Bill Summaries: H1001 RIGHT TO USE CONTRACEPTION ACT.

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  • Summary date: May 3 2024 - View Summary

    Identical to S 808, filed 5/2/24.

    Adds new Article 1O, Right to Use Contraception, in GS Chapter 90, providing as follows.

    Sets out State policy that the State has no legitimate governmental interest in limiting the freedom to use contraception to prevent pregnancy.

    Defines contraception, contraceptive, and health care provider. Gives a person the right to obtain contraceptives and engage in contraception; gives a health care provider the right to provide contraception and contraception-related information. Requires that to defend against a claim that a law, regulation, or policy violates a health care provider's or patient's statutory rights, a party must establish, by clear and convincing evidence either: (1) that the law, regulation, or policy advances the safety of contraceptives, contraception, and contraception-related information and the safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative measure or action or (2) the law, regulation, or policy that is being applied to contraception is also being applied to other medically similar drugs, devices, or biological products.

    Prohibits the State or any city or county from administering, implementing, or enforcing any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that: (1) prohibits or restricts the sale, provision, or use of any contraceptives approved by the US Food and Drug Administration for contraceptive purposes; (2) prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the US Food and Drug Administration or utilizing any contraceptive methods; or (3) exempts any contraceptives approved by the US Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.

    Allows the Attorney General to commence a civil action on behalf of the State for any violations. Allows an individual or entity adversely affected by a violation to commence a civil action. Allows health care providers to commence an action on their own behalf, on behalf of their staff, and on behalf of their patients. Requires the court to set aside any violating law, rule, regulation, standard, or provision. Allows the court to award appropriate equitable relief, including injunctive relief.

    Appropriates $3 million for 2024-25 from the General Fund to the Department of Health and Human Services, Division of Health Benefits, to expand education programs related to the NC Medicaid Family Planning Program (aka “Be Smart”). Specifies that these funds provide a State match. Effective July 1, 2024.