Bill > S410

This bill authorizes hospitals in North Carolina to petition the superior court for permission to discharge an adult patient who lacks the capacity to make their own healthcare decisions when no authorized decision-maker is willing to consent to the discharge. Specifically, the hospital must obtain written concurrence from two physicians (the attending physician and a second licensed physician) about the need for discharge before filing a petition. The hospital cannot file the petition until at least five business days after receiving the second physician's written agreement, and the court must then respond to the petition within five business days. The bill applies only to patients who are 18 years of age or older, providing a legal mechanism for hospitals to resolve situations where a patient's care is stalled due to the inaction or unavailability of their designated healthcare decision-makers. The new law will take effect on October 1, 2025, giving hospitals and healthcare providers time to prepare for its implementation.

Health and Social Services

https://www.ncleg.gov/BillLookUp/2025/S410