A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE practice of the "rebirthing" TECHNIQUE.
Whereas, United States Representative Sue Myrick, a member of the North Carolina congressional delegation, introduced House Concurrent Resolution 435 in Congress encouraging states to outlaw "rebirthing"; and
Whereas, the United States Congress adopted House Concurrent Resolution 435, which passed the House of Representatives by a vote of 397‑0; and
Whereas, in House Concurrent Resolution 435, the United States Congress expressed the sense that the technique known as "rebirthing", a form of "attachment therapy", is a dangerous and harmful practice and should be prohibited; and
Whereas, Candace Newmaker, a child from North Carolina, died from use of the "rebirthing technique", and four other children have died from other forms of "attachment therapy"; and
Whereas, the American Psychological Association does not recognize "rebirthing" as proper treatment; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Article 52 of Chapter 14 of the General Statutes is amended by adding the following new section to read:
"§ 14-401.21.  Practicing "rebirthing technique"; penalty.
(a)	It is unlawful for a person to practice a technique, whether known as a "rebirthing technique" or referred to by any other name, to reenact the birthing process in a manner that includes restraint and creates a situation in which a patient may suffer physical injury or death.
(b)	A violation of this section is punishable as follows:
(1)	For a first offense under this section, the person is guilty of a Class A1 misdemeanor.
(2)	For a second or subsequent offense under this section, the person is guilty of a Class I felony."
SECTION 2.  G.S. 122C‑60(a) reads as rewritten:
"(a)	Physical restraint or seclusion of a client shall be employed only when there is imminent danger of abuse or injury to the client or others, when substantial property damage is occurring, or when the restraint or seclusion is necessary as a measure of therapeutic treatment. For purposes of this section, a technique to reenact the birthing process as defined by G.S. 14‑401.21 is not a measure of therapeutic treatment. All instances of restraint or seclusion and the detailed reasons for such action shall be documented in the client's record. Each client who is restrained or secluded shall be observed frequently, and a written notation of the observation shall be made in the client's record."
SECTION 3.  Section 1 of this act becomes effective December 1, 2003, and applies to offenses committed on and after that date.  The remainder of this act is effective when it becomes law.