GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1026

Short Title:  Right to Know Act.	(Public)
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Sponsors: Representatives Decker; J. Brown, Brubaker, Creech, Nichols, C. Preston, Weatherly, and C. Wilson.
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Referred to:  Courts and Justice.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO ENACT THE WOMAN'S RIGHT TO KNOW ACT REQUIRING INFORMED CONSENT OF THE PREGNANT WOMAN BEFORE 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 1E.
"Woman's Right to Know Act.
"§ 90-21.25. Short title; findings and intent; construction; right of conscience.
(a)	This act shall be known and may be cited as the Woman's Right to Know Act of North Carolina.
(b)	It is the intent of the General Assembly to protect the life and health of the woman subject to abortion and to protect the life and health of the child subject to abortion. The General Assembly finds that the rights and interests furthered by this Article are not secure in the context in which abortion is presently performed.
(c)	Reliable and convincing evidence compels the General Assembly to find the following:
(1)	Many women now seek or are encouraged to undergo abortions without full knowledge of the development of the unborn child or of alternatives to abortion.
(2)	The gestational age at which viability of an unborn child occurs has been lower substantially and steadily as advances in neonatal medical care continue to be made.
(3)	A reasonable waiting period, as contained in this Article, is critical to the assurance that a woman elect to undergo an abortion procedure only after having the fullest opportunity to give her informed consent to the procedure.
(d)	In every relevant civil or criminal proceeding in which it is possible to do so without violating the Constitution of the United States, the common and statutory law of North Carolina shall be construed so as to extend to  the unborn the equal protection of the laws and to further the public policy of this State to encourage childbirth over abortion.
(e)	It is the public policy of North Carolina to respect and protect the right of conscience of all persons who refuse to obtain, receive, subsidize, accept, or provide abortions, including those persons who are engaged in the delivery of medical services and medical care whether acting individually, corporately, or in association with other persons; and to prohibit all forms of discrimination, disqualification, coercion, disability, or imposition of liability or financial burden upon such persons or entities by reason of their refusing to act contrary to their conscience or conscientious convictions in refusing to obtain, receive, subsidize, accept, or provide abortions.
"§ 90-21.26. 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 with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to save the life or preserve the health of an unborn child, to remove a dead unborn child, or to deliver an unborn child prematurely, by accepted medical procedures in order to preserve the health of both the mother and the unborn child.
(2)	'Department' means the Department of Human Resources.
(3)	'Gestational age' means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.
(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 grave impairment to her health.
(5)	'Viability' means that stage of fetal development when, in the judgment of the physician based on the particular facts of the case before the physician and in light of the most advanced medical technology and information available, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the child's mother, with or without artificial support.
"§ 90-21.27. Informed consent to abortion.
(a)	No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced.  Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(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 of:
a.	The nature of the proposed procedure or treatment and of those risks and alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion,
b.	The probable gestational age of the unborn child at the time the abortion is to be performed, and
c.	The medical risks associated with carrying her child to term;
(2)	At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician, or a qualified physician assistant, health care practitioner, technician, or social worker to whom the responsibility has been delegated by either physician, has informed the pregnant woman that:
a.	The Department publishes printed materials which describe the unborn child and list agencies which offer alternatives to abortion and that she has a right to review the printed materials and that a copy will be provided to her free of charge if she chooses to review it,
b.	Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department, and
c.	The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion.  In the case of rape, this information may be omitted;
(3)	A copy of the printed materials has been provided to the pregnant woman if she chooses to view these materials; and
(4)	The pregnant woman certifies in writing, prior to the abortion, that the information required to be provided under subdivisions (1), (2), and (3) of this subsection has been provided.
(b)	Where 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 to avert grave impairment of her health.
(c)	Any physician who violates the provisions of this Article is guilty of 'unprofessional conduct' and such physician's license for the practice of medicine shall be subject to suspension or revocation in accordance with procedures provided under G.S. 90-14.  Any physician who  performs or induces an abortion without first obtaining the certification required by subsection (a)(4) of this section, or with knowledge or reason to know that the informed consent of the woman has not been obtained, shall be guilty of a misdemeanor.  No physician shall be guilty of violating this section for failure to furnish the information required by subsection (a) of this section if the physician can demonstrate, by a preponderance of the evidence, that the physician reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the patient."
Sec. 2. The Department of Human Resources shall develop and publish printed materials on the following:
(1)	A description of the fetal development of an unborn child;
(2)	A list of agencies that offer alternatives to abortion;
(3)	A list of medical assistance benefits that may be available to pregnant women for prenatal care, childbirth, and neonatal care.
The Department shall make such materials available for distribution to physicians upon request, and shall review the materials annually for sufficiency and accuracy.
Sec. 3. This act is effective upon ratification and applies to lawful abortions performed on or after that date.