North Carolina Teen Medical Restrictions Bill (H 847)
This law was last updated on Nov 18, 2018
H 847 would protect parents from reports of abuse or neglect based solely on a decision to follow treatment recommended by a health care provider. Additionally, the bill would eliminate certain exceptions for parental consent of medical treatment of unemancipated minors.
Minor Consent Law
The bill would amend the minor’s consent law, N.C.G.S. § 90-21.5 to prohibit anyone from performing the following acts on an unemancipated minor without first obtaining the written notarized consent of a parent or legal guardian:
- Procure, solicit to perform, arrange for the performance of, or perform a surgical procedure on a minor;
- Perform a physical examination of a minor; or
- Prescribe any prescription drug for the treatment of a minor.
Hospitals and medical centers would not be able to permit a surgical procedure to be performed in its facilities without first obtaining written notarized consent.
Notarized consent would not apply if a medical emergency exists, the minor is in need of treatment for substance abuse, or treatment is necessary to save the life of the minor.
A person who violates this requirement would be guilty of an unclassified misdemeanor and could be fined up to $1,000 and/or imprisoned for up to a year.
Parental Consent Laws
H 847 would amend the parental consent law, N.C.G.S. § 90-21.7 to prohibit physicians from performing an abortion on an unemancipated minor without the written notarized consent of a parent or legal guardian. Previously, the law only required written consent, not notarized written consent.
The bill also would also prohibit health-care providers from providing health-care services to an unemancipated minor for the prevention, treatment, or diagnosis of STDs, including HIV/AIDS, substance or alcohol abuse, mental illness, or pregnancy unless the minor’s parent or guardian is present and gives consent, or if the minor’s parent or guardian provides notarized written consent along with the minor’s written consent. Previously, the parental consent provisions applied only to abortion, and not to STDs, substance or alcohol abuse, mental illness, or pregnancy.
The law states that a minor may petition a court located where the minor resides for a waiver of consent. The court would be required to waive consent if it made any of the following findings:
- The minor is mature and well-informed enough to make the abortion decision or decision regarding health-care services for the prevention, treatment, or diagnosis of STDs, including HIV/AIDS, substance or alcohol abuse, mental illness, or pregnancy;
- It would be in the best interest of the minor not to require parental consent; or
- In instances where an abortion is sought, the minor is a victim of rape or felonious incest.
The bill would create a new amendment declaring the liberty of a parent to direct the upbringing, education, and care of their child as a fundamental right.