H.B. 1126
GENERAL ASSEMBLY OF NORTH CAROLINA
May 26, 2022
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40760-MLa-138
Short Title: Abortion Law Revisions. (Public)
Sponsors: Representative Logan.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROVIDE THAT CHILD SUPPORT PAYMENTS BEGIN IN THE FIRST
3 MONTH IN WHICH THE CHILD WAS CONCEIVED, TO PROHIBIT THE USE OF
4 TELEHEALTH TO ADVISE ON USE OF OR PRESCRIBE ERECTILE DYSFUNCTION
5 DRUGS, TO PROHIBIT THE USE OF STATE FUNDS FOR ERECTILE DYSFUNCTION
6 DRUGS, TO PROHIBIT THE USE OF STATE FUNDS FOR CRISIS PREGNANCY
7 CENTERS, TO PROHIBIT THE PERSON WHO CAUSED PREGNANCY THROUGH
8 INCEST FROM CUSTODY OF THE CHILD, TO ALLOW FOR ABORTION AFTER
9 TWENTY WEEKS FOR PREGNANCIES CAUSED BY RAPE OR INCEST OR WHERE
10 THE UNBORN CHILD WILL NOT SURVIVE PREGNANCY, TO PROVIDE A RIGHT
11 TO PRIVACY FOR A PERSON'S MEDICAL RECORDS AND INFORMATION, TO
12 APPROPRIATE FUNDS TO THE STATE CRIME LABORATORY, AND TO
13 APPROPRIATE FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN
14 SERVICES FOR COSTS ASSOCIATED WITH PROVIDING DNA TESTS USED TO
15 ESTABLISH THE PATERNITY OF A CHILD.
16 The General Assembly of North Carolina enacts:
17
18 PART I. CHILD SUPPORT BEGINS AT CONCEPTION
19 SECTION 1.(a) G.S. 50-13.4 reads as rewritten:
20 "§ 50-13.4. Action for support of minor child.
21 …
22 (a1) Child support ordered under this section shall begin with the first month in which the
23 child was conceived, as determined by a licensed physician. If paternity of the father is disputed,
24 the court shall (i) await the outcome of the paternity proceeding before ordering child support
25 payments and (ii) award child support retroactive to the first month in which the child was
26 conceived, as determined by a licensed physician.
27 …
28 (c) Payments ordered for the support of a minor child shall be in such amount as to (i)
29 cover medical expenses incident to the pregnancy and birth of the child and (ii) meet the
30 reasonable needs of the child for health, education, and maintenance, having due regard to the
31 estates, earnings, conditions, accustomed standard of living of the child and the parties, the child
32 care and homemaker contributions of each party, and other facts of the particular case. Payments
33 ordered for the support of a minor child shall be on a monthly basis, due and payable on the first
34 day of each month. The requirement that orders be established on a monthly basis does not affect
35 the availability of garnishment of disposable earnings based on an obligor's pay period.
*DRH40760-MLa-138*
 General Assembly Of North Carolina Session 2021
1 The court shall determine the amount of child support payments by applying the presumptive
2 guidelines established pursuant to subsection (c1) of this section. However, upon request of any
3 party, the Court shall hear evidence, and from the evidence, find the facts relating to the
4 reasonable needs of the child for support and the relative ability of each parent to provide support.
5 If, after considering the evidence, the Court finds by the greater weight of the evidence that the
6 application of the guidelines would not meet or would exceed the reasonable needs of the child
7 considering the relative ability of each parent to provide support or would be otherwise unjust or
8 inappropriate the Court may vary from the guidelines. If the court orders an amount other than
9 the amount determined by application of the presumptive guidelines, the court shall make
10 findings of fact as to the criteria that justify varying from the guidelines and the basis for the
11 amount ordered.
12 Payments ordered for the support of a child shall terminate when the child reaches the age of
13 18 except:
14 (1) If the child is otherwise emancipated, payments shall terminate at that time;
15 (2) If the child is still in primary or secondary school when the child reaches age
16 18, support payments shall continue until the child graduates, otherwise ceases
17 to attend school on a regular basis, fails to make satisfactory academic
18 progress towards graduation, or reaches age 20, whichever comes first, unless
19 the court in its discretion orders that payments cease at age 18 or prior to high
20 school graduation.
21 (3) If the child is enrolled in a cooperative innovative high school program
22 authorized under Part 9 of Article 16 of Chapter 115C of the General Statutes,
23 then payments shall terminate when the child completes his or her fourth year
24 of enrollment or when the child reaches the age of 18, whichever occurs later.
25 In the case of graduation, or attaining age 20, payments shall terminate without order by the
26 court, subject to the right of the party receiving support to show, upon motion and with notice to
27 the opposing party, that the child has not graduated or attained the age of 20.
28 If an arrearage for child support or fees due exists at the time that a child support obligation
29 terminates, payments shall continue in the same total amount that was due under the terms of the
30 previous court order or income withholding in effect at the time of the support obligation. The
31 total amount of these payments is to be applied to the arrearage until all arrearages and fees are
32 satisfied or until further order of the court.
