Health Law Bulletin #92

Last August, following a legislative override of a veto by the governor, the General Assembly passed Session Law 2023-106. Part I of the law establishes a “Parents’ Bill of Rights” and Part II outlines new requirements related to parents’ involvement in their children’s education. 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 seeks to assist people who are responsible for the health, care, and well-being of minors to better understand the new laws and their effects. 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.