Includes whereas clauses.
Establishes that the act is to be known as The Whole Woman's Health Act.
Renames GS 14-45.1 to When abortion not unlawful; abortion statistics; abortion opt-out for health care providers (currently, When abortion not unlawful).
Amends GS 14-45.1, establishing that is it not unlawful to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a health care provider operating within his or her scope of practice (current law provides that is is not unlawful, during the first 20 weeks of a woman's pregnancy, to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a qualified physician licensed to practice medicine in North Carolina in a hospital or clinic certified by the Department of Health and Human Services to be a suitable facility for the performance of abortions).
Establishes that it is not unlawful, after the twentieth week of a woman's pregnancy, to advice, procure, or cause a miscarriage or abortion when the procedure is performed by a qualified physician licensed to practice medicine in North Carolina in a hospital or clinic licensed or certified by the Department of Health and Human Services (currently, only when the procedure is performed by a qualified physician licensed to practice medicine in North Carolina in a hospital licensed by the Department and there is a medical emergency as defined in GS 90-21-81(5)).
Deletes subsection (b1), which required qualified physician's advising, procuring, or causing a miscarriage or abortion after the sixteenth week or twentieth week of a woman's pregnancy to record certain information or analysis and provide that information to the Department of Health and Human Services.
Deletes subsection (g), which defined qualified physician to mean (1) a physician who possesses, or is eligible to possess, board certification in obstetrics or gynecology; (2) a physician who possesses sufficient training based on established medical standards in safe abortion care, abortion complications, and miscarriage management; or (3) a physician who performs an abortion in a medical emergency as defined by GS 90-21.81(5).
Makes conforming changes.
Enacts Article 1L, Access to Abortion to GS Chapter 90, establishing that a State law or regulation that places a burden on a woman's access to abortion is unenforceable if the law or regulation does not confer legitimate health benefits when considering the burdens imposed by the law or regulation on abortion access together with the benefits conferred by the law or regulation. Establishes that a State law or regulation places a burden on access to abortion if the law: (1) forces abortion providers to cease providing abortions, (2) increases the time a woman must wait to have an abortion, (3) requires a meaningful increase in the distance a woman must travel to access care, (4) requires medically unnecessary visits to a health care facility or clinic, (5) requires a health care provider to perform a medical service that the provider would not otherwise perform, (6) increases the risk to a woman's health, (7) causes a meaningful increase in the cost of a procedure, (8) serves no purpose other than to stigmatize patients and abortion providers, or (9) serves no purpose or effect other than to decrease or eliminate access to abortion. Establishes that a State law or regulation confers a legitimate health benefit if it (1) expands women's access to medically accurate, comprehensive, and unbiased health care services or (2) increases patient safety, according to evidence-based research.
Repeals Articles 1I (Woman's Right to Know Act) and 1K (Certain Abortions Prohibited) of GS Chapter 90.
Effective October 1, 2017.
Bill S 588 (2017-2018)Summary date: Apr 4 2017 - View summary