ABORTION LAW REVISIONS.

View NCGA Bill Details2021
House Bill 1126 (Public) Filed Thursday, May 26, 2022
AN ACT TO PROVIDE THAT CHILD SUPPORT PAYMENTS BEGIN IN THE FIRST MONTH IN WHICH THE CHILD WAS CONCEIVED, TO PROHIBIT THE USE OF TELEHEALTH TO ADVISE ON USE OF OR PRESCRIBE ERECTILE DYSFUNCTION DRUGS, TO PROHIBIT THE USE OF STATE FUNDS FOR ERECTILE DYSFUNCTION DRUGS, TO PROHIBIT THE USE OF STATE FUNDS FOR CRISIS PREGNANCY CENTERS, TO PROHIBIT THE PERSON WHO CAUSED PREGNANCY THROUGH INCEST FROM CUSTODY OF THE CHILD, TO ALLOW FOR ABORTION AFTER TWENTY WEEKS FOR PREGNANCIES CAUSED BY RAPE OR INCEST OR WHERE THE UNBORN CHILD WILL NOT SURVIVE PREGNANCY, TO PROVIDE A RIGHT TO PRIVACY FOR A PERSON'S MEDICAL RECORDS AND INFORMATION, TO APPROPRIATE FUNDS TO THE STATE CRIME LABORATORY, AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR COSTS ASSOCIATED WITH PROVIDING DNA TESTS USED TO ESTABLISH THE PATERNITY OF A CHILD.
Intro. by Logan, K. Smith.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 31 2022)

Bill History:

H 1126

Bill Summaries:

  • Summary date: May 31 2022 - More information

    Part I.

    Amends GS 50-13.4 to require child support orders to begin with the first month in which the child was conceived, as determined by a licensed physician. Provides for delaying orders when paternity is disputed and retroactively awards support to the date in which the child was conceived upon the completion of paternity proceedings. Requires child support payments to cover medical expenses incident to the pregnancy and birth of the child, in addition to existing requirements to meet the reasonable needs of the child. Adds to the requirements of the uniform statewide presumptive guidelines for the computation of child support obligations adopted by the Conference of Chief District Judges to include ensuring that payments cover medical expenses incident to the pregnancy and birth of the child. 

    Eliminates the provision in GS 49-15 that requires the father to become responsible for medical expenses incident to the pregnancy and birth of the child when paternity is established. Directs the Conference of Chief District Court Judges to modify its uniform statewide presumptive guidelines for the computation of child support obligations adopted pursuant to GS 50-13.4, as amended.

    Applies to children conceived on or after the date the act becomes law.

    Part II.

    Enacts GS 90-18.8, prohibiting persons licensed to practice medicine under Article 1 from providing advice on the use of, or prescribing any drug used for, the treatment of erectile dysfunction. 

    Part III.

    Enacts GS 143C-6-5.6, prohibiting the use of State funds for the procurement or dispensation of erectile dysfunction drugs, or to support of the administration of any governmental health plan or government-offered insurance policy offering erectile dysfunction drugs. Excludes drugs being procured and dispensed for procreation. Applies beginning with the budget enacted for the fiscal year immediately following the date the act becomes law. 

    Amends GS 135-48.50 to prohibit the State Health Plan for Teachers and State Employees from providing coverage for erectile dysfunction drugs for which State funds could not be used under new GS 143C-6-5.6. 

    Part IV.

    Enacts GS 143C-6-5.7, prohibiting the provision of State funds to a nongovernmental, nonprofit entity that provides pregnancy services that do not include reproductive or abortion information or services. Applies beginning with the budget enacted for the fiscal year immediately following the date the act becomes law. 

    Part V.

    Expands GS 50-13.1 to include convictions under GS 14-178, incest, in those which bar an individual from claiming custody of a minor child when such actions resulted in conception of that child. 

    Part VI.

    Amends GS 14-45.1(b) to expand the criteria under which an abortion is lawful after the twentieth week of pregnancy. Now includes when a qualified physician determined that the unborn child would not survive the pregnancy, or when the pregnancy resulted from an offense resulting in a conviction of first or second degree forcible rape, statutory rape by an adult, first degree statutory rape, or incest (GS 14-27.21, 14-27.22, 14-27.23, 14-27.24, or 14-178). Revises the required findings and analysis under subsection (b1) to include recording the findings and analysis on which the qualified physician based the determination that the unborn child would not survive the pregnancy, or the findings on which the qualified physician determined the pregnancy resulted from one of the specified criminal convictions, and providing the information to the Department of Health and Human Services (DHHS).

    Part VII.

    Enacts GS 90-21.19A, authorizing a health care provider to deny access to a patient's medical records and information to another health care provider, individual, or entity that requests information. Allows for the provider to provide reasonable access or a signed, written summary of the records, if the provider determines that the request can reasonably be expected to cause substantial and identifiable harm to the subject or others, and that harm outweighs the patient's right of privacy to the records. 

    Part VIII.

    Appropriates $500,000 from the General Fund to the Department of Justice, State Crime Laboratory, for the fiscal year following the date the act becomes law to be used for necessary equipment and resources. 

    Part IX.

    Appropriates $500,000 from the General Fund to DHHS for the fiscal year following the date the act becomes law to be used for costs of providing DNA tests for establishing paternity.

    Part X.

    Provides a severability clause. Provides a savings clause for prosecutions for offenses committed before the date the act becomes law.

    Effective on the 30th day after the date abortion becomes illegal in the state. 


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