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