NC House passes bill curbing minors' access to confidential mental health, STD care
A bill limiting when minors can consent to medical treatment without parental involvement passed the North Carolina House, with every Republican who voted supporting it and all but four Democrats who voted opposing it.
Rep. Jennifer Balkcom, a Hendersonville Republican, said the bill upheld the 'essential role of parents in a child's life, especially when it comes to medical decisions.'
'In almost every area of a child's life, we assume the parents are responsible for their child,' Balkcom said.
'But somehow, when it comes to emotional health, STDs and drug or alcohol abuse, we still have parents have no role. That doesn't make any sense,' she said.
House Bill 519, titled the 'Parents' Medical Bill of Rights,' would require healthcare providers to obtain parental consent before treating a minor in most cases. That includes care related to mental health, substance use and sexually transmitted infections — areas where current law allows some minors to seek treatment confidentially.
The bill includes exceptions for medical emergencies, abuse or neglect cases, and when a parent or guardian can't be located. It also expands parents' rights to access medical records, narrowing when information can be withheld.
Minors would still be able to consent on their own for treatment for a pregnancy, excluding for abortions. They would also be able to consent to treatment for sexually transmitted diseases that can be treated with a prescription with a duration of 10 days or less.
After the bill passed, House Speaker Destin Hall said it was crafted with input from the medical community to balance concerns about minors in abusive situations with parents' rights to be involved in their children's medical care.
But Hall emphasized that the default should be parental involvement.
'Unless there's some sort of abuse from a parent, a parent really has a right to know at the end of the day what sort of medical decisions are being made for their child,' he said.
Debate during session
Rep. Carla Cunningham, of Charlotte, was one of the four Democrats who voted in favor of the bill. She as joined by Democratic Reps. Abe Jones, Garland Pierce and Amos Quick.
'This might be the hardest bill I'll ever have to vote on because of my history with my own child who is involved with (the) long-term mental health and behavioral health' population, Cunningham said.
When her son was a teen, she said she was blocked from obtaining records or directing care for his treatment until he was adjudicated as incompetent.
'This is hard, but if the patient or your son or your daughter is not getting the proper treatment, then you need to know that,' she said. 'And there's a lot of people that don't know how to advocate and do that,' she said.
The bill faced pushback from other Democrats, who said it would limit access to critical care for minors.
Rep. Julie Von Haefen, an Apex Democrat, said the bill would create a 'chilling effect on minors seeking out treatment.'
'It takes a village to raise a child,' Von Haefen said. 'Parents cannot do it alone. Kids need other adults that they can talk to and who they can trust. Doctors are those trusted adults that I would want my own kids to be able to talk to.'
Rep. Deb Butler, a Wilmington Democrat, said not all parents are accepting of the care their child needs.
'Some parents are loving and supportive, but others are abusive, absent or deeply opposed to the care their child may need, whether it's therapy, birth control, gender affirming treatment,' Butler said.
'It's about politics, and our kids deserve better than being used as pawns,' she said.
Rep. Dean Arp, a Republican who represents Union County, agreed that children shouldn't be 'used as pawns,' but his statement contradicted Butler's reasoning.
'Children should not be used as pawns to further a liberal agenda that further separates the children from their parents,' Arp said.
Jillian Riley, director of public affairs for Planned Parenthood South Atlantic in North Carolina said current law 'provides an opportunity for vulnerable young people to speak privately with a trusted, qualified adult and receive appropriate health care.
'Taking this option away will only increase their risk of unintended pregnancy, untreated STIs, and long-term harm to their health,' Riley said.
Tami Fitzgerald, executive director of the socially conservative NC Values Coalition, disagreed, saying, 'Parents need to be involved when children face serious medical conditions.'
'It is dangerous and irresponsible to allow children to make medical decisions in secret, especially when those decisions involve mental health, drug use or sexual activity,' she said.
The bill now moves to the Senate.
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