§ 14-45.1. When abortion not unlawful. - North Carolina Statutes

§ 14‑45.1.  Whenabortion not unlawful.

(a)        Notwithstanding anyof the provisions of G.S. 14‑44 and 14‑45, it shall not beunlawful, 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 aphysician licensed to practice medicine in North Carolina in a hospital orclinic certified by the Department of Health and Human Services to be asuitable facility for the performance of abortions.

(b)        Notwithstanding anyof the provisions of G.S. 14‑44 and 14‑45, it shall not beunlawful, after the twentieth week of a woman's pregnancy, to advise, procureor cause a miscarriage or abortion when the procedure is performed by aphysician licensed to practice medicine in North Carolina in a hospitallicensed by the Department of Health and Human Services, if there issubstantial risk that continuance of the pregnancy would threaten the life orgravely impair the health of the woman.

(c)        The Department ofHealth and Human Services shall prescribe and collect on an annual basis, fromhospitals or clinics where abortions are performed, such representativesamplings of statistical summary reports concerning the medical and demographiccharacteristics of the abortions provided for in this section as it shall deemto be in the public interest. Hospitals or clinics where abortions areperformed shall be responsible for providing these statistical summary reportsto the Department of Health and Human Services. The reports shall be forstatistical purposes only and the confidentiality of the patient relationshipshall be protected.

(d)        The requirements ofG.S. 130‑43 are not applicable to abortions performed pursuant to thissection.

(e)        Nothing in thissection shall require a physician licensed to practice medicine in NorthCarolina or any nurse who shall state an objection to abortion on moral,ethical, or religious grounds, to perform or participate in medical procedureswhich result in an abortion. The refusal of such physician to perform or participatein these medical procedures shall not be a basis for damages for such refusal,or for any disciplinary or any other recriminatory action against suchphysician.

(f)         Nothing in thissection shall require a hospital or other health care institution to perform anabortion or to provide abortion services. (1967, c. 367, s. 2; 1971, c.383, ss. 1, 11/2; 1973, c. 139; c. 476, s. 128; c. 711; 1997‑443, s.11A.118(a).)