GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                   D

HOUSE DRH70055-LU-22  (02/07)

 

 

 

 

 

 

Short Title:     WRTK-Woman's Right to Know.

(Public)

Sponsors:

Representative Johnson.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to require a twenty-four-hour waiting period and the informed consent of a pregnant woman before an abortion may be performed.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 90 of the General Statutes is amended by adding the following new Article to read:

"Article 1H.

"Woman's Right to Know Act.

"§ 90-21.60.  Short title.

This act shall be known and may be cited as the 'Woman's Right to Know Act'.

"§ 90-21.61.  Definitions.

As used in this Article, unless the context clearly requires otherwise, the term:

(1)       'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

(2)       'Attempt to perform an abortion' means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in North Carolina in violation of this Article.

(3)       'Department' means the Department of Health and Human Services.

(4)       'Medical emergency' means that condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(5)       'Physician' means an individual licensed to practice medicine or osteopathy in accordance with this Chapter.

(6)       'Probable gestational age' means what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.

(7)       'Qualified person' means an agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, registered nurse, licensed physician, or certified health educator.

(8)       'Stable Internet Web site' means a Web site that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the Department.

(9)       'Woman' means a female human, whether or not she is an adult.

"§ 90-21.62.  Informed consent to abortion.

No abortion shall be performed upon a woman in this State without her voluntary and informed consent. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if all of the following conditions are satisfied:

(1)       At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman, by telephone or in person, of all of the following:

a.         The name of the physician who will perform the abortion.

b.         The statistically significant medical risks associated with the particular abortion procedure to be performed.

c.         The probable gestational age of the unborn child at the time the abortion is to be performed.

d.         If the physician who is to perform the abortion has no liability insurance for malpractice in the performance or attempted performance of an abortion, that information shall be communicated.

e.         If the physician who will perform the abortion has no local hospital admitting privileges, that information shall be communicated.

The information required by this subdivision may be provided orally, by telephone or in person, without conducting a physical examination or tests of the patient, in which case the required information may be based on facts supplied by the woman to the physician and whatever other relevant information is reasonably available. The information required by this subdivision may not be provided by a tape recording but must be provided during a consultation in which the physician is able to ask questions of the woman and the woman is able to ask questions of the physician. If, in the medical judgment of the physician, a physical examination, tests, or the availability of other information to the physician subsequently indicates a revision of the information previously supplied to the patient, then that revised information may be communicated to the patient at anytime prior to the performance of the abortion. Nothing in this section may be construed to preclude provision of required information in a language understood by the patient through a translator.

(2)       The physician who is to perform the abortion, the referring physician, or a qualified person has informed, by telephone or in person, the woman of each of the following at least 24 hours before the abortion:

a.         That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care.

b.         That public assistance programs under Chapter 108A of the General Statutes may or may not be available as benefits under federal and State assistance programs.

c.         That the father is liable to assist in the support of the child, even if the father has offered to pay for the abortion.

d.         That the woman has the right to review the printed materials described in G.S. 90-21.63, that these materials are available on a State-sponsored Web site, and the address of the State-sponsored Web site. The physician or a qualified person shall orally inform the woman that the materials have been provided by the Department and that they describe the unborn child and list agencies that offer alternatives to abortion. If the woman chooses to view the materials other than on the Web site, they shall either be given to her at least 24 hours before the abortion or be mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee.

e.         That the woman is free to withhold or withdraw her consent to the abortion at anytime before or during the abortion without affecting her right to future care or treatment and without the loss of any State or federally funded benefits to which she might otherwise be entitled.

The information required by this subdivision may be provided by a tape recording if provision is made to record or otherwise register specifically whether the woman does or does not choose to have the printed materials given or mailed to her.

(3)       If the physician uses ultrasound equipment in the performance of an abortion, the physician shall inform the woman that she has the right to view the ultrasound image of her unborn child before an abortion is performed. If the woman requests to view the ultrasound image, it shall be shown to her.

(4)       The woman certifies in writing, prior to the abortion, that the information described in subdivisions (1) and (2) of this section has been furnished her and that she has been informed of her opportunity to review the information referred to in sub-subdivision c. of subdivision (2) of this section and in subdivision (3) of this section. The original of this certification shall be maintained in the woman's medical records, and a copy shall be given to her.

