§ 90-21.10 — Penalty

North Carolina § 90-21.10

• Jurisdiction: North Carolina
• Ch. 90: Medicine and Allied Occupations
• Art. 1A: Treatment of Minors

Text

Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of Part 2 of this Article shall be guilty of a Class 1 misdemeanor. (1995, c. 462, s. 1.)
Part 3. Parental Consent for Treatment.
§ 90-21.10A. Definitions.
The following definitions apply in this Article:
(1), (2) Reserved for future codification purposes.
(3) Health care facility. - A health care facility, licensed under Chapter 131E or 122C of the General Statutes, where health care services are provided to patients, including:
a. An agent or employee of the health care facility that is licensed, certified, or otherwise authorized to provide health care services.
b. The officers and directors of a health care facility.
(4) Health care practitioner. - An individual who is licensed, certified, or otherwise authorized under this Chapter, Chapter 90B, Chapter 90C, or Chapter 115C of the General Statutes to provide health care services in the ordinary course of business or practice of a profession or in an approved education or training program, or an agent or employee of that individual.
(5) Minor. - Any person under the age of 18 who has not been married or has not been emancipated pursuant to Article 35 of Chapter 7B of the General Statutes.
(6) Parent. - A minor's parent, guardian, or person standing in loco parentis. A person standing in loco parentis is a person who has assumed parental responsibilities, including support and maintenance of the minor.
(7) Treatment. - Any medical procedure or treatment, including X-rays, the administration of drugs, blood transfusions, use of anesthetics, and laboratory or other diagnostic procedures employed by or ordered by a health care practitioner, that is used, employed, or ordered to be used or employed commensurate with the exercise of reasonable care and equal to the standards of medical practice normally employed in the community where the health care practitioner administers treatment to the minor child. (2023-106, s. 3(a).)
§ 90-21.10B. Parental consent for treatment.
(a) Except as otherwise provided in this Article or by court order, a health care practitioner shall not provide, solicit, or arrange treatment for a minor child without first obtaining written or documented consent from that minor child's parent.
(b) Except as otherwise provided in this Article or by court order, a health care facility shall not allow treatment to be performed on a minor child in its facility without first obtaining written or documented consent from that minor child's parent.
(c) This section does not apply to services provided by a clinical laboratory unless the services are delivered through a direct encounter with the minor child at the clinical laboratory facility. (2023-106, s. 3(a).)
§ 90-21.10C. Penalty.
A health care practitioner or other person that violates this section is subject to disciplinary action by the board that licensed, certified, or otherwise authorized the health care practitioner to provide treatment, including a fine of up to five thousand dollars ($5,000). (2023-106, s. 3(a).)

Legislative History

(1995, c. 462, s. 1.)