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North Carolina House Bill H509

North Carolina 2025-2026 Regular Session

North Carolina House Bill H509 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 509
3+H D
4+HOUSE BILL DRH30214-NJ-36
5+
56
67
78 Short Title: Right to Reproductive Freedom Act. (Public)
8-Sponsors: Representatives von Haefen, Butler, Greenfield, and Dew (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-March 26, 2025
12-*H509 -v-1*
9+Sponsors: Representative von Haefen.
10+Referred to:
11+
12+*DRH30214 -NJ-36*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO REMOVE BARRIERS AND GAIN ACCESS TO ABORTION AND 2
1515 REPRODUCTIVE HEALTH (RIGHT TO REPRODUCTIVE FREEDOM ACT ). 3
1616 Whereas, the ability to access safe and legal abortion is a critical component of a 4
1717 patient's health and dignity, as well as independence, freedom, and equality; and 5
1818 Whereas, throughout pregnancy, patients must be able to make their own health care 6
1919 decisions with the advice of health care professionals they trust and without government 7
2020 interference; and 8
2121 Whereas, North Carolina has limited access to abortion services by enacting a 9
2222 growing number of hurdles, restrictions, and requirements that serve no medical purpose and are 10
2323 intended to make it more difficult for patients to access health care; and 11
2424 Whereas, the impact of abortion restrictions is predominantly felt by those who 12
2525 already experience systemic barriers to health care, including young people, people of color, 13
2626 those with disabilities, individuals with low incomes, and those who live in rural areas or are 14
2727 undocumented; Now, therefore, 15
2828 The General Assembly of North Carolina enacts: 16
2929 SECTION 1.(a) Chapter 90 of the General Statutes is amended by adding a new 17
3030 Article to read: 18
3131 "Article 1O. 19
3232 "Codify Roe and Casey Protections. 20
3333 "§ 90-21.160. Short title. 21
3434 This Article shall be known and may be cited as "Right to Reproductive Freedom Act." 22
3535 "§ 90-21.161. Purpose. 23
3636 The purpose of this Article is to codify the essential holdings of Roe v. Wade, 410 U.S. 113 24
3737 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). 25
3838 "§ 90-21.162. Allowable requirements. 26
3939 (a) The State shall not impose an undue burden on the ability of a person to choose 27
4040 whether or not to terminate a pregnancy before fetal viability. 28
4141 (b) The State may restrict the ability of a person to choose whether or not to terminate a 29
4242 pregnancy after fetal viability, unless such a termination is necessary to preserve the life or health 30
4343 of the person. 31
4444 (c) For the purposes of this section, the term "undue burden" means any burden that 32
4545 places a substantial obstacle in the path of a person seeking to terminate a pregnancy prior to 33
46-fetal viability. 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 509-First Edition
48-(d) Nothing in this Article shall be construed to have any effect on laws regarding 1
49-conscience protection." 2
50-SECTION 1.(b) G.S. 90-21.4 reads as rewritten: 3
51-"§ 90-21.4. Responsibility, liability and immunity of physicians. 4
52-… 5
53-(c) For the purposes of this section, a person who is qualified to practice medicine under 6
54-Article 1 of this Chapter, a physician assistant as defined in G.S. 90-18.1, a nurse practitioner as 7
55-defined in G.S. 90-18.2, or a certified nurse midwife licensed under Article 10A of this Chapter 8
56-shall qualify for the same limited immunity in this section that is designated for a physician." 9
57-SECTION 1.(c) G.S. 90-21.9 reads as rewritten: 10
58-"§ 90-21.9. Medical emergency exception. 11
59-(a) The requirements of parental consent prescribed by G.S. 90-21.7(a) shall not apply 12
60-when, in the best medical judgment of the physician based on the facts of the case before the 13
61-physician, a medical emergency exists that so complicates the pregnancy as to require an 14
62-immediate abortion, or when the conditions prescribed by G.S. 90-21.1(4) are met. 15
63-(b) For the purposes of this section and G.S. 90-21.7, a person who is qualified to practice 16
64-medicine under Article 1 of this Chapter, a physician assistant as defined in G.S. 90-18.1, a nurse 17
65-practitioner as defined in G.S. 90-18.2, or a certified nurse midwife licensed under Article 10A 18
66-of this Chapter may fulfill the requirements and functions designated for a physician." 19
67-SECTION 1.(d) G.S. 90-21.5 reads as rewritten: 20
