Section 1 enacts new Article 11 in GS Chapter 90 as title indicates. GS 90-21.81 defines terms used throughout the new Article. GS 90-21.82 provides that a woman must provide voluntary and informed consent to receive an abortion. It also specifies the information that a physician or qualified professional must provide orally (by telephone or in person) to the woman at least 24 hours before an abortion is performed. GS 90-21.83 specifies information that the Department of Health and Human Services (Department) must compile and make available in print and online. GS 90-21.84 requires the Department to develop and maintain a stable website to provide this information and monitor the site regularly for tampering. Information required to be provided by the Act must be available in English as well as each language that is the primary language of at least 2% of the state’s population. GS 90-21.85 requires that, except in medical emergencies, at least four hours before an abortion is performed, a provider must perform an obstetric ultrasound on the woman and provide her with specific information and the opportunity to view the images and hear the fetal heart tone. GS 90-21.86 specifies the information requirements that apply in medical emergency situations. GS 90-21.87 provides that for unemancipated minors, the required consent must be obtained from both the minor and from the adult individual authorized to give consent pursuant to GS 90-21.7(a). GS 90-21.88 requires the Department to create a system to collect numerous categories of data from physicians and to issue public reports about the data on an annual basis. Physicians failing to report or who submit incomplete reports may be subject to late fees and possibly sanctions for civil contempt. GS 90-21.89 authorizes civil remedies for violations of the Act, including an action for damages, injunctive relief and authorization for awarding attorneys’ fees. GS 90-21.90 directs the court in any proceeding brought under the Act to rule on whether the anonymity of the woman involved shall be preserved from public disclosure and specifies the findings that must be included in any such order. GS 90-21.91 requires that information required by the Act must be provided in person (except information specifically authorized to be provided by telephone) and in a language the woman understands. If the woman is unable to read written materials required by the Act, the materials must be read to the woman in a language she understands. GS 90-21.92 directs a physician who has reason to believe that a woman is being coerced into having an abortion to provide the woman with information about services available to her, including rape crisis centers, shelters for victims of domestic violence, and restraining orders. GS 90-21.93 includes a severability clause.
Section 2 amends GS 90-21.7, which governs consent for abortions performed upon unemancipated minors. Under current law, written consent must be obtained from both the minor and an adult (custodial parent, legal guardian or custodian, parent or grandparent with whom the minor is living). New subsection (a1) requires the written consent be notarized and retained in the minor’s record for a certain period of time.
Section 3 requires the Department to use appropriated funds to implement the Act.
Section 4 provides that the Act is effective 90 days after it becomes law and applies to claims for relief arising on or after December 1, 2011.