The Governor vetoed the act on 06/25/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/52354/0/H453-BD-NBC-9048.
Bill H 453 (2021)Summary date: Jun 25 2021 - View summary
Bill H 453 (2021-2022)Summary date: May 4 2021 - View summary
House committee substitute to the 1st edition makes the following changes.
Modifies the proposed changes to GS 14-45.1(b1), regarding required recordkeeping and reporting by a physician who advises, procures, or causes a miscarriage or abortion after the sixteenth week of a woman's pregnancy, to require the physician to provide a signature attesting that the information that is contained in the report to the Department of Health and Human Services is true and correct to the best of the physician's knowledge, without a requirement for the attestation to be made under oath.
Makes a technical correction to the act's short title.
Bill H 453 (2021-2022)Summary date: Mar 30 2021 - View summary
Includes whereas clauses.
Makes the following changes to Article 1K, GS Chapter 90, which prohibits certain abortions.
Adds conception and physician to the defined terms set forth in GS 90-21.120.
Expands GS 90-21.121 to prohibit performing or attempting to perform an abortion unless the physician scheduled to perform or attempt to perform the abortion has confirmed before the abortion that the woman is not seeking an abortion because of (1) the actual or presumed race or racial makeup of the unborn child, (2) the sex of the unborn child, or (3) the presence or presumed presence of Down syndrome (previously, prohibited from performing or attempting to perform an abortion when with knowledge or a reasonable belief that a significant factor in the women seeking the abortion is the sex of the unborn child). Eliminates the provision that specifies that the statute does not place an affirmative duty on a physician to inquire as to whether the sex of the unborn child is a significant factor in the woman seeking the abortion. Adds a new provision explicitly prohibiting intentionally or knowingly performing or attempting to perform or induce an abortion of an unborn child if sought because of the actual or presumed race or sex of the unborn child or because of the presence or presumed presence of Down syndrome. Makes conforming changes to the statute's title.
Adds to the information a qualified physician must record when advising, procuring, or causing a miscarriage or abortion after the 16th week of pregnancy under GS 14-45.1 to include whether the race, sex, or presence or presumption of Down syndrome in the unborn child has been detected prior to the abortion by any type of genetic testing or ultrasound, or any other form of testing, and a statement confirming that the woman did not tell the physician and the physician has reason to believe that the woman did not seek the abortion because of the unborn child's actual or presumed race or sex or the presence or presumed presence of Down syndrome, as well as probable health consequences of the abortion. Adds a new requirement for the physician to provide a signature attesting under oath that the information contained in the report is true and correct to the best of the physician's knowledge.
Applies to all abortions performed on or after September 1, 2021.