Licensure of Suitable Facilities for the Performance of Surgical Abortions Rules

On June 30, 2023, the Codifier of Rules notified N.C. DHHS that, “Pursuant to G.S. 150B-21.7, all permanent rules in 10A NCAC 14E are repealed effective July 1, 2023 following the repeal of G.S. 14-45.1 in Session Law 2023-14.” The repeal of these rules occurred following a submission by the Department requesting the Codifier amend the history note of the rules to reflect the change in statutory authority from G.S. 14-45.1 to Session Law 2023-14, Part II, Section 2.4. The Department’s rulemaking authority under both laws directs the Department to regulate facilities suitable for the performance of abortions through ensuring that minimum health and safety standards are implemented and adhered to by the facilities performing abortions and providing other reproductive health services. Specifically, the General Assembly states that enforcement of these basic standards are to ensure safe and adequate treatment of individuals in abortion clinics. 131E-153(b)(2). The rules repealed effective July 1, 2023 contain current minimum standards for nursing services, laboratory services, emergency back-up services, surgical services, medications and anesthesia, post-operative care, and staff qualifications. Additionally, rules regulating basic standards for building codes, sanitation, and record keeping in abortion clinics have also been removed from the Administrative Code. The repeal of these rules was an unforeseen action as the Department’s rulemaking authority over the facilities suitable for the performance of abortions has remained substantially the same, and therefore, authority for maintaining and adopting rules to ensure that health and safety standards of these facilities remains in effect. In sum, the repeal of these rules represents a serious and unforeseen threat to public health and safety of those seeking reproductive health care and to the operation of facilities providing this care, and therefore, emergency rulemaking is both necessary and appropriate.