AN ACT TO REQUIRE A TWENTY-FOUR-HOUR WAITING PERIOD AND THE INFORMED CONSENT OF A PREGNANT WOMAN BEFORE AN ABORTION MAY BE PERFORMED. Summarized in Daily Bulletin 4/8/11, 5/12/11, 6/7/11, and 6/8/11. Enacted July 28, 2011. Effective 90 days after July 28, 2011, and applies to claims for relief arising on or after October 1, 2011.
Summary date: Jul 28 2011 - View summary
Summary date: Jun 8 2011 - View summary
House amendment makes the following changes to 3rd edition. Removes provision from the act which required written consent for the performance of an abortion on a minor be signed and acknowledged before a notary public.
Summary date: Jun 7 2011 - View summary
House committee substitute makes the following changes to 2nd edition. Amends proposed GS 90-21.81 to include display a real-time view of the unborn child as a defined term. Rewrites proposed GS 90-21.85 to replace references to the term ultrasound with references to real-time view of the unborn child and related terms. Makes conforming changes.
Summary date: May 12 2011 - View summary
House committee substitute makes the following changes to 1st edition. Provides that the lack of knowledge of the physician or qualified professional (1) as to the name of the physician who will perform the abortion, (2) as to whether the physician has no malpractice insurance to cover liability in the performance or attempted performance of an abortion, or (3) as to the location of a hospital within 30 miles of the location where the abortion is to take place that offers obstetrical or gynecological care, and the inability to communicate such information to the woman seeking an abortion at least 24 hours prior to the abortion does not restart the 24-hour period. Deletes requirement that the printed materials prominently display the statement: “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique living human being.” Deletes the reporting requirements directing physicians to report specified data regarding the number of abortions performed. Renumbers the sections accordingly and makes conforming changes. Requires a physician who performs an abortion on a minor to retain a copy of the required written notarized consent for three years after the minor reaches the age of majority (was, retain for at least seven years or for five years after the minor reaches the age of majority, whichever is greater). Provides the act becomes effective 90 days after it becomes law and applies to claims for relief that arise on or after October 1, 2011 (was, on or after December 1, 2011). Makes additional clarifying changes.
Summary date: Apr 8 2011 - View summary
Section 1 enacts new Article 11 in GS Chapter 90 as title indicates. GS 90-21.81 defines terms used throughout the new Article. GS 90-21.82 provides that a woman must provide voluntary and informed consent to receive an abortion. It also specifies the information that a physician or qualified professional must provide orally (by telephone or in person) to the woman at least 24 hours before an abortion is performed. GS 90-21.83 specifies information that the Department of Health and Human Services (Department) must compile and make available in print and online. GS 90-21.84 requires the Department to develop and maintain a stable website to provide this information and monitor the site regularly for tampering. Information required to be provided by the Act must be available in English as well as each language that is the primary language of at least 2% of the state’s population. GS 90-21.85 requires that, except in medical emergencies, at least four hours before an abortion is performed, a provider must perform an obstetric ultrasound on the woman and provide her with specific information and the opportunity to view the images and hear the fetal heart tone. GS 90-21.86 specifies the information requirements that apply in medical emergency situations. GS 90-21.87 provides that for unemancipated minors, the required consent must be obtained from both the minor and from the adult individual authorized to give consent pursuant to GS 90-21.7(a). GS 90-21.88 requires the Department to create a system to collect numerous categories of data from physicians and to issue public reports about the data on an annual basis. Physicians failing to report or who submit incomplete reports may be subject to late fees and possibly sanctions for civil contempt. GS 90-21.89 authorizes civil remedies for violations of the Act, including an action for damages, injunctive relief and authorization for awarding attorneys’ fees. GS 90-21.90 directs the court in any proceeding brought under the Act to rule on whether the anonymity of the woman involved shall be preserved from public disclosure and specifies the findings that must be included in any such order. GS 90-21.91 requires that information required by the Act must be provided in person (except information specifically authorized to be provided by telephone) and in a language the woman understands. If the woman is unable to read written materials required by the Act, the materials must be read to the woman in a language she understands. GS 90-21.92 directs a physician who has reason to believe that a woman is being coerced into having an abortion to provide the woman with information about services available to her, including rape crisis centers, shelters for victims of domestic violence, and restraining orders. GS 90-21.93 includes a severability clause.
Section 2 amends GS 90-21.7, which governs consent for abortions performed upon unemancipated minors. Under current law, written consent must be obtained from both the minor and an adult (custodial parent, legal guardian or custodian, parent or grandparent with whom the minor is living). New subsection (a1) requires the written consent be notarized and retained in the minor’s record for a certain period of time.
Section 3 requires the Department to use appropriated funds to implement the Act.
Section 4 provides that the Act is effective 90 days after it becomes law and applies to claims for relief arising on or after December 1, 2011.