NC House Passes Parents’ Medical Bill of Rights

Latest effort to strengthen Parents’ Rights in North Carolina

The North Carolina House of Representatives passed House Bill 519, Parents’ Medical Bill of Rights, on a 68-41 vote, mostly along party lines.

What the bill does

Current state law allows a minor to consent to their own medical treatment for venereal diseases, pregnancy, substance abuse, and emotional disturbance. Although it permits physicians to treat minors without parental consent, if the parents cannot be located, the minor cannot be identified, a delay in treatment would be harmful to minors, or if the parents have not consented to treatment, and there is not enough time to obtain a court order allowing treatment.

H.B. 519 updates the law to strengthen Parents’ Rights and provide additional clarity on when a physician or physician assistant can treat a minor without the parents’ consent.

• The bill says a minor who is 16 or older can consent to treatment for pregnancy or venereal disease. All other treatments would require parental consent.

• The bill allows both physicians and physician assistants to treat minors without parental consent if the parents cannot be located, the minor cannot be identified, a delay in treatment would be harmful to the minor, or if parents have not consented to treatment and there is not enough time to obtain a court order. Additionally, physicians, physician assistants, and nurse practitioners would be able to treat a minor without the parent’s consent if the situation triggers a mandatory report.

• The bill allows parents to access their minor child’s medical records unless there is some specific situation that would work against the minor’s best interest.

Let’s hear from the bill sponsor, Rep. Jennifer Balkcom.

Editor’s Note: This is a paraphrase of the interview with the bill’s sponsor, Rep. Jennifer Balkcom.

Tim: Thank you for speaking with me today. Can you tell me why you sponsored this legislation?

Balkcom: It’s a pleasure to speak with you. The COVID pandemic was the wake-up call I needed to get involved in politics to protect my kids and country. This legislation stems from that drive. It empowers parents to be involved in their kids’ treatment decisions. Parents are responsible for their kids and need to be part of the solution, not isolated from important decisions. Additionally, parents are financially responsible for these medical decisions and should have a say in the costs.

Tim: What is the top criticism of this bill, and why does it not persuade you?

Balkcom: Medical providers have raised concerns that the trust between doctors and minor patients would be undermined because, under the current legislation, passed 50 years ago, the minor, not the parent, provides consent for certain medical issues. The critics fail to note that this legislation does not prevent conversation but rather requires that parents be part of the treatment plan, unless there is some type of abuse situation. Parents are part of the solution, not the problem.

Tim: Can you explain times when this legislation allows a physician to treat a minor without the parent’s consent?

Balkcom: The bill allows doctors to perform medical procedures when the parents cannot be reached, and the minor is in need of medical intervention. We pray that medical emergencies never happen, and the legislation recognizes situations where a medical provider can act in the minor’s best interest. Additionally, the legislation permits doctors to provide care in situations where they suspect neglect or abuse of the minor child.