68-"§ 90-21.5. Minor's consent sufficient for certain medical health services. 21
69-(a) Subject to subsection (a1) of this section, any minor may give effective consent to a 22
70-physician licensed to practice medicine in North Carolina for medical health services for the 23
71-prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under 24
72-G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional 25
73-disturbance. This section does not authorize the inducing of an abortion, performance of a 26
74-sterilization operation, operation or admission to a 24-hour facility licensed under Article 2 of 27
75-Chapter 122C of the General Statutes except as provided in G.S. 122C-223. This section does 28
76-not prohibit the admission of a minor to a treatment facility upon his own written application in 29
77-an emergency situation as authorized by G.S. 122C-223. 30
78-…." 31
79-SECTION 1.(e) G.S. 90-21.120 reads as rewritten: 32
80-"§ 90-21.120. Definitions. 33
81-The following definitions apply in this Article: 34
82-(1) Abortion. – As defined in G.S. 90-21.81.The use or prescription of any 35
83-instrument, medicine, drug, or other substance or device intentionally to 36
84-terminate the pregnancy of a person known to be pregnant with an intention 37
85-other than to increase the probability of a live birth. 38
86-(2) Attempt to perform an abortion. – As defined in G.S. 90-21.81. 39
87-(3) Woman. – As defined in G.S. 90-21.81." 40
88-SECTION 1.(f) G.S. 90-21.121 is repealed. 41
89-SECTION 1.(g) Article 1I of Chapter 90 of the General Statutes is repealed. 42
90-SECTION 1.(h) This section is effective when it becomes law. 43
91-SECTION 2.(a) G.S. 143C-6-5.5 is repealed. 44
92-SECTION 2.(b) G.S. 135-48.50 reads as rewritten: 45
93-"§ 135-48.50. Coverage mandates. 46
94-The Plan shall provide coverage subject to the following coverage mandates: 47
95-(1) Abortion coverage. – The Plan shall not provide coverage for abortions for 48
96-which State funds could not be used under G.S. 143C-6-5.5. The Plan shall, 49
97-however, shall provide coverage for subsequent complications or related 50
98-charges arising from an abortion not covered under this subdivision.abortion. 51 General Assembly Of North Carolina Session 2025
99-House Bill 509-First Edition Page 3
100-…." 1
101-SECTION 3.(a) G.S. 58-51-63 is repealed. 2
102-SECTION 3.(b) This section is effective 30 days after it becomes law and applies to 3
103-contracts entered into, amended, or renewed on or after that date. 4
104-SECTION 4.(a) G.S. 153A-92(d) reads as rewritten: 5
105-"(d) A county may purchase life insurance or health insurance or both for the benefit of 6
106-all or any class of county officers and employees as a part of their compensation. A county may 7
107-provide other fringe benefits for county officers and employees. In providing health insurance to 8
108-county officers and employees, a county shall not provide abortion coverage greater than that 9
109-provided by the State Health Plan for Teachers and State Employees under Article 3B of Chapter 10
110-135 of the General Statutes." 11
111-SECTION 4.(b) G.S. 160A-162(b) reads as rewritten: 12
112-"(b) The council may purchase life, health, and any other forms of insurance for the benefit 13
113-of all or any class of city employees and their dependents, and may provide other fringe benefits 14
114-for city employees. In providing health insurance to city employees, the council shall not provide 15
115-abortion coverage greater than that provided by the State Health Plan for Teachers and State 16
116-Employees under Article 3B of Chapter 135 of the General Statutes." 17
117-SECTION 5. Except as otherwise provided, this act is effective when it becomes 18
118-law. 19
46+fetal viability. 34
47+(d) Nothing in this Article shall be construed to have any effect on laws regarding 35
48+conscience protection." 36
49+H.B. 509
50+Mar 25, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30214-NJ-36
53+SECTION 1.(b) G.S. 90-21.4 reads as rewritten: 1
54+"§ 90-21.4. Responsibility, liability and immunity of physicians. 2
55+… 3
56+(c) For the purposes of this section, a person who is qualified to practice medicine under 4
57+Article 1 of this Chapter, a physician assistant as defined in G.S. 90-18.1, a nurse practitioner as 5
58+defined in G.S. 90-18.2, or a certified nurse midwife licensed under Article 10A of this Chapter 6
59+shall qualify for the same limited immunity in this section that is designated for a physician." 7
60+SECTION 1.(c) G.S. 90-21.9 reads as rewritten: 8
61+"§ 90-21.9. Medical emergency exception. 9
