North Carolina 2025-2026 Regular Session

North Carolina House Bill H522 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 522
	3	+	H D
	4	+	HOUSE BILL DRH40314-MGa-114A
	5	+
5	6
6	7
7	8		Short Title: Crisis Pregnancy Center Fraud Prevention Act. (Public)
8		-	Sponsors: Representatives von Haefen, Butler, and Crawford (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 27, 2025
12		-	H522 -v-1
	9	+	Sponsors: Representative von Haefen.
	10	+	Referred to:
	11	+
	12	+	DRH40314 -MGa-114A
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT PROVIDING FOR GREATER ACCOUNTABILITY OF CRISIS PREGNANCY 2
15	15		CENTERS BY DEFINING AS A DECEPTIVE OR UNFAIR PRACTICE THE ACT OF 3
16	16		KNOWINGLY ADVERTISING THAT ABORTION OR EMERGENCY 4
17	17		CONTRACEPTIVE SERVICES ARE AVAILABLE WHEN THE PERSON OR ENTITY 5
18	18		PUBLISHING THE ADVERTISEMENT DOES NOT PROVIDE THOSE SERVICES; 6
19	19		AND APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN 7
20	20		SERVICES TO EVALUATE AND REPORT ON CRISIS PREGNANCY CENTERS 8
21	21		DOING BUSINESS IN THE STATE. 9
22	22		Whereas, in North Carolina, where people have the right to continue a pregnancy or 10
23	23		terminate a pregnancy by abortion; and 11
24	24		Whereas, pregnant individuals need honest, timely, and accurate information from 12
25	25		qualified medical professionals to make informed decisions about their health, well-being, and 13
26	26		reproductive healthcare options; and 14
27	27		Whereas, according to the American Medical Association's Journal of Ethics, 15
28	28		anti-abortion centers, also known as "crisis pregnancy centers," aim "to prevent abortions by 16
29	29		persuading people that adoption or parenting is a better option"; and 17
30	30		Whereas, anti-abortion centers are the ground-level presence of a well-coordinated 18
31	31		anti-abortion movement; and 19
32	32		Whereas, anti-abortion centers, with taxpayer dollars diverted to them, greatly 20
33	33		outnumber abortion clinics and comprehensive reproductive healthcare centers in our State; and 21
34	34		Whereas, anti-abortion centers typically advertise themselves as providers of 22
35	35		comprehensive healthcare even though most do not employ licensed medical professionals or 23
36	36		provide referrals for emergency contraception or abortion care; and 24
37	37		Whereas, low-income patients have been deprived of access to affordable and 25
38	38		comprehensive healthcare, including reproductive healthcare, for the last decade while these 26
39	39		anti-abortion centers have been receiving taxpayer dollars; and 27
40	40		Whereas, many anti-abortion centers use deceptive advertising tactics to target and 28
41	41		acquire clients from historically marginalized groups, including Black, Indigenous, and other 29
42	42		People of Color; those who live in rural areas; LGBTQ+ communities; young people; students; 30
43	43		people with lower incomes; undocumented people; and people for whom English is not their first 31
44	44		language; and 32
45	45		Whereas, some anti-abortion centers go so far as to advertise so-called "medication 33
46	46		abortion reversal," a dangerous and deceptive practice that is not supported by science or clinical 34
47		-	standards, according to the American College of Obstetricians and Gynecologists, or by the 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 522-First Edition
49		-	United States Food and Drug Administration; and the American Medical Association states, 1
50		-	"[Physicians] do not and cannot, without misleading them, tell their patients that it may be 2
51		-	possible to reverse a medication abortion"; and 3
52		-	Whereas, time is a critical factor for individuals seeking abortion care; and no one 4
53		-	should be deceived, manipulated, or face unnecessary delays when seeking support or healthcare 5
54		-	during pregnancy, whether they plan to continue a pregnancy or terminate the pregnancy; Now, 6
55		-	therefore, 7
56		-	The General Assembly of North Carolina enacts: 8
	47	+	standards, according to the American College of Obstetricians and Gynecologists, or by the 35
	48	+	United States Food and Drug Administration; and the American Medical Association states, 36
	49	+	H.B. 522
	50	+	Mar 26, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40314-MGa-114A
	53	+	"[Physicians] do not and cannot, without misleading them, tell their patients that it may be 1
