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.

Appropriates $1.5 million for 2024-25 in nonrecurring funds from the General Fund to the Office of State Budget and Management, to provide a directed grant to the Kellin Foundation to be used as title indicates. Effective July 1, 2024.

 

 

 

Includes whereas clauses.

Part I.

Enacts new GS 130A-33.62, providing as follows. Requires the Department of Health and Human Services (DHHS) to develop, in collaboration with (1) community-based organizations led by black women that serve primarily black birthing people and (2) a historically black college or university or other institution that primarily serves minority populations to create or identify an evidence-based implicit bias training program (training program) for maternal care professionals involved in perinatal care (the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods). Sets out 12 minimum components of the training program, including identification of previous or current unconscious biases and misinformation; identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion; corrective measures to decrease implicit bias at the interpersonal and institutional levels; and information about how to communicate more effectively across identities. Requires all maternal care professionals to complete the training program, specifying deadlines for completion depending on whether the individual is licensed before or after January 1, 2025. Requires proof of completion for license/registration/accreditation/certification renewal. Defines a maternal care provider as including both: (1) a health care professional involved in perinatal care and (2) a mental health professional who provides mental health or substance use disorder services to women during pregnancy, the postpartum period, or both. Encourages DHHS to seek opportunities to make the training program available to all health care professions and to promote its use among four specified types of providers and programs. Requires DHHS to collect specified information related to maternal mortality to inform ongoing improvements to the training program.

Enacts GS 130A-33.63 specifying that a patient getting care at a perinatal care facility (a hospital, clinic, or birthing center providing perinatal care in the state) has six listed rights, including: to be informed of continuing health care requirements following discharge; to actively participate in decisions regarding the patient's medical care and the right to refuse treatment; and to receive care and treatment free from discrimination on the basis of age, race, ethnicity, color, religion, ancestry, disability, medical condition, genetic  information, marital status, sex, gender identity, gender expression, sexual orientation, socioeconomic status, citizenship, nationality, immigration status, primary language, or language proficiency. Requires perinatal care facilities to provide patients upon admission with a written copy of the rights.

Appropriates $1.5 million in recurring funds for 2024-25 from the General Fund to the DHHS, Division on Public Health, to be allocated in the specified amounts for: (1) costs in developing and administering the implicit bias training and (2) an allocation to the Women, Infant, and Community Wellness Section to support the North Carolina Maternal Mental Health MATTERS Program.

Part II.

Requires DHHS to establish and administer a Perinatal Education Grant Program to award grants to entities to establish or expand perinatal education program in rural, underserved, or low-wealth areas of the state. Defines a perinatal education program as one that operates for the primary purpose of educating pregnant women and their families about healthy pregnancy, preparation for labor and birth, breastfeeding, newborn care, or any combination of these.

Requires, beginning July 1, 2024, that DHHS: (1) conduct outreach to encourage eligible applicants to apply for grants and (2) provide application assistance to eligible applicants on best practices for applying for the program’s grants. Sets out criteria for classes of entities that are to be given special consideration. Sets the range for a single grant’s amount from $10,000 to $50,000. Terminates the Grant Program on June 30, 2025.

Requires DHHS to report by October 1, 2026, to the specified NCGA committee and division on: (1) funds expended for the program for the 2024-25 fiscal year; (2) assessment of the effectiveness of programs funded by these grants in improving maternal health outcomes for black women; and (3) recommendations for future grant programs to be administered by DHHS and for future funding opportunities for community-based organizations to improve maternal health outcomes for black women through programs and resources  aligned with evidence-based practices for improving maternal health outcomes for black women.

Appropriates $1.5 million for 2024-25 from the General Fund to the DHHS, Division of Public Health, to fund the Grant Program. Allows DHHS to use up to 10% of the funds for administrative purposes.

Part III.

Effective July 1, 2024, appropriates $2 million for 2024-25 in recurring funding from the General Fund to DHHS, Division of Public Health, to develop a training program for community health works that provides comprehensive education on the warning signs of complications after birth. Requires that the training be provided for free to community health workers serving rural, underserved, or low-wealth areas of the state. Sets out the definition of a community health worker.

