GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 169

Short Title:  Abortion:  Duty to Advise.	(Public)
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Sponsors: Representatives Dawkins; and L. Etheridge.
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Referred to:  Judiciary.
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February 7, 1989

A BILL TO BE ENTITLED
AN ACT TO IMPOSE UPON PERSONS WHO PERFORM ABORTIONS A DUTY TO PROVIDE MEDICAL ADVICE AND COUNSELING REGARDING THE POTENTIAL PHYSIOLOGICAL AND PSYCHOLOGICAL CONSEQUENCES OF ABORTION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 1 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 43E.  
"Duty to Provide Medical Advice and Counseling on Abortion.
"§ 1-539.25.  Duty to advise and counsel abortion patients.
(a)	A person authorized to perform abortions in this State shall, before performing the abortion, provide medical advice and counseling to the woman seeking the abortion regarding the potential medical, physiological, and psychological consequences of having an abortion.
(b)	A person who fails to comply with subsection (a) shall be liable to the woman upon whom the person performed an abortion, for severe mental distress proximately caused by the abortion.
(c)	Actual and punitive damages shall be recoverable in an action brought under this section."
Sec. 2. This act shall become effective January 1, 1990, and shall apply to abortions performed on or after that date.