REPRODUCTIVE FREEDOM ACT.

View NCGA Bill Details2021
House Bill 1119 (Public) Filed Thursday, May 26, 2022
AN ACT TO CODIFY ROE V. WADE AND PLANNED PARENTHOOD V. CASEY IN STATE LAW, TO REPEAL VARIOUS PROHIBITIONS AND RESTRICTIONS ON ABORTION SERVICES, AND TO APPROPRIATE FUNDS TO ASSIST IN IMPLEMENTING THE PROVISIONS OF THE REPRODUCTIVE FREEDOM ACT.
Intro. by Morey, Cunningham, von Haefen.

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

Bill History:

H 1119

Bill Summaries:

  • Summary date: May 31 2022 - More information

    Includes whereas clauses. 

    Adds new Article 1M, Reproductive Freedom Act, in GS Chapter 90, providing as follows. Sets out the act's purpose. Allows a health care provider (defined as a person who provides maternal health care) to provide abortion services to a patient, and gives the patient a statutory right to receive those services, without the following: (1) a requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services, unless required for the provision of medically comparable services; (2) a requirement that the same health care provider who provides abortion services also perform specified tests, services, or procedures prior to or subsequent to the abortion; (3) a requirement that a health care provider offer or provide the patient seeking abortion services medically inaccurate information in advance of or during abortion services; (4) a limitation on a health care provider's ability to prescribe or dispense drugs based on current evidence-based regimens or the provider's good-faith medical judgment, other than a limitation generally applicable to the medical profession; (5) a limitation on a health care provider's ability to provide abortion services via telemedicine or telehealth, other than a limitation generally applicable to a health care provider's ability to provide medical or health care services via telemedicine or telehealth generally as applied to each health care provider's scope of practice; (6) a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at those facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed; (7) a requirement a patient make one or more medically unnecessary in-person visits to a health care provider providing abortion services or to any individual or entity that does not provide abortion services, prior to obtaining an abortion; (8) a prohibition or restriction on abortion at any point or points in time before fetal viability; (9) a prohibition on abortion after fetal viability when, in the provider's good-faith medical judgment, continuation of the pregnancy would pose a risk to the pregnant patient's life or health or there is a medical emergency; (10) a limitation on a health care provider's ability to provide immediate abortion services when that health care provider believes, based on their good-faith medical judgment, delay of abortion services would pose a risk to the patient's health; and (11) a requirement a patient seeking abortion services at any point or points in time before fetal viability disclose the patient's reason or reasons for seeking abortion services, or a limitation on the provision or obtaining of abortion services at any point or points in time before fetal viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider's degree of actual or constructive knowledge of such reason.

    Prohibits limiting the statutory right for abortion services through requirements that: (1) single out the provision of abortion services, health care providers who provide the abortion service, or facilities in which those service are provided; (2) impede access to abortion services; or (3) is the same as or similar to one or more of the limitations or requirements set out above.

    Specifies that the factors a court may consider in determining whether a limitation or requirement impedes access to abortion services include the seven listed factors, including whether the limitation or requirement is reasonably likely to delay or deter some patients in accessing abortion services; whether the limitation or requirement is reasonably likely to increase the cost of providing or obtaining abortion services, including costs associated with travel, child care, or time off from work; and whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in the State or a geographic region.

    Specifies that the Article does not authorize any State agency to interfere with a person's ability to terminate a pregnancy, diminish or in any way negatively affect a person's constitutional right to terminate a pregnancy, or to displace any other remedy for a violation of that constitutional right.

    Includes a severability clause in the Article.

    Repeals the following: (1) Article 1I (Woman's Right to Know Act) of GS Chapter 90; (2) Article 1K (prohibiting abortions based on specified reasons for abortion) of GS Chapter 90; (3) GS 58-61-63; (4) GS 143C-6-5.5 (which prohibited using State funds for the performance of abortions or to support the administration of any governmental health plan or government-offered insurance policy offering abortion).

    Makes conforming changes to GS 135-48.50 which sets out coverage mandates for the State Health Plan. Effective 30 days after becoming law and applies to contracts entered into, amended, or renewed on or after that date.

    Amends GS 153A-92(d) to no longer prohibit a county, in providing health insurance to county officers and employees, from providing abortion coverage greater than that provided by the State Health Plan. Amends GS 160A-162(b) to no longer prohibit a city council, in providing health insurance to city employees, from providing abortion coverage greater than that provided by the State Health Plan.

    Repeals the following: (1) GS 14-44 (which prohibits using drugs or instruments to destroy unborn child); (2) GS 14-45 (which prohibits using drugs or instruments to produce miscarriage or injure pregnant woman); and (3) GS 14-45.1 (which sets out when abortion is not unlawful).

    Appropriates $2 million in recurring funds for 2022-23 from the General Fund to the Department of Health and Human Services to provide grants to federally qualified community health centers, local health departments, and hospitals to provide all FDA-approved methods of birth control, reproductive medical care, and long-acting, reversible contraceptives to underserved, uninsured, or medically indigent patients.


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