A BILL TO BE ENTITLED
AN ACT to prohibit an abortion from being performed after 13 weeks of pregnancy unless there is a medical emergency.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑45.1 reads as rewritten:
"§ 14‑45.1.  When abortion not unlawful.
(a)	Notwithstanding any of the provisions of G.S. 14‑44 and 14‑45, it shall not be unlawful, during the first 13 weeks of a woman's pregnancy, to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a qualified physician licensed to practice medicine in North Carolina in a hospital or clinic certified by the Department of Health and Human Services to be a suitable facility for the performance of abortions.
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(b)	Notwithstanding any of the provisions of G.S. 14‑44 and 14‑45, it shall not be unlawful, after the thirteenth week of a woman's pregnancy, to advise, procure or cause a miscarriage or abortion when the procedure is performed by a qualified physician licensed to practice medicine in North Carolina in a hospital licensed by the Department of Health and Human Services, if there is a medical emergency as defined by G.S. 90‑21.81(5).
(b1)	A qualified physician who procures or causes a miscarriage or abortion after the thirteenth week of a woman's pregnancy shall record the findings and analysis on which the qualified physician based the determination that there existed a medical emergency as defined by G.S. 90‑21.81(5) and shall provide that information to the Department of Health and Human Services pursuant to G.S. 14‑45.1(c). Materials generated by the physician or provided by the physician to the Department of Health and Human Services pursuant to this section shall not be public records under G.S. 132‑1.
The information provided under this subsection shall be for statistical purposes only, and the confidentiality of the patient and the physician shall be protected. It is the duty of the qualified physician to submit information to the Department of Health and Human Services that omits identifying information of the patient and complies with Health Insurance Portability and Accountability Act of 1996 (HIPAA).
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SECTION 2.  This act becomes effective December 1, 2019, and applies to miscarriages or abortions caused or procured on or after that date.