HB 606: Civil Procedure Amendment. - North Carolina

A2: ACV-15-V-4 → Edition 1 · 5 edits

MODERATE

This bill transforms from an amendment document into a complete legislative bill. The core policy change adds new protections for gender transition-related medical malpractice claims, extending the statute of limitations to 25 years from when a person reaches 18 years of age or four years from discovery of the injury and its cause, whichever is later. It also prevents medical professionals from requiring contractual waivers of liability for these claims and exempts them from certain existing medical malpractice rules.

Scope change

The bill's scope changed from being a minor amendment to a standalone act that creates new substantive legal protections for gender transition-related medical malpractice claims.

SCOPE

New provisions specifically addressing malpractice claims related to gender transition services were added, including extended statute of limitations periods.

REQUIREMENT

Medical professionals cannot require patients to sign away their right to sue for gender transition-related malpractice.

TIMELINE

Statute of limitations for gender transition malpractice claims extended to 25 years from age 18 or 4 years from discovery of injury and causation.

DEFINITION

References G.S. 90-21.150(5) for defining what constitutes gender transition in this context.

TECHNICAL

Removed amendment-specific formatting including amendment numbers, signature lines, and amendment adoption procedures.

Filed → A2: ACV-15-V-4 · 3 edits

MINOR

This document shows a legislative amendment to House Bill 606, which originally addressed gender transition-related medical malpractice claims. The amendment adds a new section clarifying that state funds can be used to address medical complications from gender transition procedures, and includes a severability clause to ensure the rest of the bill remains valid if any part is struck down.

Scope change

The bill's scope was expanded to explicitly allow state funding for medical complications arising from gender transition procedures, and added a severability provision to protect the remaining provisions if any part is invalidated.

FISCAL

Added language permitting state funds to be used directly or indirectly to address medical complications resulting from gender transition procedures, including infections, injuries, diseases, or disorders caused or worsened by such procedures.

REQUIREMENT

Added a severability clause stating that if any provision of the act is found invalid, the remaining provisions will still remain in effect.

TECHNICAL

Changed the document header from 'Filed' status to 'ADOPTED' status with amendment tracking information, indicating the bill has been formally approved and amended.

Edition 2 → Edition 3 · 3 edits

MINOR

This bill revision adds a new subsection clarifying that state funds can be used to treat medical complications from gender transition procedures, even if those procedures were previously denied or privately funded. It also adds a severability clause to ensure the rest of the bill remains valid if any part is ruled unconstitutional, and updates the bill edition number and page references.

Scope change

The bill's scope was expanded to explicitly allow state funding for medical complications resulting from gender transition procedures, creating an exception to previous restrictions on state funds for such care.

FISCAL

New language added to subsection (b) clarifying that state funds may be used to address medical complications from gender transition procedures, including infections, injuries, diseases, or disorders caused or worsened by such procedures.

TECHNICAL

New Section 2.5 on severability was added to ensure that if any part of the act is found invalid, the remaining provisions continue to apply.

Bill edition number updated from Second Edition to Third Edition, with corresponding page number and version identifier changes.

Edition 1 → Edition 2 · 5 edits

MODERATE

This bill was amended to clarify the statute of limitations for medical malpractice claims related to gender transition services, reducing the time window for filing claims. Additionally, a new section was added to prohibit the use of state funds for gender transition procedures for minors and prisoners, with limited exceptions for certain state employee health plans.

Scope change

The bill's scope was expanded to include a new limitation on state funding for gender transition procedures, while the civil procedure section was modified to reduce the statute of limitations for related claims.

TIMELINE

Changed the statute of limitations for gender transition-related medical malpractice claims from a 25-year window or 4-year discovery period to a single 10-year window from when the claimant reaches age 18.

FISCAL

Added a new section prohibiting state funds from being used for surgical gender transition procedures, puberty-blocking drugs, or cross-sex hormones for minors and prisoners.

ELIGIBILITY

Created exemptions for the State Health Plan for Teachers and State Employees from the state funding restrictions.

ENFORCEMENT

Modified the effective date for the civil procedure changes to apply retroactively to causes of action accruing before, on, or after enactment, while the funding restrictions take effect July 1, 2025.

TECHNICAL

Removed references to G.S. 90-21.19 not applying to damages under the gender transition section, and removed the original subsection (e) regarding contractual waivers.

Civil Procedure Amendment.

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