best judgment of the physician, based on facts of the case before the physician, a medical emergency exists that complicates the pregnancy as to require an immediate abortion or provision of health care services.

    Amends GS 90-21.9, making a conforming change.

     


  • Summary date: Apr 10 2013 - More information

    Repeals GS 90-21.5(a), Minor's consent sufficient for certain medical health services.

    Amends GS 90-21.7(a), providing that no physician licensed to practice medicine in North Carolina will provide medical health services for an unemancipated minor for the prevention, diagnosis, and treatment of (1) venereal disease and other diseases reportable under GS 130A-135, (2) abuse of controlled substances or alcohol, (3) mental illness or emotional disturbance, or (4) pregnancy unless the physician or agent first obtains written consent of the minor and the written consent, acknowledged in accordance with Chapter 10B of the General Statutes, of a parent with custody, legal guardian or legal custodian, a parent with whom the minor is living, or a grandparent with whom the minor has been living for at least six months immediately preceding the date of the minor's written consent.

    Also allows all minors, not just pregnant minors, to petition the district court judge assigned to the juvenile proceedings in the court where the minor resides or where she is physically present for a waiver of the parental consent if the specified requirements are met. Amends those requirements to provide that (1) none of the persons from whom consent must be obtained is available to the doctor performing the abortion or providing medical health services for the prevention, diagnosis, and treatment of (a) venereal diseases and other reportable diseases, (b) abuse of controlled substances or alcohol, (c) emotional disturbances, or (d) pregnancy or the physician's agent or the referring physician or agent in a reasonable time or manner; or (2) all of the persons from whom consent must be obtained refuse to consent to the performance of an abortion or the provision of the described medical services.

    Amends GS 122C-221(a), providing that a minor may be admitted to a facility if the minor is (1) mentally ill or a substance abuser, (2) in need of treatment, and (3) has complied with the consent requirements under GS 90-21.7(a). Provides exceptions for the application of GS 122C-211 (Admissions) to the admission of minors under this part, stating that it applies to the extent allowed under GS 90-21.7 (Parental consent required) and except as otherwise provided in this Part.

    Effective October 1, 2013.


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