GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 641

Short Title:  Med. Care Comm. Abortion Clinic.	(Public)
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Sponsors: Senator Cooper.
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Referred to:  Judiciary II.
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March 31, 1993

A BILL TO BE ENTITLED
AN ACT TO CLARIFY RULE MAKING FOR THE OPERATION OF ABORTION CLINICS AND TO MAKE TECHNICAL CHANGES TO G.S. 143B-165.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-45.1(a) reads as rewritten:
"(a)	Notwithstanding any of the provisions of G.S. 14-44 and 14-45, it shall not be unlawful, during the first 20 weeks of a woman's pregnancy, to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a physician licensed to practice medicine in North Carolina in a hospital or clinic certified by the Department of Human Resources to be a suitable facility for the performance of abortions.  The North Carolina Medical Care Commission, created pursuant to G.S. 143B-165, shall adopt rules to assure the suitability of these facilities."
Sec. 2.  G.S. 143B-165 reads as rewritten:
"§ 143B-165.  North Carolina Medical Care Commission – creation, powers and duties.
There is hereby created the North Carolina Medical Care Commission of the Department of Human Resources with the power and duty to adopt rules to be followed in the construction and maintenance of public and private hospitals, medical centers, and related facilities and with the power and duty to adopt rules under and not inconsistent with the laws of the State necessary to carry out the provisions and purposes of this Article.
(1)	The North Carolina Medical Care Commission shall adopt statewide plans for the construction and maintenance of hospitals, medical centers, and related facilities, or other as may be found desirable and necessary in order to meet the requirements and receive the benefits of any federal legislation with regard thereto.
(2)	The Commission may adopt rules necessary to carry out the intent and purposes of Article 5 of Chapter 131E of the General Statutes.
(3)	The Commission may adopt reasonable and necessary standards with reference thereto as may be proper to cooperate fully with the Surgeon General or other agencies or departments of the United States and the use of funds provided by the federal government as contained and referenced in Article 5 of Chapter 131E of the General Statutes.
(4)	The Commission shall approve projects in the amounts of grants-in-aid from funds supplied by the federal and State governments for the planning and construction of hospitals and other related medical facilities.
(5)	Repealed by Session Laws 1981 (Regular Session, 1982), c. 1388, s. 3.
(6)	The Commission shall adopt rules with respect to the different types of hospitals to be licensed under the provisions of Article 5 of Chapter 131E of the General Statutes.
(7)	The Commission may adopt rules, not inconsistent with the laws of this State, as may be required by the federal government for grants-in-aid for medical facility services and licensure which may be made available to the State by the federal government.  This section is to be liberally construed in order that the State and its citizens may benefit from these grants-in-aid.
(8)	The Commission shall adopt rules, consistent with the provisions of this Chapter.  All rules not inconsistent with the provisions of this Chapter heretofore adopted by the North Carolina Medical Care Commission shall remain in full force and effect unless and until repealed or superseded by action of the North Carolina Medical Care Commission.  All rules adopted by the Commission shall be enforced by the Department of Human Resources.
(9)	The Commission shall adopt rules with regard to emergency medical services in accordance with the provisions of Article 7 of Chapter 131E and Article 56 of Chapter 143 of the General Statutes.
(10)	The Commission shall adopt rules for the operation of nursing homes, as defined by G.S. 131E-101(6).
(11)	The Commission may adopt rules as may be necessary to carry out the provisions of Part C of Article 6, and Article 10, of Chapter 131E of the General Statutes.
(12)	The Commission shall adopt rules, including temporary rules pursuant to G.S. 150B-13, providing for the accreditation of facilities that perform mammography procedures and for laboratories evaluating screening pap smears.  Mammography accreditation standards shall address, but are not limited to, the quality of mammography equipment used and the skill levels and other qualifications of personnel who administer mammographies and personnel who interpret mammogram results.  The Commission's standards shall be no less stringent than those established by the United States Department of Health and Human Services for Medicare/Medicaid coverage of screening mammography.  These rules shall also specify procedures for waiver of these accreditation standards on an individual basis for any facility providing screening mammography to a significant number of patients, but only if there is no accredited facility located nearby.  The Commission may grant a waiver subject to any conditions it deems necessary to protect the health and safety of patients, including requiring the facility to submit a plan to meet accreditation standards.
(13)	The Commission shall adopt rules to ensure the suitability of facilities and services for the performance of abortions, as authorized by G.S. 14-45.1."
Sec. 3.  This act is effective upon ratification.