	54	+	possible to reverse a medication abortion"; and 2
	55	+	Whereas, time is a critical factor for individuals seeking abortion care; and no one 3
	56	+	should be deceived, manipulated, or face unnecessary delays when seeking support or healthcare 4
	57	+	during pregnancy, whether they plan to continue a pregnancy or terminate the pregnancy; Now, 5
	58	+	therefore, 6
	59	+	The General Assembly of North Carolina enacts: 7
	60	+	8
	61	+	PART I. ACCOUNTABILITY FOR DECEPTIVE OR UNFAIR TRADE PRACTICES 9
	62	+	SECTION 1.1. Chapter 75 of the General Statutes is amended by adding a new 10
	63	+	section to read: 11
	64	+	"§ 75-45. Deceptive representation of healthcare services offered. 12
	65	+	(a) A person or entity engages in deceptive or unfair practices under this Chapter when 13
	66	+	the person or entity makes or disseminates an advertisement to the public that indicates the person 14
	67	+	or entity provides abortions or emergency contraceptives, or provides referrals for abortions or 15
	68	+	emergency contraceptives, when the person or entity knows or reasonably should know that the 16
	69	+	person or entity does not provide those services. 17
	70	+	(b) The learned profession exception of G.S. 75-1.1(b) does not apply to any person or 18
	71	+	entity that publishes or causes to be published an advertisement that violates subsection (a) of 19
	72	+	this section, as publishing of that advertisement is a general business dealing and is not a 20
	73	+	professional service of a learned profession, regardless of whether the person or entity is a 21
	74	+	healthcare provider licensed under Chapter 90 of the General Statutes. 22
	75	+	(c) The Attorney General shall accept complaints alleging violations of this section 23
	76	+	through the North Carolina Department of Justice website. The instructions, guidance, and forms 24
	77	+	for submitting a complaint for violation of this section shall be able to be comprehended by 25
	78	+	someone with a fifth grade reading level, accessible to people with disabilities, and the process 26
	79	+	to submit a complaint shall be designed to be completed by the average internet user in no more 27
	80	+	than 10 minutes. 28
	81	+	(d) Before commencing a civil action for a violation of this section, the Attorney General 29
	82	+	shall send notice to a person or entity that, based upon investigation by the Attorney General, the 30
	83	+	person or entity is in violation of this section. The person or entity shall have 10 days to correct 31
	84	+	the violation. If the person or entity has not responded to the notice within 10 days, the Attorney 32
	85	+	General may initiate civil action against the person or entity. 33
	86	+	(e) The Attorney General may bring an action to impose civil penalties and to seek other 34
	87	+	appropriate relief under this Chapter or any other provision of law, including any of the 35
	88	+	following: 36
	89	+	(1) Injunctive relief compelling compliance with this section. 37
	90	+	(2) An order requiring the person or entity to issue corrective advertising in the 38
	91	+	same mediums and distributed through the same channels as the 39
	92	+	advertisements in violation of this section. 40
	93	+	(3) An order requiring the person or entity to post notice inside of the premises of 41
	94	+	the location advertised for, in a conspicuous place that is visible to all who 42
	95	+	enter the location or in an examination area or both, any of the following: 43
	96	+	a. A clear, concise statement that there are or are not any licensed 44
	97	+	medical doctors, registered nurses, or other licensed medical 45
	98	+	practitioners on staff at the location. 46
	99	+	b. A clear, concise statement that the following services are or are not 47
	100	+	offered at the location: abortion care, emergency contraception, or 48
	101	+	referrals for abortion or emergency contraception. 49
	102	+	(4) Any other narrowly tailored relief that the court deems necessary to remedy 50
	103	+	the adverse effects of the violation of this section. 51 General Assembly Of North Carolina Session 2025
	104	+	DRH40314-MGa-114A Page 3
	105	+	(f) In addition to any other relief or remedy under this Chapter or other provision of law, 1
	106	+	in a civil action brought by a person injured by violation of this section, the court shall award to 2
