North Carolina 2025-2026 Regular Session

North Carolina House Bill H553 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 553
	3	+	H D
	4	+	HOUSE BILL DRH30228-NJ-3
	5	+
5	6
6	7
7	8		Short Title: Ensuring Patient Safety w/Mail Order Meds. (Public)
8		-	Sponsors: Representatives N. Jackson, Campbell, Potts, and Balkcom (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 31, 2025
12		-	H553 -v-1
	9	+	Sponsors: Representative N. Jackson.
	10	+	Referred to:
	11	+
	12	+	DRH30228 -NJ-3
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT REVISING ABORTION-INDUCING DRUG LAWS . 2
15	15		The General Assembly of North Carolina enacts: 3
16	16		SECTION 1.(a) G.S. 14-44.1 reads as rewritten: 4
17	17		"§ 14-44.1. Providing or advertising abortion-inducing drugs to pregnant woman. 5
18	18		(a) Offense. – All of the following are unlawful: 6
19	19		(1) For any individual within the State, individual, including a physician, an 7
20	20		employee or contractor of a physician's office or clinic, or other abortion 8
21	21		provider, or organization within the State, organization, including a 9
22	22		physician's office or clinic or other abortion provider, to mail, provide, or 10
23	23		supply an abortion-inducing drug directly to a pregnant woman in violation of 11
24	24		G.S. 90-21.83A(b)(2)a. Lack of knowledge or intent that the 12
25	25		abortion-inducing drug will be administered outside the physical presence of 13
26	26		a physician shall not be a defense to a violation of this subdivision.unless all 14
27	27		of the following conditions are satisfied: 15
28	28		a. At least 72 hours prior to mailing, providing, or supplying an 16
29	29		abortion-inducing drug, a qualified physician or qualified professional 17
30	30		informs the pregnant woman, in person, of the information contained 18
31	31		in the consent form identified in G.S. 90-21.83A(b). 19
32	32		b. With the exception of G.S. 90-21.83A(b)(2)b., all other informed 20
33	33		consent requirements identified in G.S. 90-21.83A(b) are satisfied. 21
34	34		c. The abortion-inducing drugs being mailed, provided, or supplied are 22
35	35		FDA approved. 23
36	36		(2) For any manufacturer or supplier of an abortion-inducing drug to ship or cause 24
37	37		to be shipped any abortion-inducing drug directly to a pregnant woman in 25
38	38		violation of G.S. 90-21.83A(b)(2)a. Lack of knowledge or intent that the 26
39	39		abortion-inducing drug will be administered outside the physical presence of 27
40	40		a physician shall not be a defense to a violation of this subdivision.unless all 28
41	41		the following conditions are satisfied: 29
42	42		a. At least 72 hours prior to mailing, providing, or supplying an 30
43	43		abortion-inducing drug, a qualified physician or qualified professional 31
44	44		informs the pregnant woman, in person, of the information contained 32
45	45		in the consent form identified in G.S. 90-21.83A(b). 33
46	46		b. With the exception of G.S. 90-21.83A(b)(2)b., all other informed 34
47		-	consent requirements identified in G.S. 90-21.83A(b) are satisfied. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 553-First Edition
	47	+	consent requirements identified in G.S. 90-21.83A(b) are satisfied. 35
	48	+	H.B. 553
	49	+	Mar 27, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH30228-NJ-3
49	52		c. The abortion-inducing drugs being mailed, provided, or supplied are 1
50	53		FDA approved. 2
51	54		(3) For any individual or organization to purchase or otherwise procure an 3
52	55		advertisement, host or maintain an internet website, or provide an internet 4
53	56		service purposefully directed to a pregnant woman who is a resident of this 5
54	57		State when the individual or organization knows that the purpose of the 6
55	58		advertisement, website, or internet service is solely to promote the sale of an 7
56	59		abortion inducing drug to be administered to a woman in violation of 8
57	60		G.S. 90-21.83A(b)(2)a. 9
58	61		(4) Lack of knowledge or intent that the abortion-inducing drug will be 10
