Bill Summaries: S353 RBG ACT.

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  • Summary date: Mar 22 2023 - View Summary

    Identical to H 439, filed 3/22/23.

    Includes whereas clauses.

    Amends GS 14-45.1 (pertaining to when abortion is not unlawful) as follows. Removes 20-week time limit to obtain abortion to now allow abortion before a pregnancy is viable. Allows abortions to be performed by qualified health care providers instead of limiting the procedures to physicians meeting certain licensure and certification requirements.  Defines qualified healthcare providers. Removes requirements that the Department of Health conduct annual inspections of facilities where abortions are performed. Allows for abortions performed by a healthcare provider beyond viability if there is a medical emergency (defined as a condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant person as to necessitate the immediate termination of the pregnancy to avert her death or for which a delay will create serious risk of substantial and/or irreversible physical impairment, including any psychological or emotional conditions). Removes reporting requirements and data collection requirements related to abortion. Removes provisions authorizing health care providers to decline to perform abortions who have an objection to the procedure and immunizing them from liability if so. Removes provisions specifying that GS 14-45.1 does not require hospitals or other health care institutions or providers to provide abortion services. Deletes definition of qualified physician.

    Enacts Article 1M in GS Chapter 90, to be known as "Codify Roe and Casey Protections" providing as follows. Sets out the Article's purpose. Prohibits the State from imposing an undue burden on the ability of a woman to choose whether to terminate a pregnancy before fetal viability. Specifies that the State may restrict the ability of a woman to choose whether to terminate a pregnancy after fetal viability, unless termination is necessary to preserve the woman's life or health. Defines undue burden to mean any burden that places a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability. Specifies that the Article does not affect laws regarding conscience protection.

    Amends GS 90-21.9 (medical emergency exception for parental consent/judicial bypass for abortions) to allow persons qualified to practice medicine, a physician assistant, a nurse practitioner, or certified nurse midwife to fulfill the requirements for a physician to determine whether or not there is a medical emergency that requires an immediate abortion.  Amends GS 90-21.4 to extend the immunity provided to physicians to these same healthcare professionals. Amends GS 90-21.5 (pertaining to a minor’s ability to consent to medical treatment) to remove language specifying that the section does not authorize abortion.  

    Amends GS 91-21.120 (pertaining to certain prohibited abortions) to amend the definition of abortion to mean use or prescription of any instrument, medicine, drug, or other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth. (currently, definition is a statutory cross reference to GS 90-21.81). Removes the terms "attempt to perform an abortion" and "woman." Repeals GS 90-21.121 (banning sex-selective abortions). Repeals the Woman’s Right to Know Act (Article 1I of GS Chapter 90). Repeals GS 143C-6-5.5 (limiting use of state funds for abortions).

    Amends GS 135-48.50 (pertaining to state health plan for teachers and state employees) to remove bar on coverage for abortions for which state funds cannot be used and makes conforming changes.

    Repeals GS 58-51-63 (barring health care insurance plans offered through the exchange from covering abortions subject to certain exceptions). Effective 30 days after the act becomes law and applies to contracts entered into, amended, or renewed on or after that date. 

    Amends GS 153A-92 (counties) and GS 160A-162 (cities) to remove ban on abortion coverage provided by counties or cities being greater than the state health plan.