	107	+	a prevailing plaintiff attorneys' fees and costs, compensatory and punitive damages, and may 3
	108	+	issue injunctive and declaratory relief. 4
	109	+	(g) In any action brought for violation of this section, a court may award civil penalties 5
	110	+	of not less than five hundred dollars ($500.00) and no more than five thousand dollars ($5,000) 6
	111	+	per violation, the clear proceeds of which shall be paid to the Civil Penalty and Forfeiture Fund 7
	112	+	in accordance with G.S. 115C-457.2." 8
57	113		9
58		-	PART I. ACCOUNTABILITY FOR DECEPTIVE OR UNFAIR TRADE PRACTICES 10
59		-	SECTION 1.1. Chapter 75 of the General Statutes is amended by adding a new 11
60		-	section to read: 12
61		-	"§ 75-45. Deceptive representation of healthcare services offered. 13
62		-	(a) A person or entity engages in deceptive or unfair practices under this Chapter when 14
63		-	the person or entity makes or disseminates an advertisement to the public that indicates the person 15
64		-	or entity provides abortions or emergency contraceptives, or provides referrals for abortions or 16
65		-	emergency contraceptives, when the person or entity knows or reasonably should know that the 17
66		-	person or entity does not provide those services. 18
67		-	(b) The learned profession exception of G.S. 75-1.1(b) does not apply to any person or 19
68		-	entity that publishes or causes to be published an advertisement that violates subsection (a) of 20
69		-	this section, as publishing of that advertisement is a general business dealing and is not a 21
70		-	professional service of a learned profession, regardless of whether the person or entity is a 22
71		-	healthcare provider licensed under Chapter 90 of the General Statutes. 23
72		-	(c) The Attorney General shall accept complaints alleging violations of this section 24
73		-	through the North Carolina Department of Justice website. The instructions, guidance, and forms 25
74		-	for submitting a complaint for violation of this section shall be able to be comprehended by 26
75		-	someone with a fifth grade reading level, accessible to people with disabilities, and the process 27
76		-	to submit a complaint shall be designed to be completed by the average internet user in no more 28
77		-	than 10 minutes. 29
78		-	(d) Before commencing a civil action for a violation of this section, the Attorney General 30
79		-	shall send notice to a person or entity that, based upon investigation by the Attorney General, the 31
80		-	person or entity is in violation of this section. The person or entity shall have 10 days to correct 32
81		-	the violation. If the person or entity has not responded to the notice within 10 days, the Attorney 33
82		-	General may initiate civil action against the person or entity. 34
83		-	(e) The Attorney General may bring an action to impose civil penalties and to seek other 35
84		-	appropriate relief under this Chapter or any other provision of law, including any of the 36
85		-	following: 37
86		-	(1) Injunctive relief compelling compliance with this section. 38
87		-	(2) An order requiring the person or entity to issue corrective advertising in the 39
88		-	same mediums and distributed through the same channels as the 40
89		-	advertisements in violation of this section. 41
90		-	(3) An order requiring the person or entity to post notice inside of the premises of 42
91		-	the location advertised for, in a conspicuous place that is visible to all who 43
92		-	enter the location or in an examination area or both, any of the following: 44
93		-	a. A clear, concise statement that there are or are not any licensed 45
94		-	medical doctors, registered nurses, or other licensed medical 46
95		-	practitioners on staff at the location. 47
96		-	b. A clear, concise statement that the following services are or are not 48
97		-	offered at the location: abortion care, emergency contraception, or 49
98		-	referrals for abortion or emergency contraception. 50 General Assembly Of North Carolina Session 2025
99		-	House Bill 522-First Edition Page 3
100		-	(4) Any other narrowly tailored relief that the court deems necessary to remedy 1
101		-	the adverse effects of the violation of this section. 2
102		-	(f) In addition to any other relief or remedy under this Chapter or other provision of law, 3
