ENSURING PATIENT SAFETY W/MAIL ORDER MEDS.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 553 (Public) Filed Thursday, March 27, 2025
AN ACT REVISING ABORTION-INDUCING DRUG LAWS.
Intro. by N. Jackson, Campbell, Potts, Balkcom.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Mar 31 2025)
H 553

Bill Summaries:

  • Summary date: Mar 27 2025 - View Summary

    Current law makes it unlawful for any individual or organization within the State to mail, provide, or supply an abortion-inducing drug directly to a pregnant woman without her proper voluntary, informed consent, in violation of GS 90-21.83A(b)(2)a. It also makes it unlawful for any manufacturer or supplier of an abortion-inducing drug to ship or cause to be shipped any such drug directly to a pregnant woman without her proper voluntary, informed consent, in violation of GS 90-21.83A(b)(2)a. 

    Amends GS 14-44.1 making it unlawful for any individual or organization to mail, provide, or supply an abortion-inducing drug unless all three conditions are satisfied: (1) at least 72 hours before mailing, providing, or supplying the drug, a qualified physician or professional informs the pregnant woman, in person, of the information contained in the consent to a medical abortion form as identified in GS 90-21.83A(b); (2) all informed consent requirements in GS 90-21.83A(b) are satisfied, except GS 90-21.83A(b)(2)b. pertaining to the probable gestational age of the unborn child; and (3) the drug must be FDA approved.

    Makes it unlawful for any manufacturer or supplier to ship or cause to be shipped any abortion inducing drug unless all three of the conditions above are satisfied.

    Makes technical change moving the prohibition of a lack of knowledge or intent that the abortion-inducing drug will be administered outside the physical presence of a physician as a defense to the end of the subsection (a) and makes the prohibition applicable to the entire subsection.

    Amends the punishment for an individual or organization that violates the section to a Class H felony (was, a noncriminal infraction subject to a $5,000 fine per violation).

    Adds six new subsections to GS 14-44.1 creating a civil cause of action for relief in court if this section is violated; these subsections (1) explain who can bring a civil action for relief; (2) define the statute of limitations; (3) outline the civil remedies a court can award in addition to any other civil or criminal penalties authorized by law (4) provide a cause of action against a supplier or manufacturer of abortion-inducing drugs allowing additional injunctive relief for a spouse, parent, or guardian of a woman who suffered an alleged violation of the manufacturer/supplier subdivision described above; (5) set out a penalty for frivolous or bad faith civil actions; and (6) requires any foreign nonprofit or business entity that ships, delivers, or procures abortion-inducing drugs to or in the state to have a certificate of authority from the Secretary of State.

    Effective December 1, 2025 and applies to offenses committed on or after that date.