Part I.

Title the act, “Freedom from Fentanyl Act.”

Part II.

Enacts new GS 14-401.28 making it a Class 2 misdemeanor for any person, firm, or corporation to sell or purchase any vapor products within 1,000 linear feet of the property line of: (1) a church, chapel, meetinghouse, synagogue, temple, longhouse, or mosque, or other building that is regularly used, and clearly identifiable, as a place for religious worship; (2) a child care facility; (3) a public school unit, or any nonpublic school; (4) a community college under the jurisdiction of the State Board of Community Colleges; or (5) the facilities of The University of North Carolina and the grounds of those facilities. Applies to offenses committed on or after December 1, 2024.

Part III.

Creates the Fentanyl Misuse Task Force, consisting of representatives of the 12 specified entities, to study and make recommendations to the NCGA and Governor on ways to combat fentanyl misuse in the state. Sets out provisions governing election of a chair, meetings, quorums, and expenses. Requires a interim report to the 2025 General Assembly when it convenes in 2026 and a final report to the 2027 General Assembly and terminates the Task Force upon filing of the final report.

Part IV.

Effective July 1, 2024, appropriates $15 million in recurring funds for 2024-25 from the General Fund to the Department of Health and Human Services, Division of Public Health (Division), to purchase opioid-related antagonists and reduce the number of opioid-related deaths.

Requires local health departments that receive the opioid antagonists to distribute them for free to state residents. Requires the Division to collaborate with local health departments to ensure efficient and widespread distribution of the opioid antagonists.

Part I.

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 or not to terminate a pregnancy before fetal viability. Specifies that the State may: (1) restrict the ability of a woman to choose whether or not to terminate a pregnancy after fetal viability, unless termination is necessary to preserve the woman's life or health or (2) enact laws, rules, or regulations, to further the health or safety of a woman seeking to terminate a pregnancy. 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 have an effect on laws regarding conscience protection. 

Part II.

Enacts new GS 90-21.94, which provides that women 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. 

Part III.

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.

Part IV.

Amends GS 99D-1 to provide for a private right of action for any of the acts described in Part III 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. 

Part V.

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.”

Part VI.

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.

Part VII.

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.

Part VIII.

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.

Part IX.

Appropriates $500,000 in nonrecurring funds from the General Fund to the Department of Health and Human Services 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.

Part X.

Includes a severability clause.

Amends GS 7A-52 by expanding the reasons an emergency judge can be assigned to include when the chief district court judge determines there is a court coverage need. 

Appropriates $500,000 for 2024-25 from the General Fund to the Administrative Office of the Courts to pay for the cost of emergency judges.

Sets out findings and the purpose of the act related to the loss of land farmed by small and socially disadvantaged farmers and a drop in the number of those farmers.

Enacts new Article 61B, Small and Socially Disadvantaged Farmers Grant Program (Grant Program), in GS Chapter 106. Sets out and defines terms used in the Article, including the following. Defines an eligible individual as a State resident who is at least 21 years old, is a small farmer or socially disadvantaged farmer, and has an annual income from farming operations for the preceding taxable year of at least $1,000 or more. Defines a small farmer as one with a gross cash farm income of $250,000 or less. Defines a socially disadvantaged farmer as one who is a member of a socially disadvantaged group (group of people whose members have been subject to racial or ethnic prejudice because of their identity as a member a group without regard to their individual qualities).

Establishes the Grant Program within the Department of Agriculture and Consumer Services (DACS) which will provide grants from the new Socially Disadvantaged Farmer Restoration Fund (Fund). Grants are for essential inputs, equipment, and operation improvements of the eligible individual’s farming operations. Sets out grant restrictions and procedures, with funding priorities and amounts set by the Commissioner of Agriculture and Consumer Services. Requires the establishment of an advisory committee to monitor the Grant Program. Requires DACS to adopt rules to carry out the Article.