33 (c1) Effective July 1, 1990, the Conference of Chief District Judges shall prescribe
34 uniform statewide presumptive guidelines for the computation of child support obligations,
35 including retroactive support obligations, of each parent as provided in Chapter 50 or elsewhere
36 in the General Statutes and shall develop criteria for determining when, in a particular case,
37 application of the guidelines would be unjust or inappropriate. The purpose of the guidelines and
38 criteria shall be to ensure that payments ordered for the support of a minor child are in such
39 amount as to meet the reasonable needs of the child for health, education, and maintenance,
40 having due regard to the estates, earnings, conditions, accustomed standard of living of the child
41 and the parties, the child care and homemaker contributions of each party, and other facts of the
42 particular case. Additionally, the guidelines shall ensure that payments are in such amount to
43 cover medical expenses incident to the pregnancy and birth of the child. The guidelines shall
44 include a procedure for setting child support, if any, in a joint or shared custody arrangement
45 which shall reflect the other statutory requirements herein.
46 Periodically, but at least once every four years, the Conference of Chief District Judges shall
47 review the guidelines to determine whether their application results in appropriate child support
48 award amounts. The Conference may modify the guidelines accordingly. The Conference shall
49 give the Department of Health and Human Services, the Administrative Office of the Courts, and
50 the general public an opportunity to provide the Conference with information relevant to the
51 development and review of the guidelines. Any modifications of the guidelines or criteria shall
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1 be reported to the General Assembly by the Administrative Office of the Courts before they
2 become effective by delivering copies to the President Pro Tempore of the Senate and the Speaker
3 of the House of Representatives. The guidelines, when adopted or modified, shall be provided to
4 the Department of Health and Human Services and the Administrative Office of the Courts,
5 which shall disseminate them to the public through local IV-D offices, clerks of court, and the
6 media.
7 …."
8 SECTION 1.(b) G.S. 49-15 reads as rewritten:
9 "§ 49-15. Custody and support of children born out of wedlock when paternity established.
10 Upon and after the establishment of paternity pursuant to G.S. 49-14 of a child born out of
11 wedlock, the rights, duties, and obligations of the mother and the father so established, with
12 regard to support and custody of the child, shall be the same, and may be determined and enforced
13 in the same manner, as if the child were the legitimate child of the father and mother. When
14 paternity has been established, the father becomes responsible for medical expenses incident to
15 the pregnancy and the birth of the child."
16 SECTION 1.(c) The Conference of Chief District Judges shall modify the uniform
17 statewide presumptive guidelines for the computation of child support obligations required under
18 G.S. 50-13.4, as amended by subsection (a) of this section.
19 SECTION 1.(d) Subsections (a) and (b) of this section apply to children conceived
20 on or after the effective date of this act.
21
22 PART II. PROHIBIT USE OF TELEHEALTH TO ADVISE ON USE OF OR
23 PRESCRIBE ERECTILE DYSFUNCTION DRUGS
24 SECTION 2.(a) Article 1 of Chapter 90 of the General Statutes is amended by adding
25 a new section to read:
26 "§ 90-18.8. Prohibit use of telehealth for erectile dysfunction drugs.
27 No person licensed under this Article shall provide advice on the use of, or prescribe any
28 drug used for, the treatment of erectile dysfunction."
29 SECTION 2.(b) This section applies to telehealth provided on or after the effective
30 date of this act.
31
32 PART III. PROHIBIT USE OF STATE FUNDS FOR ERECTILE DYSFUNCTION
33 DRUGS
34 SECTION 3.(a) Article 6 of Chapter 143C of the General Statutes is amended by
35 adding a new section to read:
36 "§ 143C-6-5.6. Prohibit State funds for erectile dysfunction drugs.
37 No State funds may be used for the procurement, dispensation, or procurement and
38 dispensation of erectile dysfunction drugs nor to support the administration of any governmental
39 health plan or government-offered insurance policy offering erectile dysfunction drugs. The
40 prohibition in this section does not apply if the erectile dysfunction drugs are being procured and
41 dispensed to be used for procreation."
42 SECTION 3.(b) G.S. 135-48.50 is amended by adding a new subdivision to read:
43 "(1a) Erectile dysfunction drugs. – The Plan shall not provide coverage for erectile
44 dysfunction drugs for which State funds could not be used under
45 G.S. 143C-6-5.6."
46 SECTION 3.(c) Subsection (a) of this section applies beginning with the budget
47 enacted for the fiscal year immediately following the effective date of this act. Subsection (b) of
48 this section applies to coverage provided on or after the effective date of this act.
49
50 PART IV. PROHIBIT THE USE OF STATE FUNDS FOR CRISIS PREGNANCY
51 CENTERS
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1 SECTION 4.(a) Article 6 of Chapter 143C of the General Statutes is amended by
2 adding a new section to read:
3 "§ 143C-6-5.7. Prohibit State funds for crisis pregnancy centers.
