A BILL TO BE ENTITLED
AN ACT TO REPEAL THE LAW THAT AUTHORIZES THE INVOLUNTARY STERILIZATION OF PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED AND TO MAKE CONFORMING CHANGES TO THE GENERAL STATUTES.
The General Assembly of North Carolina enacts:
PART I. REPEAL THE LAW AUTHORIZING INVOLUNTARY STERILIZATIONS.
SECTION 1.  Article 7 of Chapter 35 of the General Statutes is repealed.
PART II. CONFORMING CHANGES TO THE GENERAL STATUTES.
SECTION 2.  G.S. 7A‑451(a)(10) is repealed.
SECTION 3.  G.S. 35A‑1203(e) reads as rewritten:
"(e)	Where a guardian or trustee has been appointed for a ward under former Chapter 33 or former Chapter 35 of the General Statutes, the clerk, upon his own motion or the motion of that guardian or trustee or any other interested person, may designate that guardian or trustee or appoint another qualified person as guardian of the person, guardian of the estate, or general guardian of the ward under this Chapter; provided, the authority of a guardian or trustee properly appointed under former Chapter 33 or former Chapter 35 of the General Statutes to continue serving in that capacity is not dependent on such motion and designation."
SECTION 4.  G.S. 35A‑1241(a) reads as rewritten:
"(a)	To the extent that it is not inconsistent with the terms of any order of the clerk or any other court of competent jurisdiction, a guardian of the person has the following powers and duties:
(1)	The guardian of the person is entitled to custody of the person of his ward and shall make provision for his ward's care, comfort, and maintenance, and shall, as appropriate to the ward's needs, arrange for his training, education, employment, rehabilitation or habilitation. The guardian of the person shall take reasonable care of the ward's clothing, furniture, vehicles, and other personal effects that are with the ward.
(2)	The guardian of the person may establish the ward's place of abode within or without this State. In arranging for a place of abode, the guardian of the person shall give preference to places within this State over places not in this State if in‑State and out‑of‑State places are substantially equivalent. He also shall give preference to places that are not treatment facilities. If the only available and appropriate places of domicile are treatment facilities, he shall give preference to community‑based treatment facilities, such as group homes or nursing homes, over treatment facilities that are not community‑based.
(3)	The guardian of the person may give any consent or approval that may be necessary to enable the ward to receive medical, legal, psychological, or other professional care, counsel, treatment, or service. He may not, however, consent to the sterilization of a mentally ill or mentally retarded ward. The guardian of the person may give any other consent or approval on the ward's behalf that may be required or in the ward's best interest. He may petition the clerk for the clerk's concurrence in the consent or approval."
SECTION 5.  G.S. 90‑21.13(e) reads as rewritten:
"(e)	In the event of any conflict between the provisions of this section and those of Articles 1A and 19 of Chapter 90, the provisions of those Articles shall control and continue in full force and effect."
SECTION 6.  G.S. 90‑275 is repealed.
SECTION 7.  G.S. 108A‑14(a)(10) is repealed.
SECTION 8.  G.S. 148‑22.22 reads as rewritten:
"§ 148‑22.2.  Procedure when surgical operations on inmates are necessary.
The medical staff of any penal institution of the State of North Carolina is hereby authorized to perform or cause to be performed by competent and skillful surgeons surgical operations upon any inmate when such operation is necessary for the improvement of the physical condition of the inmate. The decision to perform an operation shall be made by the chief medical officer of the institution, with the approval of the superintendent of the institution, and with the advice of the medical staff of  the institution. No operation shall be performed without the consent of the inmate; or, if the inmate is a minor, without the consent of a responsible member of the inmate's family, a guardian, or one having legal custody of the minor; or, if the inmate be non compos mentis, then the consent of a responsible member of the inmate's family or of a guardian shall be obtained. Any surgical operations on inmates of State penal institutions shall also be subject to the provisions of Article 1A of Chapter 90 of the General Statutes and G.S. 90‑21.13 and G.S. 90‑ 21.14.
If the operation on the inmate is determined by the chief medical officer to be an emergency situation in which immediate action is necessary to preserve the life or health of the inmate, and the inmate, if sui juris, is unconscious or otherwise incapacitated so as to be incapable of giving consent or in the case of a minor or inmate non compos mentis, the consent of a responsible member of the inmate's family, guardian, or one having legal custody of the inmate cannot be obtained within the time necessitated by the nature of the emergency situation, then the decision to proceed with the operation shall be made by the chief medical officer and the superintendent of the institution with the advice of the medical staff of the institution.
In all cases falling under this Article [section], the chief medical officer of the institution and the medical staff of the institution shall keep a careful and complete record of the measures taken to obtain the permission for the operation and a complete medical record signed by the medical superintendent or director, the surgeon performing the operation and all surgical consultants of the operation performed.
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SECTION 9.  This act is effective when it becomes law and applies to all petitions for sterilization pending and orders authorizing sterilization that have not been executed as of the effective date of this act.