Licensure of Suitable Facilities for the Performance of Surgical Abortions Rules

On May 16, 2023, Senate Bill 20 became law as S.L. 2023-14. This new law entitled “An Act to Make Various Changes to Health Care Laws and to Appropriate Funds for Health Care Programs” made revisions to various state laws governing abortions in North Carolina. Effective October 1, 2023, the North Carolina Medical Care Commission was authorized to “ adopt, amend, and repeal all rules necessary for the implementation” of Part II of S.L. 2023-14. Current rules governing the certification of abortion clinics are found in Subchapter 14E of Title 10A of the Administrative Code. However, the Rules Review Commission objected to the presence of those rules as adopted by the Department of Health and Human Services, Division of Health Services Regulation on the basis of a lack of statutory authority. The consequence of that determination is that the existing rules governing abortion clinics are at imminent risk of being removed from the Administrative Code. The adoption of emergency rules ensured continuity of care for patients, will resolve any uncertainty about the rules applicable to impacted providers from October 1st, 2023 until the Medical Care Commission was able to promulgate temporary or permanent rules, and will protect the health and safety of people obtaining reproductive health care, and to provide certainty to medical providers. The Medical Care Commission previously adopted temporary rules and is now seeking to adopt permanent rules after working with a stakeholder group.