103		-	in a civil action brought by a person injured by violation of this section, the court shall award to 4
104		-	a prevailing plaintiff attorneys' fees and costs, compensatory and punitive damages, and may 5
105		-	issue injunctive and declaratory relief. 6
106		-	(g) In any action brought for violation of this section, a court may award civil penalties 7
107		-	of not less than five hundred dollars ($500.00) and no more than five thousand dollars ($5,000) 8
108		-	per violation, the clear proceeds of which shall be paid to the Civil Penalty and Forfeiture Fund 9
109		-	in accordance with G.S. 115C-457.2." 10
110		-	11
111		-	PART II. DEPARTMENT OF HEALTH AND HUMAN SERVICES EVALUATION OF 12
112		-	CRISIS PREGNANCY CEN TERS DOING BUSINESS IN THE STATE 13
113		-	SECTION 2.1.(a) By May 1, 2026, the Department of Health and Human Services 14
114		-	shall evaluate and report to the Joint Legislative Oversight Committee on Health and Human 15
115		-	Services and the Fiscal Research Division on the unmet health and resource needs facing 16
116		-	pregnant women in North Carolina and the impact of crisis pregnancy centers on the ability of 17
117		-	clients to obtain accurate, non-coercive healthcare information and timely access to a 18
118		-	comprehensive range of reproductive and sexual healthcare services that aligns with their 19
119		-	healthcare needs and supports their personal decision making. In conducting this evaluation, the 20
120		-	Department shall examine at least all of the following: 21
121		-	(1) The number of crisis pregnancy centers operating in the State that receive 22
122		-	State funds, as defined in G.S. 143C-1-1(d)(25), in the form of a grant or direct 23
123		-	appropriation. The Department shall compile a list of the names and locations 24
124		-	of each crisis pregnancy center examined as a part of this study. 25
125		-	(2) The total amount of State funds, federal funds, State and federal tax subsidies, 26
126		-	and other subsidies, if any, each crisis pregnancy center identified in 27
127		-	subdivision (1) of this subsection received directly or indirectly, over the last 28
128		-	five years, broken down by location if the center conducts business or provides 29
129		-	services at more than one location. 30
130		-	(3) An explanation of whether each crisis pregnancy center is part of a larger 31
131		-	umbrella organization that operates within the State and, if so, the total amount 32
132		-	of State funds, federal funds, tax subsidies, or other subsidies, if any, the 33
133		-	umbrella organization received directly or indirectly over the last five years, 34
134		-	broken down by location if the umbrella organization conducts business or 35
135		-	provides services at more than one location. 36
136		-	(4) An explanation of all services provided by each crisis pregnancy center and 37
137		-	which services were most frequently sought, broken down by location if the 38
138		-	center conducts business or provides services at more than one location. 39
139		-	(5) The number of clients who annually access services at each crisis pregnancy 40
140		-	center. 41
141		-	(6) Whether crisis pregnancy centers hold themselves out to the public, either in 42
142		-	person, through community participation or events, or through their own 43
143		-	advertising or websites, as medical facilities or entities that provide 44
144		-	comprehensive, all-options pregnancy counseling. 45
145		-	(7) Whether clients seeking or accessing services at crisis pregnancy centers are 46
146		-	seeking comprehensive, all-options pregnancy counseling or services at 47
147		-	medical facilities, and whether clients have experienced a delay in receiving 48
148		-	healthcare, including the performance of an abortion or the initiation of 49
149		-	prenatal care, due to a visit to a crisis pregnancy center. 50 General Assembly Of North Carolina Session 2025
150		-	Page 4 House Bill 522-First Edition
151		-	(8) Whether crisis pregnancy centers enroll clients in any public benefits 1
152		-	programs or connect clients to other services and, if so, a list of these programs 2
153		-	and services. 3
154		-	(9) The nature of information provided to clients or potential clients at crisis 4
155		-	pregnancy centers, and the nature of information included in crisis pregnancy 5
