Bill Text: NC H347 | 2011-2012 | Regular Session | Amended
Bill Title: Notification to Treat Minors/12 or Younger
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2011-03-15 - Ref to the Com on Health and Human Services, if favorable, Judiciary Subcommittee A [H347 Detail]
Download: North_Carolina-2011-H347-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 347
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Short Title: Notification to Treat Minors/12 or Younger. |
(Public) |
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Sponsors: |
Representatives Randleman, Hurley, and Avila (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Health and Human Services, if favorable, Judiciary Subcommittee A. |
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March 15, 2011
A BILL TO BE ENTITLED
AN ACT requiring physicians to notify the parent or guardian of a minor twelve years of age or younger after treating the minor for venereal disease, pregnancy, abuse of controlled substances or alcohol, or emotional disturbance.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑21.4(b) reads as rewritten:
"(b) The physician shall not notify a
parent, legal guardian, person standing in loco parentis, or a legal custodian
other than a parent of a minor 12 years of age or younger when granted
specific authority in a custody order to consent to medical or psychiatric
treatment, without the permission of the minor, concerning the medical health
services set out in G.S. 90‑21.5(a),G.S. 90‑21.5(a)
after treating the minor, unless the situation notification
would, in the opinion of the attending physician indicates that
notification is essential tophysician, pose a serious risk to the
life or physical health of the minor. Notification shall be given
within 48 hours after the minor receives the treatment. If a parent, legal guardian[,]guardian,
person standing in loco parentis, or a legal custodian other than a parent when
granted specific authority in a custody order to consent to medical or
psychiatric treatment contacts the physician concerning the treatment or
medical services being provided to the minor, the physician may shall
give information."
SECTION 2. G.S. 90‑21.5 reads as rewritten:
"§
90‑21.5. Minor's consent sufficient for certain medical health services.services;
exception.
(a) Any minor older than 12 years of age may
give effective consent to a physician licensed to practice medicine in North
Carolina for medical health services for the prevention, diagnosis and
treatment of (i) venereal disease and other diseases reportable under G.S. 130A‑135,
(ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv)
emotional disturbance.disturbance, if the physician notifies the
minor's parent, legal guardian, person standing in loco parentis, or a legal
custodian other than a parent when granted specific authority in a custody
order to consent to medical or psychiatric treatment within 48 hours after the
minor receives the services. This section does not authorize the inducing
of an abortion, performance of a sterilization operation, or admission to a 24‑hour
facility licensed under Article 2 of Chapter 122C of the General Statutes
except as provided in G.S. 122C‑223. This section does not prohibit
the admission of a minor to a treatment facility upon his own written
application in an emergency situation as authorized by G.S. 122C‑223.
(b) Any minor who is emancipated may consent to any medical treatment, dental and health services for himself or for his child."
SECTION 3. This act is effective when it becomes law.