4 Except as otherwise provided in subsection (b27) of G.S. 20-81.12, no State funds shall be
5 appropriated to or otherwise provided to a nongovernmental, not-for-profit agency, organization,
6 business, or entity that provides pregnancy services that do not include reproductive or abortion
7 information or services."
8 SECTION 4.(b) This section applies beginning with the budget enacted for the fiscal
9 year immediately following the effective date of this act.
10
11 PART V. PROHIBIT PERSON WHO CAUSED PREGNANCY THROUGH INCEST
12 FROM CUSTODY OF CHILD
13 SECTION 5.(a) G.S. 50-13.1(a) reads as rewritten:
14 "(a) Any parent, relative, or other person, agency, organization or institution claiming the
15 right to custody of a minor child may institute an action or proceeding for the custody of such
16 child, as hereinafter provided. Any person whose actions resulted in a conviction under
17 G.S. 14-27.21, G.S. 14-27.22, G.S. 14-27.23, or G.S. 14-27.24 G.S. 14-27.24, or G.S. 14-178
18 and the conception of the minor child may not claim the right to custody of that minor child.
19 Unless a contrary intent is clear, the word "custody" shall be deemed to include custody or
20 visitation or both."
21 SECTION 5.(b) This section applies to offenses committed on or after the effective
22 date of this act.
23
24 PART VI. ALLOW FOR ABORTION AFTER 20 WEEKS FOR PREGNANCIES
25 CAUSED BY RAPE OR INCEST OR WHERE THE UNBORN CHILD WILL NOT
26 SURVIVE PREGNANCY
27 SECTION 6.(a) G.S. 14-45.1 reads as rewritten:
28 "§ 14-45.1. When abortion not unlawful.
29 (a) Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be
30 unlawful, during the first 20 weeks of a woman's pregnancy, to advise, procure, or cause a
31 miscarriage or abortion when the procedure is performed by a qualified physician licensed to
32 practice medicine in North Carolina in a hospital or clinic certified by the Department of Health
33 and Human Services to be a suitable facility for the performance of abortions.
34 (a1) The Department of Health and Human Services shall annually inspect any clinic,
35 including ambulatory surgical facilities, where abortions are performed. The Department of
36 Health and Human Services shall publish on the Department's Web site and on the State Web
37 site established under G.S. 90-21.84 the results and findings of all inspections conducted on or
38 after January 1, 2013, of clinics, including ambulatory surgical facilities, where abortions are
39 performed, including any statement of deficiencies and any notice of administrative action
40 resulting from the inspection. No person who is less than 18 years of age shall be employed at
41 any clinic, including ambulatory surgical facilities, where abortions are performed. The
42 requirements of this subsection shall not apply to a hospital required to be licensed under Chapter
43 131E of the General Statutes.
44 (b) Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be
45 unlawful, after the twentieth week of a woman's pregnancy, to advise, procure or cause a
46 miscarriage or abortion when the procedure is performed by a qualified physician licensed to
47 practice medicine in North Carolina in a hospital licensed by the Department of Health and
48 Human Services, if any of the following applies:
49 (1) there There is a medical emergency as defined by G.S. 90-21.81(5).
50 (2) The pregnancy resulted from an offense resulting in a conviction under
51 G.S. 14-27.21, 14-27.22, 14-27.23, 14-27.24, or 14-178.
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1 (3) The qualified physician determined that the unborn child would not survive
2 the pregnancy.
3 (b1) A qualified physician who advises, procures, or causes a miscarriage or abortion after
4 the sixteenth week of a woman's pregnancy shall record all of the following: the method used by
5 the qualified physician to determine the probable gestational age of the unborn child at the time
6 the procedure is to be performed; the results of the methodology, including the measurements of
7 the unborn child; and an ultrasound image of the unborn child that depicts the measurements.
8 The qualified physician shall provide this information, including the ultrasound image, to the
9 Department of Health and Human Services pursuant to G.S. 14-45.1(c).
10 A qualified physician who procures or causes a miscarriage or abortion after the twentieth
11 week of a woman's pregnancy pursuant to subdivisions (1) and (3) of subsection (b) of this section
12 shall record the findings and analysis on which the qualified physician based the determination
13 that the unborn child would not survive the pregnancy or that there existed a medical emergency
14 as defined by G.S. 90-21.81(5) and shall provide that information to the Department of Health
15 and Human Services pursuant to G.S. 14-45.1(c). subsection (c) of this section. A qualified
16 physician who procures or causes a miscarriage or abortion after the twentieth week of a woman's
17 pregnancy pursuant to subdivision (2) of subsection (b) of this section shall record the findings
18 on which the qualified physician determined that subdivision (2) of subsection (b) of this section
19 applied and shall provide that information to the Department of Health and Human Services
20 pursuant to subsection (c) of this section. Materials generated by the physician or provided by
21 the physician to the Department of Health and Human Services pursuant to this section shall not
22 be public records under G.S. 132-1.
23 The information provided under this subsection shall