156		-	centers' operational manuals, handbooks, or guidelines in connection to the 6
157		-	provision of services to clients. 7
158		-	(10) The number of State-certified medical professionals on staff or volunteering 8
159		-	at each identified crisis pregnancy center, and the number who are providing 9
160		-	medical services or counseling on-site during regular business hours, and what 10
161		-	information each crisis pregnancy center provides to clients about the 11
162		-	presence of medical professionals on the premises, on staff, or serving in a 12
163		-	volunteer capacity. 13
164		-	(11) Whether crisis pregnancy centers collect medical information and an 14
165		-	explanation of what other information is collected upon intake, how crisis 15
166		-	pregnancy centers handle medical and other client records, and whether the 16
167		-	medical records are in compliance with federal and State laws governing 17
168		-	medical privacy. 18
169		-	(12) The number of crisis pregnancy centers that have an ultrasound machine on 19
170		-	the premises and, if one is present, whether the crisis pregnancy center has a 20
171		-	certified ultrasound technician on staff, either as a paid employee or volunteer. 21
172		-	SECTION 2.1.(b) As used in this section, the term "crisis pregnancy center" means 22
173		-	a nonprofit organization that holds itself out as a healthcare facility that provides care for 23
174		-	pregnant women and other clients, such as pregnancy counseling services, pregnancy testing, 24
175		-	ultrasound services, and other nonmedical pregnancy services. The term does not include a 25
176		-	hospital, ambulatory surgical facility, or clinic that performs abortions. 26
177		-	SECTION 2.2. Effective July 1, 2025, there is appropriated from the General Fund 27
178		-	to the Department of Health and Human Services the sum of two hundred fifty thousand dollars 28
179		-	($250,000) in nonrecurring funds for the 2025-2026 fiscal year to be used to complete the 29
180		-	evaluation and report required by Section 2.1 of this act. The Department of Health and Human 30
181		-	Services may use funds appropriated by this section to hire a consultant to assist with completing 31
182		-	the evaluation and report. 32
183		-	33
184		-	PART III. EFFECTIVE DATE 34
185		-	SECTION 3.1. Section 1.1 of this act becomes effective October 1, 2025, and applies 35
186		-	to advertisements published on or after that date. The remainder of this act is effective when it 36
187		-	becomes law. 37
	114	+	PART II. DEPARTMENT OF HEALTH AND HUMAN SERVICES EVALUATION OF 10
	115	+	CRISIS PREGNANCY CENTERS DOING BUSINESS IN THE STATE 11
	116	+	SECTION 2.1.(a) By May 1, 2026, the Department of Health and Human Services 12
	117	+	shall evaluate and report to the Joint Legislative Oversight Committee on Health and Human 13
	118	+	Services and the Fiscal Research Division on the unmet health and resource needs facing 14
	119	+	pregnant women in North Carolina and the impact of crisis pregnancy centers on the ability of 15
	120	+	clients to obtain accurate, non-coercive healthcare information and timely access to a 16
	121	+	comprehensive range of reproductive and sexual healthcare services that aligns with their 17
	122	+	healthcare needs and supports their personal decision making. In conducting this evaluation, the 18
	123	+	Department shall examine at least all of the following: 19
	124	+	(1) The number of crisis pregnancy centers operating in the State that receive 20
	125	+	State funds, as defined in G.S. 143C-1-1(d)(25), in the form of a grant or direct 21
	126	+	appropriation. The Department shall compile a list of the names and locations 22
	127	+	of each crisis pregnancy center examined as a part of this study. 23
	128	+	(2) The total amount of State funds, federal funds, State and federal tax subsidies, 24
	129	+	and other subsidies, if any, each crisis pregnancy center identified in 25
	130	+	subdivision (1) of this subsection received directly or indirectly, over the last 26
	131	+	five years, broken down by location if the center conducts business or provides 27
	132	+	services at more than one location. 28
	133	+	(3) An explanation of whether each crisis pregnancy center is part of a larger 29
	134	+	umbrella organization that operates within the State and, if so, the total amount 30
