13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT PROTECTING THE RIGHT TO ACCESS ASSISTED REPRODUCTIVE 2 |
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15 | 15 | | TECHNOLOGY. 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 5 |
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18 | 18 | | to read: 6 |
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19 | 19 | | "Article 1O. 7 |
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20 | 20 | | "Assisted Reproductive Technology. 8 |
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21 | 21 | | "§ 90-21.160. Definitions. 9 |
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22 | 22 | | The following definitions apply in this Article: 10 |
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23 | 23 | | (1) Assisted reproductive technology. – All treatments or procedures that include 11 |
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24 | 24 | | the handling of human oocytes or human embryos, including in vitro 12 |
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25 | 25 | | fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer. 13 |
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26 | 26 | | (2) Health care provider. – Either of the following: 14 |
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27 | 27 | | a. An individual who is licensed, certified, or otherwise authorized under 15 |
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28 | 28 | | this Chapter to provide health care services in the ordinary course of 16 |
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29 | 29 | | business or practice of a profession or in an approved education or 17 |
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30 | 30 | | training program. 18 |
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31 | 31 | | b. A health care facility licensed under Chapter 131E of the General 19 |
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32 | 32 | | Statutes to provide health care services to patients. 20 |
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33 | 33 | | The term "health care provider" includes (i) an agent or employee of a 21 |
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34 | 34 | | health care facility that is licensed, certified, or otherwise authorized to 22 |
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35 | 35 | | provide health care services, (ii) the officers and directors of a health care 23 |
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36 | 36 | | facility, and (iii) an agent or employee of a health care provider who is 24 |
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37 | 37 | | licensed, certified, or otherwise authorized to provide health care services. 25 |
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38 | 38 | | (3) Health care service. – A health or medical procedure or service rendered by a 26 |
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39 | 39 | | health care provider that meets either of the following criteria: 27 |
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40 | 40 | | a. Provides testing, diagnosis, or treatment of a health condition, illness, 28 |
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41 | 41 | | injury, or disease. 29 |
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42 | 42 | | b. Dispenses drugs, medical devices, medical appliances, or medical 30 |
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43 | 43 | | goods for the treatment of a health condition, illness, injury, or disease. 31 |
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44 | 44 | | "§ 90-21.162. Right to access assisted reproductive technology. 32 |
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45 | 45 | | Neither the State nor any of its political subdivisions shall prohibit, unreasonably limit, or 33 |
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46 | 46 | | interfere with any of the following: 34 |
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49 | 52 | | (2) The right of a health care provider to provide or assist with the provision of 1 |
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50 | 53 | | evidence-based information related to assisted reproductive technology. 2 |
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51 | 54 | | (3) The right of a health care provider to perform or assist with the performance 3 |
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52 | 55 | | of assisted reproductive technology. 4 |
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53 | 56 | | "§ 90-21.164. Construction. 5 |
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54 | 57 | | Nothing in this Article shall be construed to prohibit the enforcement of health and safety 6 |
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55 | 58 | | laws related to the operation of health care facilities or the provision of health care services by 7 |
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56 | 59 | | health care providers." 8 |
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57 | 60 | | SECTION 2. This act is effective when it becomes law. 9 |
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