North Carolina HB 509: Right to Reproductive Freedom Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 509

Short Title: Right to Reproductive Freedom Act. (Public)
Sponsors: Representatives von Haefen, Butler, Greenfield, and Dew (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 26, 2025
*H509-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REMOVE BARRIERS AND GAIN ACCESS TO ABORTION AND 2
REPRODUCTIVE HEALTH (RIGHT TO REPRODUCTIVE FREEDOM ACT). 3
Whereas, the ability to access safe and legal abortion is a critical component of a 4
patient's health and dignity, as well as independence, freedom, and equality; and 5
Whereas, throughout pregnancy, patients must be able to make their own health care 6
decisions with the advice of health care professionals they trust and without government 7
interference; and 8
Whereas, North Carolina has limited access to abortion services by enacting a 9
growing number of hurdles, restrictions, and requirements that serve no medical purpose and are 10
intended to make it more difficult for patients to access health care; and 11
Whereas, the impact of abortion restrictions is predominantly felt by those who 12
already experience systemic barriers to health care, including young people, people of color, 13
those with disabilities, individuals with low incomes, and those who live in rural areas or are 14
undocumented; Now, therefore, 15
The General Assembly of North Carolina enacts: 16
SECTION 1.(a) Chapter 90 of the General Statutes is amended by adding a new 17
Article to read: 18
"Article 1O. 19
"Codify Roe and Casey Protections. 20
"§ 90-21.160. Short title. 21
This Article shall be known and may be cited as "Right to Reproductive Freedom Act." 22
"§ 90-21.161. Purpose. 23
The purpose of this Article is to codify the essential holdings of Roe v. Wade, 410 U.S. 113 24
(1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). 25
"§ 90-21.162. Allowable requirements. 26
(a) The State shall not impose an undue burden on the ability of a person to choose 27
whether or not to terminate a pregnancy before fetal viability. 28
(b) The State may restrict the ability of a person to choose whether or not to terminate a 29
pregnancy after fetal viability, unless such a termination is necessary to preserve the life or health 30
of the person. 31
(c) For the purposes of this section, the term "undue burden" means any burden that 32
places a substantial obstacle in the path of a person seeking to terminate a pregnancy prior to 33
fetal viability. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 509-First Edition
(d) Nothing in this Article shall be construed to have any effect on laws regarding 1
conscience protection." 2
SECTION 1.(b) G.S. 90-21.4 reads as rewritten: 3
"§ 90-21.4. Responsibility, liability and immunity of physicians. 4
... 5
(c) For the purposes of this section, a person who is qualified to practice medicine under 6
Article 1 of this Chapter, a physician assistant as defined in G.S. 90-18.1, a nurse practitioner as 7
defined in G.S. 90-18.2, or a certified nurse midwife licensed under Article 10A of this Chapter 8
shall qualify for the same limited immunity in this section that is designated for a physician." 9
SECTION 1.(c) G.S. 90-21.9 reads as rewritten: 10
"§ 90-21.9. Medical emergency exception. 11
(a) The requirements of parental consent prescribed by G.S. 90-21.7(a) shall not apply 12
when, in the best medical judgment of the physician based on the facts of the case before the 13
physician, a medical emergency exists that so complicates the pregnancy as to require an 14
immediate abortion, or when the conditions prescribed by G.S. 90-21.1(4) are met. 15
(b) For the purposes of this section and G.S. 90-21.7, a person who is qualified to practice 16
medicine under Article 1 of this Chapter, a physician assistant as defined in G.S. 90-18.1, a nurse 17
practitioner as defined in G.S. 90-18.2, or a certified nurse midwife licensed under Article 10A 18
of this Chapter may fulfill the requirements and functions designated for a physician." 19
SECTION 1.(d) G.S. 90-21.5 reads as rewritten: 20
"§ 90-21.5. Minor's consent sufficient for certain medical health services. 21
(a) Subject to subsection (a1) of this section, any minor may give effective consent to a 22
physician licensed to practice medicine in North Carolina for medical health services for the 23
prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under 24
G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional 25
disturbance. This section does not authorize the inducing of an abortion, performance of a 26
sterilization operation, operation or admission to a 24-hour facility licensed under Article 2 of 27
Chapter 122C of the General Statutes except as provided in G.S. 122C-223. This section does 28
not prohibi