NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 600
SENATE BILL 83
AN ACT TO MAKE IT CLEAR THAT PHYSICIANS AND SURGEONS ARE AUTHORIZED TO PERFORM CERTAIN OPERATIONS UPON THE REPRODUCTIVE ORGANS OF CERTAIN PERSONS WHEN REQUESTED TO DO SO; TO PRESCRIBE THE CONSENT WHICH SHALL BE REQUIRED TO BE GIVEN FOR THE PERFORMANCE OF SUCH OPERATIONS, THE TIME WITHIN WHICH THE SAME MAY BE PERFORMED, AND THE CONDITIONS WHICH SHALL BE COMPLIED WITH; AND TO PROVIDE FOR EXEMPTION FROM LIABILITY FOR THE NONNEGLIGENT PERFORMANCE OF SUCH OPERATIONS.
The General Assembly of North Carolina do enact:
Section 1. That there be added to Chapter 90 of the General Statutes a new Article to be numbered Article 19 and to read as follows:
"Article 19
Sterilization Operations
§ 90-271. Operations Lawful. It shall be lawful for any physician or surgeon licensed by this State and acting in collaboration or consultation with at least one or more physicians or surgeons so licensed, when so requested by any person twenty-one years of age or over, or less than twenty-one years of age if legally married, to perform, in a hospital licensed by the Medical Care Commission, upon such person a surgical interruption of vas deferens or Fallopian tubes, as the case may be, provided a request in writing is made by such person at least thirty (30) days prior to the performance of such surgical operation, and provided, further, that prior to or at the time of such request a full and reasonable medical explanation is given by such physician or surgeon to such person as to the meaning and consequences of such operation, and provided, further, that a request in writing is also made at least thirty (30) days prior to the performance of the operation by the spouse of such person, if there be one, unless the spouse has been declared mentally incompetent, or unless a separation agreement has been entered into between the spouse and the person to be operated upon, or unless the spouse and the person to be operated upon have been divorced from bed and board or have been divorced absolutely.
§ 90-272. Sexual Operations on Minors. Any such physician or surgeon may perform a surgical interruption of vas deferens or Fallopian tubes upon any unmarried person under the age of twenty-one years when so requested in writing by such minor and in accordance with the conditions and requirements set forth in G.S. 90-271, provided that the juvenile court of the county wherein such minor resides, upon petition of the parent or parents, if they be living, or the guardian or next friend of such minor, shall determine that the operation is in the best interest of such minor and shall enter an order authorizing the physician or surgeon to perform such operation.
§ 90-273. Thirty-Day Waiting Period. No operation shall be performed pursuant to the provisions of this Article prior to thirty (30) days from the date of consent or request therefor, or in the case of an infant, from the date of the order of the court authorizing the same, and in neither event if the consent for such operation is withdrawn prior to its commencement.
§ 90-274. No Liability for Nonnegligent Performance of Operation.
Subject to the rules of law applicable generally to negligence, no physician or surgeon licensed by this State shall be liable either civilly or criminally by reason of having performed a surgical interruption of vas deferens or Fallopian tubes authorized by the provisions of this Article upon any person in this State.
§ 90-275. Article Does not Affect Eugenical or Therapeutical Sterilization Laws. Nothing in this Article shall be deemed to affect the provisions of Article 7 of Chapter 35 of the General Statutes of North Carolina."
Sec. 2. All laws and clauses of laws in conflict herewith are hereby repealed.
Sec. 3. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 29th day of May, 1963.