(5)       Prior to the performance of the abortion, the physician who will perform the abortion or the qualified person must receive a copy of the written certification required by subdivision (4) of this section.

(6)       The information required under this section and under G.S. 90-21.66 is provided to the woman individually to protect her privacy and maintain the confidentiality of the decision and to ensure that the information focuses on her individual circumstances and that she has an adequate opportunity to ask questions. If, at the time the information is provided, the woman is on the premises of the physician who is to perform the abortion, then the information shall be provided in a private room in order to further the protections and purposes of this subdivision.

(7)       The woman is not required to pay any amount for the abortion procedure until the 24-hour waiting period has expired.

"§ 90-21.63.  Printed information required.

(a)       The Department shall publish in English and in each language that is the primary language of at least two percent (2%) of the State's population and shall cause to be available on the State Web site established under G.S. 90-21.64 the following printed materials in a manner that ensures that the information is easily comprehensible:

(1)       Geographically indexed materials designed to inform a woman of public and private agencies and services available to assist her through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies. The information shall include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they might be contacted. In the alternative, in the discretion of the Department, the printed materials may contain a toll-free, 24-hour-a-day telephone number that may be called to obtain, orally, a list of these agencies in the locality of the caller and of the services they offer.

(2)       Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time of conception until full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of the unborn child at two-week gestational increments. The pictures must contain the dimensions of the unborn child and must be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures employed, the medical risks associated with each procedure, the possible detrimental psychological effects of abortion, and the medical risks associated with each procedure, as well as the medical risks associated with carrying an unborn child to term.

(b)       The materials referred to in subsection (a) of this section shall be printed in a typeface large enough to be clearly legible. The Web site provided for in G.S. 90-21.64 shall be maintained at a minimum resolution of 70 DPI (dots per inch). All pictures appearing on the Web site shall be a minimum of 200x300 pixels. All letters on the web site shall be a minimum of 11 point font. All information and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins.

(c)       The materials required under this section shall be available at no cost from the Department upon request and in appropriate numbers to any physician, qualified person, facility, or hospital.

"§ 90-21.64.  Internet Web site.

The Department shall develop and maintain a stable Internet Web site to provide the information described under G.S. 90-21.63. No information regarding who accesses the Web site shall be collected or maintained. The Department shall monitor the Web site on a daily basis to prevent and correct tampering.

"§ 90-21.65.  Procedure in case of medical emergency.

When a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay will create a serious risk of substantial and irreversible impairment of a major bodily function. As soon as feasible, the physician shall document in writing the medical indications upon which the physician relied and shall cause the original of the writing to be maintained in the woman's medical records and a copy given to her.

"§ 90-21.66.  Informed consent for a minor.

If the woman upon whom an abortion is to be performed is an unemancipated minor, the voluntary and informed written consent required under G.S. 90-21.62 shall be obtained from the minor and from the adult individual who gives consent pursuant to G.S. 90-21.7(a), unless the waiver order of G.S. 90-21.8(e) and (f) has been issued.

"§ 90-21.67.  Civil remedies.

(a)       Any person upon whom an abortion has been performed and any father of an unborn child that was the subject of an abortion may maintain an action for damages against the person who performed the abortion in knowing or reckless violation of this Article. Any person upon whom an abortion has been attempted may maintain an action for damages against the person who performed the abortion in knowing or reckless violation of this Article.

(b)       If judgment is rendered in favor of the plaintiff in any action authorized under this section, the court shall also tax as part of the costs reasonable attorneys' fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant, and the court finds that the plaintiff's suit was frivolous and brought in bad faith, then the court shall tax as part of the costs reasonable attorneys' fees in favor of the defendant against the plaintiff."

SECTION 2.  If any provision, word, phrase, or clause of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the provisions, words, phrases, clauses, or applications of this act which can be given effect without the invalid provision, word, phrase, clause, or application, and to this end the provisions, words, phrases, and clauses of this act are declared to be severable. The General Assembly declares that it would have enacted this act and each provision, word, phrase, or clause of this act irrespective of the fact that any one or more provision, word, phrase, or clause be declared unconstitutional.

SECTION 3.  The Department of Health and Human Services shall use funds available to cover the costs of implementing this act.

SECTION 4.  This act becomes effective October 1, 2007, and applies to claims for relief arising on or after that date.