REMOVE BARRIERS/GAIN ACCESS TO ABORTION ACT.

View NCGA Bill Details2021-2022 Session
House Bill 188 (Public) Filed Monday, March 1, 2021
AN ACT TO REMOVE BARRIERS TO GAIN ACCESS TO ABORTION ACT (RBG ACT).
Intro. by von Haefen, Butler, Fisher, Alston.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Mar 2 2021)
H 188

Bill Summaries:

  • Summary date: Mar 1 2021 - More information

    Identical to S 167, filed 3/1/21.

    Includes whereas clauses. 

    Section 1

    Repeals Article 1I of GS Chapter 90, the Woman's Right to Know Act. 

    Amends GS 14-45.1, which establishes when an abortion is unlawful. Eliminates the requirement for the Department of Health and Human Services (DHHS) to publish the results and findings for annual inspections of clinics where abortions are performed on the website DHHS is required to maintain under Article 1I, the Women's Right to Know Act. Maintains the requirement for the annual inspection results and findings to be published on DHHS's website. Eliminates the definition given for qualified physician, as the term is used in the statute. Instead, deems a person who is qualified to practice medicine under Article 1 of GS Chapter 90, a physician assistant as defined by GS 90-18.1, a nurse practitioner as defined by GS 90-18.2, and a certified nurse midwife to fulfill the requirements and functions designated for a physician. Makes conforming changes. Enacts new subsection (h) to define medical emergency to mean a condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including any psychological or emotional conditions, and excluding claims or diagnosis that the woman will engage in conduct which would result in her death or in substantial or irreversible physical impairment of a major bodily function (previously defined by statutory cross-reference to Article 1I, as repealed; enacts the substantively identical definition as previously cross-referenced).

    Enacts GS 90-21.4(c) to extend the same limited immunity designated for a physician treating a minor without parental consent pursuant to the statute to a person who is qualified to practice medicine under Article 1 of GS Chapter 90, a physician assistant as defined by GS 90-18.1, a nurse practitioner as defined by GS 90-18.2, and a certified nurse midwife. Enacts a new subsection to GS 90-21.9, which provides an exception for a physician not meeting the requirements of parental consent for medical treatment of a minor during a medical emergency that requires an immediate abortion, to deem those same described persons to fulfill the requirements and functions designated for a physician under the statute.

    Amends the following defined terms used in Article 1K, which prescribes prohibited abortions, to no longer define the terms by statutory cross-reference to GS 90-21.81 (the defined terms for Article 1I), but to instead provide substantively identical definitions as those previously referenced in Article 1I: abortion; attempt to perform an abortion; and woman.

    Amends GS 90-21.121, which prohibits sex-selective abortions, to deem a person who is qualified to practice medicine under Article 1 of GS Chapter 90, a physician assistant as defined by GS 90-18.1, a nurse practitioner as defined by GS 90-18.2, and a certified nurse midwife to fulfill the requirements and functions designated for a physician under the statute.

    Effective 30 days after the date the act becomes law and applies to acts on or after that date.

    Section 2

    Repeals GS 143C-6-5.5, which bars the use of State funds for the performance of abortions, or to support any governmental health plan or government-offered insurance policy offering abortion, unless the life of the mother would be endangered if the unborn child is carried to term, or the pregnancy is the result of rape or incest. Makes conforming changes to GS 135-48.50, concerning abortion coverage under the State Health Plan for Teachers and State Employees (SHP).

    Section 3

    Repeals GS 58-51-63, which holds similar prohibitions for abortion coverage under health plans offered through Health Benefit Exchanges under the federal Affordable Care Act, as specified, and operating in the State as those set out in GS 143C-6-5.5, as repealed.

    Effective 30 days after the date the act becomes law and applies to contracts entered into, amended, or renewed on or after that date.

    Section 4

    Amends GS 153A-92 and GS 160A-162 to no longer prohibit counties and cities from providing abortion coverage to their officers and employees that is greater than that providing by the SHP.

    Section 5

    Provides for the act's provisions to become effective 30 days after the act becomes law, unless specified otherwise. 


Printer-friendly: Click to view