February 8, 2007

The perennial bill aimed at restricting the " Minors' Consent for Health Services" law - GS 90-21.5. Note copy of the legislation -- HB 103 -- recorded below. More formal details about this bill and others legislative matters will be forthcoming. I am awaiting the appointment of the House Committees before sending out an official legislative update.

The Senate Committees have been appointed, and the make-up did not change significantly. The Health and Human Services Appropriations Subcommittee will be co-chaired by Senators Bill Purcell and Doug Berger. Senator Malone, who was one of the co-chairpersons last session, has been moved to serve as a co-chairperson for the Education Appropriations Subcommittee. The co-chairpersons of the overall Appropriations Committee did not change -- Senators Walter Dalton, Linda Garrou, and Kay Hagan.

The House committees will be announced Monday night or Tuesday. If what I have been told comes true, I feel comfortable about the fate of prevention programs this session.

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H D

HOUSE DRH70031-LN-63 (2/2)

Short Title: Parental Notification to Treat Minors.
(Public)

Sponsors:
Representative Dollar.

Referred to:


A BILL TO BE ENTITLED

AN ACT permitting physicians to notify the parent or guardian of a minor 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 reads as rewritten:

"§ 90‑21.4. Responsibility, liability and immunity of physicians.

(a) Any physician licensed to practice medicine in North Carolina providing health services to a minor under the terms, conditions and circumstances of this Article shall not be held liable in any civil or criminal action for providing such services without having obtained permission from 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. The physician shall not be relieved on the basis of this Article from liability for negligence in the diagnosis and treatment of a minor.

(b) The physician shall notmay notify a 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, 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 situationnotification would, in the opinion of the attending physician indicates that notification is essential to physician, pose a serious risk to the life or physical health of the minor. If a 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 contacts the physician concerning the treatment or medical services being provided to the minor, the physician may give information."

SECTION 2. This act becomes effective October 1, 2007.