H606: Civil Procedure Amendment. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Rules


AN ACT amending the civil procedure statute relating to accrual of action and LIMITING use of state funding.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 1‑15 reads as rewritten:



§ 1‑15.  Statute runs from accrual of action.



(a)        Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.



(b)        Repealed by Session Laws 1979, c. 654, s. 3.



(c)        Except as provided by subsection (d) of this section or where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the  person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.



(d)       A cause of action arising out of the performance of or failure to perform services while in the course of facilitating or perpetuating gender transition shall be commenced within 10 years from the day the claimant reaches 18 years of age. Gender transition is defined in G.S. 90‑21.150(5) for the purposes of this section.



(e)        A medical professional or entity may not seek a contractual waiver of the liability arising out of the performance of or failure to perform services while in the course of facilitating or perpetuating gender transition. Any attempted waiver is contrary to the public policy of this State and is null and void.



(f)        G.S. 90‑21.19 does not apply to damages for a cause of action arising out of the performance of or failure to perform services while in the course of facilitating or perpetuating gender transition.



SECTION 2.  G.S. 143C‑6‑5.6 reads as rewritten:



§ 143C‑6‑5.6.  Limitation on use of State funds for gender transition procedures.



(a)        The following definitions apply in this section:



(1)        Cross‑sex hormones. – As defined in G.S. 90‑21.150.



(2)        Minor. – As defined in G.S. 90‑21.150.



(3)        Puberty‑blocking drugs. – As defined in G.S. 90‑21.150.



(4)        Surgical gender transition procedure. – As defined in G.S. 90‑21.150.



(b)        No State funds may be used, directly or indirectly, for the performance of or in furtherance of surgical gender transition procedures, or to provide puberty‑blocking drugs or cross‑sex hormones to a minor, or to support the administration of any governmental health plan or government‑offered insurance policy offering surgical gender transition procedures, puberty‑blocking drugs, or cross‑sex hormones to a minor.



(b1)      No State funds may be used, directly or indirectly, for the performance of or in furtherance of surgical gender transition procedures, or to provide puberty‑blocking drugs or cross‑sex hormones to any prisoner incarcerated in the State prison system or the Statewide Misdemeanor Confinement Program or otherwise in the custody of the Department of Adult Correction, or to support the administration of any governmental health plan or government‑offered insurance policy offering surgical gender transition procedures, puberty‑blocking drugs, or cross‑sex hormones to any prisoner incarcerated in the State prison system or the Statewide Misdemeanor Confinement Program or otherwise in the custody of the Department of Adult Correction. Nothing in this subsection shall be construed to prevent State funds from being used, directly or indirectly, to address medical complications resulting in imminent physical harm, including the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by a previously performed or privately funded gender transition procedure.



(c)        Subsection (b) Subsections (b) and (b1) of this section shall not apply to the State Health Plan for Teachers and State Employees.



SECTION 2.5.  Severability. – If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.



SECTION 3.  Section 1 of this act is effective when it becomes law and applies to causes of action accruing before, on, or after that date. This section revives any cause of action arising out of the performance of or failure to perform services while in the course of facilitating or perpetuating gender transition otherwise time‑barred under G.S. 1‑15 as it existed immediately before the enactment of this act, whether or not such cause of action has been asserted in a pending civil action or appeal. Section 2 of this act becomes effective July 1, 2025. The remainder of this act is effective when it becomes law.