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. The Department was made aware of the proposed changes on May 2, 2023, when a Proposed Conference Committee Substitute was issued that made the changes to the State’s abortion laws. The revisions in Part I and Section 2.4 of Part II of the law go into effect on July 1, 2023, less than 2 months after the Department became aware of the proposed changes. Among other changes, S.L. 2023-14 makes significant changes to defining when an abortion is lawful. Current rules governing the certification of abortion clinics are found in Subchapter 14E of Title 10A of the Administrative Code. Given the changes to the law that will become effective July 1, and the fact that the Department cannot complete temporary or permanent rulemaking by that date, the Department is making certain amendments to the existing rules to conform with those provisions in S.L. 2023-14 that become effective on July 1st. Emergency rules then temporary rule were adopted to ensure continuity of care. There are 5 permanent rules proposed for this Subchapter.