Text of NC H 606 (2025)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H D HOUSE BILL DRH40335-MC-180 Short Title: Civil Procedure Amendment. (Public) Sponsors: Representative Almond. Referred to: *DRH40335-MC-180* A BILL TO BE ENTITLED 1 AN ACT AMENDING THE CIVIL PROCEDURE STATUTE RELATING TO ACCRUAL OF 2 ACTION. 3 The General Assembly of North Carolina enacts: 4 SECTION 1. G.S. 1-15 reads as rewritten: 5 "§ 1-15. Statute runs from accrual of action. 6 (a) Civil actions can only be commenced within the periods prescribed in this Chapter, 7 after the cause of action has accrued, except where in special cases a different limitation is 8 prescribed by statute. 9 (b) Repealed by Session Laws 1979, c. 654, s. 3. 10 (c) Except as provided by subsection (d) of this section or where otherwise provided by 11 statute, a cause of action for malpractice arising out of the performance of or failure to perform 12 professional services shall be deemed to accrue at the time of the occurrence of the last act of the 13 defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the 14 person, economic or monetary loss, or a defect in or damage to property which originates under 15 circumstances making the injury, loss, defect or damage not readily apparent to the claimant at 16 the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably 17 be discovered by the claimant two or more years after the occurrence of the last act of the 18 defendant giving rise to the cause of action, suit must be commenced within one year from the 19 date discovery is made: Provided nothing herein shall be construed to reduce the statute of 20 limitation in any such case below three years. Provided further, that in no event shall an action 21 be commenced more than four years from the last act of the defendant giving rise to the cause of 22 action: Provided further, that where damages are sought by reason of a foreign object, which has 23 no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking 24 damages for malpractice may commence an action therefor within one year after discovery 25 thereof as hereinabove provided, but in no event may the action be commenced more than 10 26 years from the last act of the defendant giving rise to the cause of action. 27 (d) Notwithstanding subsection (c) of this section, a cause of action arising out of the 28 performance of or failure to perform services while in the course of facilitating or perpetuating 29 gender transition shall be commenced either within 25 years from the day the claimant reaches 30 18 years of age or four years from discovery of both the injury and the causal relationship between 31 the treatment and the injury, whichever is later. "Gender transition" is defined in 32 G.S. 90-21.150(5) for the purposes of this subsection. 33 (e) A medical professional or entity may not seek a contractual waiver of the liability 34 arising in subsection (d) of this section. Any attempted waiver is contrary to the public policy of 35 this State and is null and void. 36 H.B. 606 Mar 31, 2025 HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRH40335-MC-180 (f) G.S. 90-21.19 does not apply to damages under subsection (d) of this section." 1 SECTION 2. This act is effective when it becomes law and applies to causes of 2 action accruing on or after that date. 3