H.B. 740
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30274-NH-143
Short Title: Unfair/Deceptive Healthcare Advertising. (Public)
Sponsors: Representative von Haefen.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO DEFINE AS A DECEPTIVE OR UNFAIR PRACTICE THE ACT OF
3 KNOWINGLY ADVERTISING THAT ABORTION OR EMERGENCY
4 CONTRACEPTIVE SERVICES ARE AVAILABLE WHEN THE PERSON OR ENTITY
5 PUBLISHING THE ADVERTISEMENT DOES NOT PROVIDE THOSE SERVICES.
6 Whereas, in North Carolina, where people have the right to continue a pregnancy or
7 terminate a pregnancy by abortion; and
8 Whereas, pregnant individuals need timely and accurate information from qualified
9 medical professionals to make informed decisions about their health, well-being, and
10 reproductive healthcare options; and
11 Whereas, according to the American Medical Association's Journal of Ethics,
12 anti-abortion centers, also known as "crisis pregnancy centers," aim "to prevent abortions by
13 persuading people that adoption or parenting is a better option"; and
14 Whereas, anti-abortion centers are the ground-level presence of a well-coordinated
15 anti-abortion movement; and
16 Whereas, anti-abortion centers, with taxpayer dollars diverted to them, greatly
17 outnumber abortion clinics and comprehensive reproductive healthcare centers in our State; and
18 Whereas, low-income patients have been deprived of access to affordable and
19 comprehensive healthcare, including reproductive healthcare, for the last decade while these
20 anti-abortion centers have been receiving taxpayer dollars; and
21 Whereas, many anti-abortion centers use deceptive advertising tactics to target and
22 acquire clients from historically marginalized groups, including Black, Indigenous, and other
23 People of Color; those who live in rural areas; LGBTQ+ communities; young people; students;
24 people with lower incomes; undocumented people; and people for whom English is not their first
25 language; and
26 Whereas, some anti-abortion centers go so far as to advertise so-called "medication
27 abortion reversal," a dangerous and deceptive practice that is not supported by science or clinical
28 standards, according to the American College of Obstetricians and Gynecologists, or by the
29 United States Food and Drug Administration; and the American Medical Association states,
30 "[Physicians] do not and cannot, without misleading them, tell their patients that it may be
31 possible to reverse a medication abortion"; and
32 Whereas, time is a critical factor for individuals seeking abortion care; and no one
33 should be deceived, manipulated, or face unnecessary delays when seeking support or healthcare
34 during pregnancy, whether they plan to continue a pregnancy or terminate the pregnancy; Now,
35 therefore,
36 The General Assembly of North Carolina enacts:
*DRH30274-NH-143*
 General Assembly Of North Carolina Session 2023
1 SECTION 1. Chapter 75 of the General Statutes is amended by adding a new section
2 to read:
3 "§ 75-42.1. Deceptive representation of healthcare services offered.
4 (a) A person or entity engages in deceptive or unfair practices under this Chapter when
5 the person or entity makes or disseminates an advertisement to the public that indicates the person
6 or entity provides abortions or emergency contraceptives, or provides referrals for abortions or
7 emergency contraceptives, when the person or entity knows or reasonably should know that the
8 person or entity does not provide those services.
9 (b) Notwithstanding G.S. 75-1.1(b), this section applies to any person or entity that
10 publishes or causes to be published an advertisement that violates subsection (a) of this section
11 and the violating party shall not be considered to be providing a professional service of a learned
12 profession, regardless of whether the violating party has or alleges to be operating under a
13 medical license issued by the State."
14 SECTION 2. This act is effective when it becomes law.
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