NC’s Parents’ Bill of Rights has become law! We are working to pass the Medical Freedom Act and Yulia’s Law to protect unvaccinated organ transplant patients from discrimination.
SCHOOL VACCINE MANDATES AND YOUR OPTIONS
What Exemptions does your state offer?
Medical and Religious
What is the process to get a religious exemption in your state?
There is no religious exemption form in North Carolina. Simply write a letter stating that you have a religious exemption. You can find a sample letter on the HEALNC website at www.healnc.net/nc-vaccine-exemptions
Who can add vaccines to the state's childhood schedule, the department of health or the legislature?
North Carolina Public Commission for Public Health
What health care can minors consent to on their own?
Any minor may give consent to a physician licensed to practice medicine in North Carolina for medical services for the prevention and treatment of venereal disease, pregnancy, substance abuse, and emotional disturbance. A health care provider must obtain written consent from a parent or legal guardian prior to administering any vaccine that has been granted emergency use authorization and is not yet fully approved by the United States Food and Drug Administration to an individual under 18 years of age.
§ 90-21.5. Minor’s consent sufficient for certain medical health services.
(a) Subject to subsection (a1) of this section, any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance. This section does not authorize the inducing of an abortion, performance of a sterilization operation, or admission to a 24-hour facility licensed under Article 2 of Chapter 122C of the General Statutes except as provided in G.S. 122C-223. This section does not prohibit the admission of a minor to a treatment facility upon his own written application in an emergency situation as authorized by G.S. 122C-223.
(a1) Notwithstanding any other provision of law to the contrary, a health care provider shall obtain written consent from a parent or legal guardian prior to administering any vaccine that has been granted emergency use authorization and is not yet fully approved by the United States Food and Drug Administration to an individual under 18 years of age.
(b) Any minor who is emancipated may consent to any medical treatment, dental and health services for himself or for his child. (1971, c. 35; 1977, c. 582, s. 2; 1983, c. 302, s. 2; 1985, c. 589, s. 31; 1985 (Reg. Sess., 1986), c. 863, s. 4; 2009-570, s. 10; 2021-110, s. 9.)
Improvements because of the new Parents’ Rights Bill
The new G.S. 90-21.10B(a) and (b) prohibit a health care practitioner or health care facility from providing, soliciting, or arranging treatment for a minor child without first obtaining written or documented consent from the child’s parent, “[e]xcept as otherwise provided in this Article [1A] or by a court order […].”
The new G.S. 90-21.10C establishes penalties for health care practitioners and any “other person” who violates the requirements for prior written or documented parental consent under G.S. 90-21.10B. The term “other person” is likely meant to include agents, employees, officers, and directors of health care facilities, as defined under the new G.S. 90-21.10A(3). Health care practitioners and other persons who violate the new G.S. 90-21.10B are subject to disciplinary action by the board that licensed, certified, or otherwise authorized the health care practitioner to provide treatment and a fine of up to $5,000. For “other persons,” some of whom may not be licensed, certified, or otherwise authorized by a board to provide treatment, it is unclear what the penalty for violating the new law would be and to whom the potential fine described in G.S. 90-21.10C would be paid. Violations can only be committed after December 1, 2023, which is when this new part of G.S. Chapter 90, Article 1A becomes effective.