Bill Summary for H 190 (2023-2024)

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Summary date: 

Jun 22 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 190 (Public) Filed Thursday, February 23, 2023
AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO MAKE TECHNICAL AND CONFORMING CHANGES TO SESSION LAW 2023-14.
Intro. by Potts.

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Bill summary

Senate amendment to the 4th edition makes the following changes. Inserts new Part XIV, which amends SL 2023-14, pertaining to abortion laws, as follows.

Section 14.1

Amends GS 14-23.7 (exceptions to criminal prosecution for acts against the unborn) by removing references to now repealed GS 14-45.1 (definitions of unlawful abortions) and replacing those references with provisions of new GS Chapter 90, Article 1I (Abortion Laws). 

Amends GS 90-21.81A(a) (defining unlawful types of abortion), as enacted by SL 2023-14, as follows. Removes advising a miscarriage or abortion as an act that is illegal under the statute. Now specifies that it is illegal after the twelfth week of pregnancy to procure or cause a miscarriage or abortion in the State of North Carolina (previously, no reference to the state).  Makes conforming changes to GS 90-21.81B (specifying when abortion is lawful), as enacted by SL 2023-14.

Amends GS 90-21.82(b)(1a) as amended by SL 2023-14 (informed consent for surgical abortions) and GS 90-21.83A(b)(2) as enacted by SL 2023-14, to add the following required information to the consent form for a surgical/medical abortion: specific information for the physician’s hospital admitting privileges, and whether the treatment or procedure to be performed is covered by the pregnant woman’s insurance (was, just the name of the physician performing the abortion).  

Amends the examination duties of a physician prescribing, administering, or dispensing an abortion‑inducing drug under GS 90-21.83B, as enacted by SL 2023-14 (distribution of abortion inducing drugs and duties of physician), to verifying the probable gestational age (was, verify that the probable gestational age is no more than 70 days).  Now requires the physician document the existence of an intrauterine pregnancy (was, document the intrauterine location of the pregnancy) in addition to other required documentation upon exam. Makes a technical correction.  

Repeals GS 90-83C, as enacted by SL 2023-14, which requires that at least 72 hours prior to any medical or surgical abortion performed in accordance with Article 1I, the physician providing the abortion‑inducing drug, performing the surgical abortion, or conducting any other appointment where an abortion is to be induced or performed must provide the pregnant woman the physician's full name and specific information for the physician's hospital admitting privileges and whether the treatment or procedure to be performed is covered by the pregnant woman's insurance.

Amends GS 90-21.85(a) (general requirement of real time view prior to performing an abortion) to change statutory cross-reference from now repealed GS 14-45.1 to GS 90-21.81B (describing when abortion is lawful).

Amends GS 131E-269 (authorization to charge fee for certification of facilities suitable to perform abortions) to change statutory cross-reference from now repealed GS 14-45.1 to GS 90-21.81C (pertaining to abortion reporting, objection, and inspection requirements).

Amends GS 90-21.93, as enacted by SL 2023-14 (pertaining to required reporting to the Department of Health and Human Services [DHHS] by a physician or healthcare provider performing a surgical or medical abortion) to change the time such report must be sent for a minor to DHHS and the Division of Social Services from within three days to within 30 days.

Effective July 1, 2023.

Part XV.

Makes conforming changes to the act’s effective date.