	135	+	of State funds, federal funds, tax subsidies, or other subsidies, if any, the 31
	136	+	umbrella organization received directly or indirectly over the last five years, 32
	137	+	broken down by location if the umbrella organization conducts business or 33
	138	+	provides services at more than one location. 34
	139	+	(4) An explanation of all services provided by each crisis pregnancy center and 35
	140	+	which services were most frequently sought, broken down by location if the 36
	141	+	center conducts business or provides services at more than one location. 37
	142	+	(5) The number of clients who annually access services at each crisis pregnancy 38
	143	+	center. 39
	144	+	(6) Whether crisis pregnancy centers hold themselves out to the public, either in 40
	145	+	person, through community participation or events, or through their own 41
	146	+	advertising or websites, as medical facilities or entities that provide 42
	147	+	comprehensive, all-options pregnancy counseling. 43
	148	+	(7) Whether clients seeking or accessing services at crisis pregnancy centers are 44
	149	+	seeking comprehensive, all-options pregnancy counseling or services at 45
	150	+	medical facilities, and whether clients have experienced a delay in receiving 46
	151	+	healthcare, including the performance of an abortion or the initiation of 47
	152	+	prenatal care, due to a visit to a crisis pregnancy center. 48
	153	+	(8) Whether crisis pregnancy centers enroll clients in any public benefits 49
	154	+	programs or connect clients to other services and, if so, a list of these programs 50
	155	+	and services. 51 General Assembly Of North Carolina Session 2025
	156	+	Page 4 DRH40314-MGa-114A
	157	+	(9) The nature of information provided to clients or potential clients at crisis 1
	158	+	pregnancy centers, and the nature of information included in crisis pregnancy 2
	159	+	centers' operational manuals, handbooks, or guidelines in connection to the 3
	160	+	provision of services to clients. 4
	161	+	(10) The number of State-certified medical professionals on staff or volunteering 5
	162	+	at each identified crisis pregnancy center, and the number who are providing 6
	163	+	medical services or counseling on-site during regular business hours, and what 7
	164	+	information each crisis pregnancy center provides to clients about the 8
	165	+	presence of medical professionals on the premises, on staff, or serving in a 9
	166	+	volunteer capacity. 10
	167	+	(11) Whether crisis pregnancy centers collect medical information and an 11
	168	+	explanation of what other information is collected upon intake, how crisis 12
	169	+	pregnancy centers handle medical and other client records, and whether the 13
	170	+	medical records are in compliance with federal and State laws governing 14
	171	+	medical privacy. 15
	172	+	(12) The number of crisis pregnancy centers that have an ultrasound machine on 16
	173	+	the premises and, if one is present, whether the crisis pregnancy center has a 17
	174	+	certified ultrasound technician on staff, either as a paid employee or volunteer. 18
	175	+	SECTION 2.1.(b) As used in this section, the term "crisis pregnancy center" means 19
	176	+	a nonprofit organization that holds itself out as a healthcare facility that provides care for 20
	177	+	pregnant women and other clients, such as pregnancy counseling services, pregnancy testing, 21
	178	+	ultrasound services, and other nonmedical pregnancy services. The term does not include a 22
	179	+	hospital, ambulatory surgical facility, or clinic that performs abortions. 23
	180	+	SECTION 2.2. Effective July 1, 2025, there is appropriated from the General Fund 24
	181	+	to the Department of Health and Human Services the sum of two hundred fifty thousand dollars 25
	182	+	($250,000) in nonrecurring funds for the 2025-2026 fiscal year to be used to complete the 26
	183	+	evaluation and report required by Section 2.1 of this act. The Department of Health and Human 27
	184	+	Services may use funds appropriated by this section to hire a consultant to assist with completing 28
	185	+	the evaluation and report. 29
	186	+	30
	187	+	PART III. EFFECTIVE DATE 31
	188	+	SECTION 3.1. Section 1.1 of this act becomes effective October 1, 2025, and applies 32
	189	+	to advertisements published on or after that date. The remainder of this act is effective when it 33
	190	+	becomes law. 34