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  • Summary date: Apr 24 2024 - View Summary

    Section 1.

    Repeals the following additions to Article 1I of GS Chapter 90, enacted by SL 2023-14 (pertaining to abortion laws): GS 90-21.81A (making it unlawful to advise, procure, or cause a miscarriage or abortion after the 12th week of a woman's pregnancy, and for a qualified physician, any healthcare provider, or any person to perform a partial-birth abortion at any time); GS 90-21.81B (describing four instances of a lawful miscarriage or abortion); GS 90-21.81C (abortion reporting, objection, and inspection requirements); GS 90-21.81D (requirements for qualified physicians to procure or cause a miscarriage or abortion upon determination that there exists a life-limiting anomaly); GS 90-21.83A (barring performing a medical abortion without voluntary and informed consent); GS 90-21.83B (establishing requirements for a physician prescribing, administering, or dispensing an abortion-inducing drug); GS 90-21.83C (requiring certain physician disclosures prior to performance of surgical or medical abortion); GS 90-21.88A (pertaining to violations of Article 1I); and GS 90-21.93 (pertaining to reporting requirements).  

    Repeals the amendments to: GS 90-21.81 (definitions provisions of Article 1I), GS 90-21.82 (informed consent for surgical abortions), GS 90-21.83 (pertaining to required printed information), GS 90-21.84 (required information on Department of Health and Human Services [DHHS] website), GS 90-21.85 (pertaining to display of real-time view requirement), GS 90-21.87 (regarding informed consent of a minor), GS 90-21.88 (civil remedies), GS 90-21.90 (regarding assurance of informed consent), GS 90-21.120 (definitions), GS 90-21.121 (eugenic abortions), and GS 90-21.6 (definitions).

    Repeals GS 14-44.1 (providing or advertising abortion-inducing drugs to pregnant woman).  

    Undoes the repeal of GS 14-45.1 (definition of abortion) and the requirement that DHHS adopt rules necessary pertaining to abortion care facilities.  

    Retroactive to July 1, 2023.

    Repeals GS 90-21.82A (pertaining to facilities for the performance of surgical abortions); Part 4A, pertaining to “Abortion Care Licensure,” to Article 6 of GS Chapter 131E; and changes to GS 131E-272 (initial licensure fees for abortion clinics), retroactive to October 1, 2023.

    Section 2.

    Enacts new GS 90-21.94, which provides that females in the State have the right to access reproductive healthcare in other states. Makes it lawful to assist or support an individual seeking an abortion or obtaining contraception in another state. Exempts abortions performed or initiated in another state from the civil remedies provisions of GS 90-21.88. 

    Section 3.

    Enacts new GS 14-277.9, making it a Class H felony to engage in any one of four specified acts towards a person seeking an abortion, including threats, harassment, misuse of personal information, or blocking ingress or egress of a healthcare facility. Effective December 1, 2024.

    Section 4.

    Amends GS 99D-1 to provide for a private right of action for any of the acts described in Section 3, with remedies including injunctions, compensatory and punitive damages, and costs and attorneys’ fees.  Requires actions to be brought within the later of 25 years of the conduct or four years after discovery of the conduct. Effective October 1, 2024, and applies to violations committed on or after that date. 

    Section 5.

    Enacts the Right to Use Contraception Act (Article 44 to GS Chapter 90), declaring that the “right to use contraception implicates the fundamental liberty to prevent pregnancy. It is the policy of the State of North Carolina that this State has no legitimate governmental interest in limiting the freedom to use contraception to prevent pregnancy.”

    Section 6.

    Enacts the Emergency Contraception Financial Privacy Act (Article 52 to GS Chapter 66), which prevents merchants, payment card networks, banks, or retailers from (1) assigning a payment code or other code that identifies a transaction as made for emergency contraception, (2) maintaining a record of individuals in the State who have purchased emergency contraception, and (3) knowingly disclosing the identity of an individual who has purchased emergency contraception.

    Section 7.

    Enacts new GS 90-21.95, which specifies that no person who provides transportation to a woman to a healthcare facility where an abortion is performed on that woman is criminally liable for the sole reason of providing transportation.

    Section 8.

    Makes it unlawful under new GS 90-21.96 for an individual or entity to geofence (defined as technology that uses global positioning coordinates, cell tower connectivity, cellular data, radio frequency identification, Wi-Fi data, or any other form of spatial or location detection to establish a virtual boundary around a specific physical location or to locate a consumer within a virtual boundary) within a one-mile radius of any healthcare facility that performs abortions if it used for any one of three specified purposes.

    Section 9.

    Enacts new GS 14-44.2, which makes it an infraction subject to a fine of $5,000 for an internet service provider, search engine, website, or other industry-related types of entities to disclose protected information related to an individual's decision to obtain an abortion, information about abortion, or abortion providers to a third party or law enforcement agency. Provides for an exception if the disclosure is made pursuant to a court order or valid search warrant. Applies to offenses committed on or after December 1, 2024.

    Section 10.

    Amends GS 90-21.88 (civil remedies pertaining to abortion laws) to specify that no father of an unborn child aborted or husband of a woman who had an abortion may bring an action against six specified persons, including the woman who had the abortion.

    Section 11.

    Enacts new GS 131E-269.5, providing as follows.

    Requires pregnancy crisis centers to obtain a certification from DHHS. Provides for application process and annual $900 certification fee; inspections of pregnancy crisis centers; review of writings or other records pertaining to the admission, discharge, medication, treatment, medical condition, or history of persons who are or have been patients of the facility being inspected unless that patient objects, in writing, to review of that patient's records; and provides for facility to give notice of DHHS’s right to inspection/review of records.  Prevents the transfer or assignment of the certification. Prevents a facility from providing medical advice to its patients or performing any medical procedures on them, unless the advice or procedure is provided by a healthcare professional licensed under GS Chapter 90 acting within the scope of the healthcare professional's license. New GS 131E-269.6 prevents a crisis pregnancy center from receiving State funding unless it discloses to its patients that there are alternatives to continuing a pregnancy, including abortion. Specifies that failure to provide medically accurate information pertaining to abortion is grounds for revocation of State funding. Provides for annual reports by crisis pregnancy centers to the State, and required specified disclosures to the public. Requires DHHS to adopt rules determining what qualifies as medically accurate information for abortion.

    Section 12.

    Amends definition of medical emergency in GS 90-21.81 (definitions provisions of the Abortions Laws article) to mean 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 (currently, defined as 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. For purposes of this definition, no condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function). Amends GS 90-21.86 (pertaining to procedures in cases of medical emergency) to specify that notwithstanding the disclosure requirements in the Abortion Laws article, an abortion performed because of a medical emergency or  life-limiting anomaly may be performed as soon as the physician diagnosing the anomaly deems it reasonable to do so. Makes conforming changes.

    Section 13.

    Enacts new GS 90-21.97, which requires DHHS to establish and implement measures to ensure the privacy of individuals seeking reproductive health services, including, but not limited to, abortion services.  Specifies that any records related to the provision or seeking of reproductive health services, including abortion services, will be treated with the utmost confidentiality in accordance with the applicable State and federal laws.

    Section 14.

    Appropriates $1 million in nonrecurring funds from the General Fund to DHHS for 2024-25 to implement and promote awareness of these changes in reproductive health services laws. Requires that the funds be allocated for public education campaigns, training healthcare professionals, ensuring access to safe and legal abortion services, and protecting the privacy of individuals seeking reproductive health services. Effective July 1, 2024.

    Section 15.

    Contains severability clause.