Bill Summary – FastDemocracy

H.B. 31
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                          Jan 28, 2021
                                     SESSION 2021                                    HOUSE PRINCIPAL CLERK
     H                                                                                             D
                                  HOUSE BILL DRH40028-ML-15A
     Short Title:   Detected Heartbeat/Prohibit Abortion.                                     (Public)
     Sponsors:      Representative Kidwell.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO PROHIBIT, UNLESS THERE IS A MEDICAL EMERGENCY, AN ABORTION
     FROM BEING PERFORMED AFTER THE UNBORN CHILD IS DETERMINED TO
     HAVE A DETECTABLE HUMAN HEARTBEAT.
 The General Assembly of North Carolina enacts:
              SECTION 1. G.S. 14-45.1 reads as rewritten:
 "§ 14-45.1. When abortion not unlawful.
     (a)      Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be
 unlawful, during the first 20 weeks of a woman's pregnancy, prior to a determination by a
 qualified physician licensed to practice medicine in North Carolina that the unborn child has a
 detectable human heartbeat, to advise, procure, or cause a miscarriage or abortion when the
 procedure is performed by a qualified physician licensed to practice medicine in North Carolina
 in a hospital or clinic certified by the Department of Health and Human Services to be a suitable
 facility for the performance of abortions.
     …
     (b)      Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be
 unlawful, after the twentieth week of a woman's pregnancy, after a determination by a qualified
 physician licensed to practice medicine in North Carolina that the unborn child has a detectable
 human heartbeat, to advise, procure or cause a miscarriage or abortion when the procedure is
 performed by a qualified physician licensed to practice medicine in North Carolina in a hospital
 licensed by the Department of Health and Human Services, if there is a medical emergency as
 defined by G.S. 90-21.81(5).
     (b1) A qualified physician who advises, procures, or causes a miscarriage or abortion after
 the sixteenth week of a woman's pregnancy shall record all of the following: the method used by
 the qualified physician to determine the probable gestational age of the unborn child at the time
 the procedure is to be performed; the results of the methodology, including the measurements of
 the unborn child; and an ultrasound image of the unborn child that depicts the measurements.
 The qualified physician shall provide this information, including the ultrasound image, to the
 Department of Health and Human Services pursuant to G.S. 14-45.1(c).
     A qualified physician who procures or causes a miscarriage or abortion after the twentieth
 week of a woman's pregnancy a qualified physician determines that the unborn child has a
 detectable human heartbeat shall record the findings and analysis on which the qualified
 physician based the determination that there existed a medical emergency as defined by
 G.S. 90-21.81(5) and shall provide that information to the Department of Health and Human
 Services pursuant to G.S. 14-45.1(c). Materials generated by the physician or provided by the
                                  *DRH40028-ML-15A*
     General Assembly Of North Carolina                                                    Session 2021
 physician to the Department of Health and Human Services pursuant to this section shall not be
 public records under G.S. 132-1.
     The information provided under this subsection shall be for statistical purposes only, and the
 confidentiality of the patient and the physician shall be protected. It is the duty of the qualified
 physician to submit information to the Department of Health and Human Services that omits
 identifying information of the patient and complies with Health Insurance Portability and
 Accountability Act of 1996 (HIPAA).
     …
     (e)     No physician, nurse, or any other health care provider who shall state an objection to
 abortion on moral, ethical, or religious grounds shall be required to perform or participate in
 medical procedures which result in an abortion. The refusal of a physician, nurse, or health care
 provider to perform or participate in these medical procedures shall not be a basis for damages
 for the refusal, or for any disciplinary or any other recriminatory action against the physician,
 nurse, or health care provider. For purposes of this section, the phrase "health care provider" shall
 have the same meaning as defined under G.S. 90-410(1).
     …
     (g)     For purposes of this section, "qualified physician" means (i) a The following
 definitions apply in this section:
             (1)     Detectable human heartbeat. – Embryonic or fetal cardiac activity or the
                     steady and repetitive rhythmic contraction of the heart within the gestational
                     sac.
             (2)     Health care provider. – As defined under G.S. 90-410(1).
             (3)     Qualified physician. – A physician who possesses, or is eligible to possess,
                     board certification in obstetrics or gynecology, (ii) a physician who possesses
                     sufficient training based on established medical standards in safe abortion
                     care, abortion complications, and miscarriage management, or (iii) a physician
                     who performs an abortion in a medical emergency as defined by
                     G.S. 90-21.81(5)."
             SECTION 2. This act becomes effective December 1, 2021, and applies to
 miscarriages or abortions caused or procured on or after that date.
     Page 2                                                                        DRH40028-ML-15A
Statutes affected: 
Filed: 14-45.1
Edition 1: 14-45.1