State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_1

Article 1A.

Treatment of Minors.

Part1.  General Provisions.

§ 90‑21.1.  When physician may treat minorwithout consent of parent, guardian or person in loco parentis.

It shall be lawful for any physician licensed to practice medicine inNorth Carolina to render treatment to any minor without first obtaining theconsent and approval of either the father or mother of said child, or anyperson acting as guardian, or any person standing in loco parentis to saidchild where:

(1)        The parent or parents, the guardian, or a person standing inloco parentis to said child cannot be located or contacted with reasonablediligence during the time within which said minor needs to receive thetreatment herein authorized, or

(2)        Where the identity of the child is unknown, or where thenecessity for immediate treatment is so apparent that any effort to secureapproval would delay the treatment so long as to endanger the life of saidminor, or

(3)        Where an effort to contact a parent, guardian, or personstanding in loco parentis would result in a delay that would  seriously worsenthe physical condition of said minor, or

(4)        Where the parents refuse to consent to a procedure, and thenecessity for immediate treatment is so apparent that the delay required toobtain a court order would endanger the life or seriously worsen the physicalcondition of the child. No treatment shall be administered to a child over theparent's objection as herein authorized unless the physician  shall firstobtain the opinion of another physician licensed  to practice medicine in theState of North Carolina that such procedure is necessary to prevent immediateharm to the child.

Provided, however, that the refusal of a physician to use, perform orrender treatment to a minor without the consent of the minor's parent,guardian, or person standing in the position of loco parentis, in accordancewith this Article, shall not constitute grounds for a civil action or criminalproceedings against such physician. (1965, c. 810, s. 1; 1977, c. 625, s. 1.)