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.
- Notification of proposed temporary amendment rules
- Proposed Effective Date: October 1, 2024
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Public Comment Period: June 17, 2024 – August 16, 2024
Comments may be submitted by:- Email: [email protected]
- Mail: Shanah Black, Division of Health Service Regulation, 809 Ruggles Drive, 2701
Mail Service Center, Raleigh, NC 27699-2701
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Public Hearing:
- Date: July 24, 2024
- Time: 10:00 a.m.
- Location: Room 026 Edgerton Building, 809 Ruggles Drive, Raleigh, NC 27603
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The fiscal note was approved by:
- OSBM on May 15, 2024
- o N.C. Medical Care Commission on May 17, 2024
- Rule Fiscal Note
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Federal Certification required by GS 150B-19.1(g)
- Not applicable for these rules
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The notice of text as approved by the N.C. Department of Health and Human Services on March 5, 2024:
- 10A NCAC 13S .0101
- 10A NCAC 13S .0104
- 10A NCAC 13S .0201
- 10A NCAC 13S .0207
- 10A NCAC 13S .0212
- 10A NCAC 13S .0318
- 10A NCAC 13S .0319
- 10A NCAC 13S .0320
- 10A NCAC 13S .0321
- 10A NCAC 13S .0322
- 10A NCAC 13S .0323
- 10A NCAC 13S .0324
- 10A NCAC 13S .0325
- 10A NCAC 13S .0326
- 10A NCAC 13S .0327
- 10A NCAC 13S .0328
- 10A NCAC 13S .0329
- 10A NCAC 13S .0330
- 10A NCAC 13S .0331
- Public Comments:
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.