Bill Summaries: S404 (2021)

  • Summary date: Mar 30 2021 - View summary

    Amends GS 90-21.82, which requires voluntary, informed consent for an abortion to be performed upon a woman. Adds to the conditions which must be met to constitute voluntary, informed consent, a requirement for any physician who prescribes, dispenses, or otherwise provides any drug or chemical for abortion inducing purposes to furnish the patient as part of her discharge instructions written information made available by the Department of Health and Human Services (DHHS), pursuant to GS 90-21.83 (amended below), immediately after administering the first drug or chemical. Further requires the woman to certify, in writing, that she has been furnished with the specified information and informed of her opportunity to review the information. Makes technical and clarifying changes.

    Amends GS 90-21.83, directing DHHS to publish and make available online materials designed to inform a woman about the possibility of reversing a drug-induced abortion. Provides statement language and font requirements. Mandates DHHS to cause this information to also be made available on the homepage of the state website for the Woman's Right to Know Act. Makes conforming, technical and clarifying changes. 

    Directs DHHS to, within 90 days of the effective date, (1) publish the information described in GS 90-21.83(a)(3), as amended above, to the homepage of the state website for the Woman's Right to Know Act, and (2) make the same information available in printed materials to any physician, upon request, at no cost.

    Makes the above provisions effective September 1, 2021, and applies to acts occurring on or after that date.

    Makes the following changes to GS 14-45. Expands the statute, making it a Class I felony to administer or prescribe, or advise and procure for a pregnant woman to take anything with the intent to procure an abortion, or use any instrument for the same purpose (currently limited to causing a miscarriage). Makes the following provisions of Article 1I of GS Chapter 90, the Women's Right to Know Act, applicable to violations of GS 14-45, including conspiracies, soliciting, and attempting violations of the statute: the civil remedies of GS 90-21.88; the definitions of abortion and attempt to perform an abortion under GS 90-21.81(1) and (2); the protection of privacy under GS 90-21.89, and the severability provisions of GS 90-21.92. Bars persons who caused the pregnancy by criminal conduct from pursuing civil remedies. Prohibits the pregnant woman from being a defendant in either a criminal or civil proceeding. Effective September 1, 2021, and applies to acts occurring on or after that date.

    Includes a severability clause. Effective September 1, 2021, and applies to abortions performed on or after that date.