59	62		administered outside the physical presence of a physician shall not be a 11
60	63		defense to a violation of this subsection. 12
61	64		(b) Punishment. – An individual or organization who violates this section commits an 13
62	65		infraction as defined in G.S. 14 3.1 and is subject to a fine of five thousand dollars ($5,000) per 14
63	66		violation.a Class H felony. 15
64	67		(b1) Cause of Action. – Any of the following may bring a civil action for relief in a court 16
65	68		of competent jurisdiction: 17
66	69		(1) A woman who has suffered an injury from an alleged violation of this section. 18
67	70		(2) A parent or guardian of a minor who has suffered an alleged violation of this 19
68	71		section. 20
69	72		(3) The Attorney General if the Attorney General has reason to believe that a 21
70	73		person has violated or is violating this section and the violation affects one or 22
71	74		more residents of this State. 23
72	75		(b2) Statute of Limitations. – A person shall have three years from the date of the alleged 24
73	76		violation or from the date of the initial discovery of an alleged violation. If the woman was a 25
74	77		minor at the time of an alleged violation, then the woman shall have three years from the date 26
75	78		that she attains the age of majority, or if brought by a parent or guardian, within three years of 27
76	79		the date of the alleged violation or from the date of the initial discovery of an alleged violation. 28
77	80		(b3) Civil Remedies. – In addition to any other civil or criminal penalty authorized by law, 29
78	81		any person authorized to institute a civil action for relief under this section may seek and a court 30
79	82		may award any or all of the following types of relief: 31
80	83		(1) An injunction to enjoin continued violation of this section. 32
81	84		(2) Compensatory and punitive damages. 33
82	85		(3) All costs, expenses, and fees related to the civil suit investigation and 34
83	86		proceedings associated with the violation, including attorneys' fees. 35
84	87		(4) Any other remedies deemed appropriate by the court of competent 36
85	88		jurisdiction. 37
86	89		(b4) Additional Injunctive Relief. – A spouse, parent, or guardian of a woman who 38
87	90		suffered an alleged violation of this section may bring an action of injunctive relief against a 39
88	91		supplier or manufacturer of abortion-inducing drugs in violation of subdivision (a)(2) of this 40
89	92		section. 41
90	93		(b5) Frivolous; Bad Faith. – If a court finds that a person's civil action for relief was 42
91	94		frivolous or brought in bad faith, then the court shall tax as part of the costs reasonable attorneys' 43
92	95		fees in favor of the defendant against the plaintiff. 44
93	96		(b6) Certificate of Authority. – Notwithstanding any other provision of law, a foreign 45
94	97		nonprofit or business entity engaged in the shipping, delivering, or procuring of 46
95	98		abortion-inducing drugs to or in this State is deemed to be conducting affairs in this State and 47
96	99		shall apply for and maintain a certificate of authority from the Secretary of State in accordance 48
97	100		with G.S. 55-15-03, 55A-15-03, 55B-16, 57D-2-02, 57D-7-03, 59-91, and 59-902 and any other 49
98	101		law of this State governing the conduct of affairs by foreign entities in this State. A court of 50 General Assembly Of North Carolina Session 2025
99		-	~~House Bill 553-First Edition~~ Page 3
	102	+	DRH30228-NJ-3 Page 3
100	103		competent jurisdiction in this State may exercise personal jurisdiction over a foreign corporation 1
101	104		maintaining a certificate of authority pursuant to this subsection. 2
102	105		(c) Definitions. – The following definitions apply in this section: 3
103	106		(1) Abortion-inducing drug. – As defined in G.S. 90-21.81(1a). 4
104	107		(2) Organization. – As defined in G.S. 15A-773(c)." 5
105	108		SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 6
106	109		offenses committed on or after that date. 7
107	110		SECTION 2. Except as otherwise provided, this act is effective when it becomes 8
108	111		law. 9