Appropriates $10 million in recurring funds for 2024-25 from the General Fund to DACS, to be allocated to the Grant Program. Allows DACS to retain up to 3% of the funds for administrative costs.

Effective July 1, 2024.

Amends GS 115C-18 (pertaining to election for Superintendent of Public Instruction) to specify that in order to hold office the individual must have at least one year of experience either as a teacher or school administrator in the State or as member of a local board of education or the State Board of Education (Board). Makes organizational changes and creates headings to conform to those changes. 

Appropriates $10,000 from the General Fund to the State Board of Elections in nonnrecurring funds for the 2024-2025 fiscal year to ensure the qualification of candidates as outlined above. Specifies that funds do not revert, but instead remain available to be used for purposes consistent with the act.  

Applies to candidates who have been selected to serve as a political party's candidate for election on or after the act becomes law. 

Identical to H 1029, filed 5/2/24.

Adds new Part 3, Individualized Treatments, to Article 23A of GS Chapter 90, providing as follows.

Allows a manufacturer operating within an eligible facility and in accordance with federal laws to make available to an eligible patient, and an eligible patient may request, the manufacturer's individualized investigational drug, biological product, or device. Specifies that this does not require the manufacturer to make the item available. Allows such a manufacturer to provide the individualized investigational drug, biological product, or device to an eligible patient for free or may require the patient to pay the costs of, or the costs associated with, the manufacture of the individualized investigational drug, biological product, or device.

Defines an eligible patient as an individual who meets all of the following: (1) has a life-threatening or severely debilitating illness, attested to by a treating physician; (2) has, in consultation with a treating physician, considered all other treatment options currently approved by the US Food and Drug Administration; (3) has received a recommendation from the treating physician for use of an individualized investigational drug, biological product, or device for treatment of the life-threatening or severely debilitating illness; (4) has given informed consent in writing (as defined) to use of the individualized investigational drug, biological product, or device for treatment of the life-threatening or severely debilitating illness or, if the individual is a minor or is otherwise incapable of providing informed consent, the parent or legal guardian has given informed consent in writing to use of the individualized investigational drug, biological product, or device; and (5) has documentation from the treating physician that the individual meets all of the criteria for this definition. Defines an eligible facility as any institution operating under Federalwide Assurance for the Protection of Human Subjects in accordance with 45 C.F.R. § 46 and 42 U.S.C. § 289(a). Defines individualized investigational drug, biological product, or device as a drug, biological product, or device that is unique and produced exclusively for use for an individual patient, based on their own genetic profile, including individualized gene therapy antisense oligonucleotides and individualized neoantigen vaccines.

Provides that if a patient dies during treatment with the investigational drug, biological product, or device, their heirs are not liable for any outstanding debt related to the treatment.

Prohibits taking disciplinary action against a licensed health care provider, or action against their Medicare certification, based solely on their recommendation to an eligible patient regarding access to or treatment with the individualized item.

Prohibits State officials, employees, or agents from blocking or attempting to block an eligible patient's access to an individualized investigational drug, biological product, or device. Also prohibits bringing a private right of action against a manufacturer, or against any other person or entity involved in the patient’s care for any harm resulting from use of the individualized investigational drug, biological product, or device as long as the manufacturer or other person or entity has made a good-faith effort to comply with the provisions of this Part and has exercised reasonable care in actions undertaken pursuant to this Part.

Effective October 1, 2024.

Appropriates $50,000 for 2024-25 from the General Fund to the Department of Health and Human Services to implement the act. Effective July 1, 2024.

Recodifies GS 115C-98(b1) (pertaining to media advisory committees advised by local boards of education) as GS 115C-76.45 (now titled restricting use of instructional material), with the following changes.

