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SB 759

Schools; amending the Parents' Bill of Rights. Emergency.

2025 Regular Session Introduced by Dana Prieto

The bill requires parental consent for any EUA-only vaccines given to minors and broadens parents’ access to most minor medical records, with limited confidentiality exceptions.

Coauthored by Senator Bergstrom
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Bill Summary · SB 759

SB 759 — Minors Health Protection Act (Summary)

Status: Passed 1st Reading
Introduced: Feb 21, 2025 (filed March 25, 2025 in NC text)
Effective date: October 1, 2025 (applies to acts on/after that date)
Statutory changes: Amends G.S. 90‑21.4 and G.S. 90‑21.5; adds G.S. 90‑21.5A and G.S. 90‑21.5B

Purpose / Intent

The bill revises North Carolina law governing (1) when minors may consent to medical care without parental involvement, (2) physician duties and immunity in those contexts, and (3) parental access to minors’ medical records. It also adds a specific parental‑consent requirement for certain vaccines and creates limited exceptions allowing examinations without prior parental consent when abuse or neglect is suspected.

Key provisions

  • Minor consent (G.S. 90‑21.5)

    • Continues to allow minors to consent to prevention/diagnosis/treatment for: reportable infectious diseases (e.g., STIs), pregnancy, substance (alcohol/drug) abuse, and emotional disturbance.
    • Clarifies that emancipated minors may consent to any medical/dental/health care for themselves or their child.
    • Adds a new requirement (subsection a1): a health care provider must obtain written consent from a parent or legal guardian before administering any vaccine to an individual under 18 years of age if that vaccine has only Emergency Use Authorization (EUA) and is not yet fully approved by the U.S. FDA.

  • Physician responsibility and notice (G.S. 90‑21.4)

    • Maintains physician civil/criminal immunity for providing covered services without parental permission (except for professional negligence).
    • Prohibits physicians from notifying parents about care described in G.S. 90‑21.5 without the minor’s permission, unless the physician believes notification is essential to the minor’s life or health. If a parent contacts the physician about treatment, the physician may provide information.

  • Limited exception for examinations without parental consent (new G.S. 90‑21.5A)

    • A health care practitioner (or physician) may perform/continue an examination without first obtaining parental written consent if the practitioner reasonably believes the exam will produce information requiring a mandated report of abuse/neglect under existing child‑protective statutes.

  • Parental access to medical records (new G.S. 90‑21.5B)

    • Parents are granted the right to access and review all medical records of their minor child — explicitly including records of care where the minor could consent under G.S. 90‑21.5.
    • Exceptions where parent access is denied:
    • Records relating to examinations covered by G.S. 90‑21.5A (suspected abuse/neglect exams).
    • Where a valid court order prohibits release.
    • Where the parent is the subject of a criminal investigation for a crime against the child and law enforcement has requested records be withheld.

Who is affected

  • Minors (especially those seeking confidential services for STIs, pregnancy, substance abuse, mental health)
  • Parents and legal guardians (expanded explicit access to children’s medical records, except specified exceptions)
  • Health care providers and facilities (new consent/documentation duties; limits on disclosures; new vaccine consent rule for EUA vaccines)
  • Public health programs (vaccination uptake and reporting interactions)
  • Child protective services and law enforcement (clarifies examination/reporting authority when abuse suspected)

Procedural / Timeline notes

  • Bill introduced and advanced through first reading; effective October 1, 2025 for acts on/after that date.
  • Applies to care and acts occurring on/after the effective date.

Potential impacts and considerations

  • Confidentiality: The bill narrows confidentiality for minors by giving parents broad access to records of care minors can consent to, while retaining limited protections for suspected abuse exams and where court or law‑enforcement restrictions exist.
  • Vaccination: Requiring parental written consent for EUA (non‑fully FDA‑approved) vaccines for under‑18s could reduce administration of such vaccines in clinical and school settings and change provider consent workflows.
  • Provider practice: Physicians must document consent decisions and balance minors’ confidentiality requests against the narrow exceptions (life/health, reporting obligations).
  • Legal interplay: Implementation may raise questions about federal privacy/confidentiality rules and existing public‑health reporting requirements; providers and institutions will likely need updated policies and staff training.

This summary highlights the substantive changes in SB 759 as drafted in the North Carolina version titled “Minors Health Protection Act.”

Compiled from official sources — confirm details with the bill’s official record.

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