The GOP abortion bill could change regulations for NC clinics. What to know.

Teddy Rosenbluth
·2 min read
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New legislation unveiled by Republican lawmakers this week included much more than just a 12 week abortion ban.

It establishes new in-person appointment requirements for medication abortion, reduces the length of time medication abortions are legal by a week, and bans aborting fetuses because they are diagnosed with Down syndrome.

For abortion rights advocates, the bill’s language surrounding abortion clinic regulations stood out as an area that could have big impacts on access to reproductive care in the state.

Here’s what you need to know about how this legislation could impact abortion clinics in North Carolina:

Hospital requirements after 12 weeks

  • In the proposed legislation, abortions are banned after 12 weeks, except in cases where the the pregnancy is the result or rape or incest, there is a medical emergency, or the fetus has a “life-limiting anomaly.”

  • If an abortion is allowed after 12 weeks, it must be performed at a hospital, not an abortion clinic, according to the new legislation.

  • Some doctors take issue with this hospital requirement. Dr. Jonas Swartz, a Duke OB/GYN, said abortions are safer than many other procedures performed at outpatient clinics, like colonoscopies.

  • “I regularly take care of patients at 12 weeks and beyond in clinic,” said Dr. Matt Zerden, a Triangle OB-GYN. “Restricting that care to hospitals is just going to make a huge barrier.”

Potential New Regulations

  • One section of the legislation authorizes the North Carolina Medical Care Commission to “adopt, amend, and repeal all rules necessary for the implementation of this Part.”

  • Susanna Birdsong, legal council for Planned Parenthood South Atlantic, said she interprets that to mean the commission will have the latitude to rewrite any regulation or rules governing abortion clinics in the state.

  • According to the legislation, the new regulations could be as strict as the those governing outpatient surgical centers.

  • Planned Parenthood clinics in NC could face major problems if the commission chooses to adopt more stringent regulations. If the clinics have to reapply for more onerous licenses, it’s unclear whether they would be approved or if they might have to close down, said Molly Rivera, a spokesperson for Planned Parenthood South Atlantic.

  • The North Carolina Medical Care Commission is a 17-member group that recommends or rescinds regulations for most of the state’s health care facilities. Its members are appointed by the governor, and are mostly doctors and other medical professionals.

  • The state’s abortion clinics already adhere to strict regulations set by the state that includes requirements about the width of the facility’s hallways, the staff levels in the recovery room, and other things, Birdsong said.

  • The deadline for adopting these potential new regulations is Oct. 1, 2023.

Teddy Rosenbluth covers science and health care for The News & Observer in a position funded by Duke Health and the Burroughs Wellcome Fund. The N&O maintains full editorial control of the work.