Removes the provision concerning initial challenges to media by community media advisory committees. Instead, allows parents, teachers, and members of the public to challenge textbooks and supplementary instructional materials on the grounds that they are educationally unsuitable, pervasively vulgar, or inappropriate to the age, maturity, or grade level of the students. Provides for the challenge to be submitted to the superintendent or designee, who will then decide if the material will be removed. If material is prohibited, allows for an appeal to the local board of education if at least 4% of the parents of children attending school request the appeal. Provides for appeal to the local board of education who can only overturn the decision by 2/3 majority vote. Allows local boards to establish community media advisory committees (CMAC) to investigate and evaluate appeals. Provides for further appeal to State Board of Education (Board), which is not subject to judicial review. Requires the Board to establish guidelines for CMAC’s. Specifies that appeals to removals of instructional materials on the basis that the material relates to or includes the study of the role and contributions of any individual or group that is part of a protected class under federal law are prohibited unless the material is discriminatory or contains bias against the protected class. Makes conforming changes to GS 115C-12 (powers and duties of the Board). 

Appropriates $100,000 from the General Fund to the Department of Public Instruction in nonrecurring funds for the 2024-2025 fiscal year to develop and distribute guidance to public school units about the provisions of the act and enforcement. 

Effective July 1, 2024, and applies beginning with the 2024-25 school year. 

Requires the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division), to update and revise the quality rating improvement system (QRIS) so that it includes alternative pathways for licensed child care facilities to earn a license of two to five stars based on program standards and education levels of staff as follows: (1) a pathway focused on program assessment; (2) a pathway focused on classroom and instructional quality; (3) a pathway focused on accreditation; and (4) any other pathway regarding updating the QRIS designated by the North Carolina Child Care Commission (Commission).

Allows a child care facility to request to be awarded a star-rated license based on accreditation from a national childhood education accreditation organization if the facility maintains its accreditation and remains in good standing. Sets out provisions governing the issuance of these licenses based on whether the license is three or five-star rated. For those earning less than five stars, there must be additional opportunities for the facility to increase its star rating. Allows the Commission to reassess an accreditations’ star-rating equivalency or change a rating, or approve additional accreditations from national organizations and determine the equivalency on request. Prohibits the Division from requiring facility with a two- to five-star-rated license to undergo a QRIS reassessment until rules implementing QRIS reform become effective. Effective February 1, 2025, requires that if the Division issues any new license with a rating of two to five stars to a child care facility or any facility that elects to undergo a QRIS assessment based on a program assessment before rules implementing QRIS reform become effective, then the facility must be evaluated using the specified scales. Provides that when the Division issues any new license with a rating of two to five stars to a child care facility or any facility that elects to undergo a QRIS assessment before rules implementing QRIS reform become effective, if the percentage of lead teachers in the facility required to meet the "rated licensed education requirements" criteria is set at 75% for the facility to earn those "education points" toward the facility's star rating, then the Division must lower the threshold to 50% of lead teachers. These provisions expire on the date rules implementing QRIS reform become effective.

Amends GS 110-90 by amending the Secretary of Health and Human Services’ powers to issue a license to any child care facility, by requiring that for any facility with a license of two to five stars or any new license issued to a facility with a rating of two to five stars, the rating must be based on program standards and education levels of staff. Sets out factors that must be considered when evaluating program standards and education levels of staff. Also requires providing licensed facilities with a rating of two to five stars with an opportunity to earn recognition for voluntary participation in other quality initiatives or specialties. Makes other conforming and technical changes.

Requires the Commission to adopt, amend, or repeal any rules regarding star-rating reform necessary to implement this act.

Appropriates $500,000 in recurring funds for 2024-25 from the General Fund to the Division for the administration of this act. Effective July 1, 2024.

Enacts new Article 26, Deceptive and Fraudulent Deepfakes in Election Communication, in GS Chapter 163, providing as follows.

Prohibits a person, corporation, committee, or other entity from, within 90 days of an election at which a candidate for elective office will appear on the ballot, distributing a synthetic media message that they know or should have known is a deceptive and fraudulent deepfake of a candidate or political party on the State or local ballot. Defines deceptive and fraudulent deepfake as any synthetic media (as defined) that depicts a candidate or political party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter that: (1) appears to a reasonable person to depict a real individual saying or doing something that did not actually occur in reality or (2) provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording. Provides that the prohibition does not apply if the audio or visual medial includes a disclosure that meets the stated requirements.