62+(a) The requirements of parental consent prescribed by G.S. 90-21.7(a) shall not apply 10
63+when, in the best medical judgment of the physician based on the facts of the case before the 11
64+physician, a medical emergency exists that so complicates the pregnancy as to require an 12
65+immediate abortion, or when the conditions prescribed by G.S. 90-21.1(4) are met. 13
66+(b) For the purposes of this section and G.S. 90-21.7, a person who is qualified to practice 14
67+medicine under Article 1 of this Chapter, a physician assistant as defined in G.S. 90-18.1, a nurse 15
68+practitioner as defined in G.S. 90-18.2, or a certified nurse midwife licensed under Article 10A 16
69+of this Chapter may fulfill the requirements and functions designated for a physician." 17
70+SECTION 1.(d) G.S. 90-21.5 reads as rewritten: 18
71+"§ 90-21.5. Minor's consent sufficient for certain medical health services. 19
72+(a) Subject to subsection (a1) of this section, any minor may give effective consent to a 20
73+physician licensed to practice medicine in North Carolina for medical health services for the 21
74+prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under 22
75+G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional 23
76+disturbance. This section does not authorize the inducing of an abortion, performance of a 24
77+sterilization operation, operation or admission to a 24-hour facility licensed under Article 2 of 25
78+Chapter 122C of the General Statutes except as provided in G.S. 122C-223. This section does 26
79+not prohibit the admission of a minor to a treatment facility upon his own written application in 27
80+an emergency situation as authorized by G.S. 122C-223. 28
81+…." 29
82+SECTION 1.(e) G.S. 90-21.120 reads as rewritten: 30
83+"§ 90-21.120. Definitions. 31
84+The following definitions apply in this Article: 32
85+(1) Abortion. – As defined in G.S. 90-21.81.The use or prescription of any 33
86+instrument, medicine, drug, or other substance or device intentionally to 34
87+terminate the pregnancy of a person known to be pregnant with an intention 35
88+other than to increase the probability of a live birth. 36
89+(2) Attempt to perform an abortion. – As defined in G.S. 90-21.81. 37
90+(3) Woman. – As defined in G.S. 90-21.81." 38
91+SECTION 1.(f) G.S. 90-21.121 is repealed. 39
92+SECTION 1.(g) Article 1I of Chapter 90 of the General Statutes is repealed. 40
93+SECTION 1.(h) This section is effective when it becomes law. 41
94+SECTION 2.(a) G.S. 143C-6-5.5 is repealed. 42
95+SECTION 2.(b) G.S. 135-48.50 reads as rewritten: 43
96+"§ 135-48.50. Coverage mandates. 44
97+The Plan shall provide coverage subject to the following coverage mandates: 45
98+(1) Abortion coverage. – The Plan shall not provide coverage for abortions for 46
99+which State funds could not be used under G.S. 143C-6-5.5. The Plan shall, 47
100+however, shall provide coverage for subsequent complications or related 48
101+charges arising from an abortion not covered under this subdivision.abortion. 49
102+…." 50
103+SECTION 3.(a) G.S. 58-51-63 is repealed. 51 General Assembly Of North Carolina Session 2025
104+DRH30214-NJ-36 Page 3
105+SECTION 3.(b) This section is effective 30 days after it becomes law and applies to 1
106+contracts entered into, amended, or renewed on or after that date. 2
107+SECTION 4.(a) G.S. 153A-92(d) reads as rewritten: 3
108+"(d) A county may purchase life insurance or health insurance or both for the benefit of 4
109+all or any class of county officers and employees as a part of their compensation. A county may 5
110+provide other fringe benefits for county officers and employees. In providing health insurance to 6
111+county officers and employees, a county shall not provide abortion coverage greater than that 7
112+provided by the State Health Plan for Teachers and State Employees under Article 3B of Chapter 8
113+135 of the General Statutes." 9
114+SECTION 4.(b) G.S. 160A-162(b) reads as rewritten: 10
115+"(b) The council may purchase life, health, and any other forms of insurance for the benefit 11
116+of all or any class of city employees and their dependents, and may provide other fringe benefits 12
117+for city employees. In providing health insurance to city employees, the council shall not provide 13
118+abortion coverage greater than that provided by the State Health Plan for Teachers and State 14
119+Employees under Article 3B of Chapter 135 of the General Statutes." 15
120+SECTION 5. Except as otherwise provided, this act is effective when it becomes 16
121+law. 17