State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_4

§ 90‑21.4. Responsibility, liability and immunity of physicians.

(a)        Any physician licensed to practice medicine in NorthCarolina providing health services to a minor under the terms, conditions andcircumstances of this Article shall not be held liable in any civil or criminalaction for providing such services without having obtained permission from theminor's parent, legal guardian, person standing in loco parentis, or a legalcustodian other than a parent when granted specific authority in a custody orderto consent to medical or psychiatric treatment. The physician shall not berelieved on the basis of this Article from liability for negligence in thediagnosis and treatment of a minor.

(b)        The physician shall not notify a parent, legal guardian, personstanding in loco parentis, or a legal custodian other than a parent whengranted specific authority in a custody order to consent to medical orpsychiatric treatment, without the permission of the minor, concerning themedical health services set out in G.S. 90‑21.5(a), unless the situationin the opinion of the attending physician indicates that notification isessential to the life or health of the minor. If a parent, legal guardian[,]person standing in loco parentis, or a legal custodian other than a parent whengranted specific authority in a custody order to consent to medical orpsychiatric treatment contacts the physician concerning the treatment ormedical services being provided to the minor, the physician may giveinformation. (1965, c. 810, s.4; 1977, c. 582, s. 1; 1985, c. 589, s. 30.)