Allows aggrieved candidates to seek injunctive or other equitable relief prohibiting the publication of the deceptive and fraudulent deepfake. Allows a person to be held liable by the State Board of Elections for civil penalties for violations; sets out the applicable fines. Sets out exclusions for radio and television stations: (1) that broadcast a prohibited deepfake as part of a bona fide newscast, news interview, news documentary, or on the spot coverage of bona fide news events, if the broadcast clearly acknowledges that there are questions about the authenticity of the materially deceptive audio or visual media or (2) when they are paid to broadcast a deepfake and have made a good-faith effort to establish the depiction is not a deceptive and fraudulent deepfake. Excludes a website, or a regularly published newspaper, magazine, or other periodical of general circulation that routinely carries news and commentary of general interest, and that publishes prohibited materially deceptive audio or visual media, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate. Excludes satire or parody.

Includes a severability clause. Requires the proceeds of civil penalties to be remitted to the Civil Penalty and Forfeiture Fund.

Effective July 1, 2024, appropriates $100,000 for 2024-25 from the General Fund to the State Board of Elections to enforce this act.

Recodifies GS 115C-551(b) as GS 115C-550.5 and makes the following changes. Requires, instead of encouraging, private church schools to take the already delineated actions regarding adoption of a school risk management plan, providing schematic diagrams and keys to local law enforcement, holding lockdown exercises, and providing specified safety information to the Division of Emergency Management.

Recodifies GS 115C-559(b) as GS 115C-558.5 and makes the following changes. Requires, instead of encouraging, nonprivate schools to take the already delineated actions regarding adoption of a school risk management plan, providing schematic diagrams and keys to local law enforcement, holding lockdown exercises, and providing specified safety information to the Division of Emergency Management.

Applicable beginning with the 2024-25 school year.

Enacts new GS 110-111 requiring licensed child care facilities to develop an Emergency Preparedness Plan, including requiring each facility to hold a full facility-wide lockdown exercise with local law enforcement at least annually.

Enacts new GS 131D-6.2 providing as follows. Sets out NCGA findings and the purpose of the statute. Requires certified adult day care and adult day health programs to develop and implement a lockdown protocol. Requires the Social Services Commission to adopt rules to implement this requirement, which must contain three specified elements, including a requirement to conduct periodic lockdown drills at least once annually.  Defines lockdown. Allows imposing a penalty not to exceed $1,000 for violations, with proceeds to go to the Civil Penalty and Forfeiture Fund. Specifies that this does not create or authorize a private right of action.

Appropriates $100,000 in recurring funds for 2024-25 from the General Fund to the Department of Administration to be allocated to the Division of Nonpublic Education for implementation and enforcement of GS 115C-550.5 and GS 115C-558.5.

Appropriates $100,000 in recurring funds for 2024-25 from the General Fund to the Department of Health and Human Services for implementation and enforcement of GS 131D-6.2.

Effective July 1, 2024.

Appropriates $500,000 from the General Fund to the Community Colleges System Office (Office) for 2024-25 for the State Board of Community Colleges to establish the Student Voter Identification Grant Program (program). States the purpose of the program is to provide grants of up to $20,000 to upgrade equipment and facilities to produce student identification cards that can be used to vote in person pursuant to state law. Directs the State Board to develop an application procedure for community colleges and award grants by August 15, 2024, to any community college that submits a reasonable and timely plan for the expenditure of funds pursuant to the program. Limits eligibility to one grant per community college. Directs the Office to report to the specified NCGA committee by February 15, 2025, identifying recipients and the uses of grant awards. 

Directs the State Board of Elections to review and approve applications of community colleges that are recipients of program awards for approval of their student identification cards to be used as photo identification cards, so long as the applications are submitted by September 1, 2024, and other application requirements of the State Board are met.

States legislative intent to encourage and support community colleges in providing student identification cards that can be used to vote in person.

Effective July 1, 2024.