Last August, following a legislative override of the Governor’s veto, the General Assembly passed Session Law 2023-106. Part III of the session law, which is the focus of this bulletin, amends Chapter 90, Article 1A of the North Carolina General Statutes, which addresses the provision of health care services to minors. Specifically, the law creates a new Part 3 of Article 1A titled “Parental Consent for Treatment,” which is codified at G.S. 90-21.10A, -21.10B, and -21.10C. These new statutes became effective on December 1, 2023.
This bulletin brings together previous blog posts on S.L. 2023-106, Part III and incudes new analysis, with a goal of helping people who are responsible for the health, care, and well-being of minors better understand how the new law changed (or did not change) the legal landscape around consent and providing health care to minors. For individuals who provide health services directly to minors, this bulletin also presents an in-depth discussion of health care practitioners’ duties to obtain parental consent under the new laws as well as a “Frequently Asked Questions” section.
A copy of the bulletin is available for free download on the UNC School of Government website. Click here to download Health Law Bulletin #92.