N.C. Senate approves abortion rules

N.C. measure requires women seeking an abortion to get an ultrasound, counseling and then wait 24 hours. Legislation moves to Gov. Perdue.

By Eden Stiffman
eden.stiffman@newsobserver.com

Posted: Thursday, Jun. 16, 2011

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North Carolina's current laws on abortion include:

"It shall not be unlawful, during the first 20 weeks of a woman's pregnancy, to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a physician licensed to practice medicine in North Carolina in a hospital or clinic certified by the Department of Health and Human Services ..."

"It shall not be unlawful, after the twentieth week of a woman's pregnancy, to advise, procure or cause a miscarriage or abortion ... if there is substantial risk that continuance of the pregnancy would threaten the life or gravely impair the health of the woman."

"Nothing ... shall require a physician licensed to practice medicine in North Carolina or any nurse who shall state an objection to abortion on moral, ethical, or religious grounds, to perform or participate in medical procedures which result in an abortion. The refusal of such physician to perform or participate in these medical procedures shall not be a basis for damages for such refusal, or for any disciplinary or any other recriminatory action against such physician."

"Nothing ... shall require a hospital or other health care institution to perform an abortion or to provide abortion services."

RALEIGH -- Women seeking abortions in North Carolina would have to get an ultrasound and wait 24 hours after a counseling session under a proposal that could test Gov. Bev Perdue's abortion rights stance.

The Senate voted 29-20 late Wednesday to approve the measure, which now heads to Perdue, who will decide whether to accept or veto it.

Perdue has hinted at a possible veto. Last week, Perdue said "government has no role interfering in the relationship between a doctor and a patient." And her spokeswoman called it an example of "Republicans' more extreme agenda."

Republicans contend the measure gives women more information about what happens during an abortion and who is providing it.

Along with a 24-hour waiting period, North Carolina's legislation also requires that physicians who perform the procedure show the woman a real-time view of her unborn child while simultaneously describing what she is seeing.

The bill passed the House last month in a 71-48 vote. It fell one vote short of a veto-proof majority.

The law would make North Carolina one of 34 states to require a waiting period before an abortion. Seven states now require counseling before the waiting period, 16 states require that the woman be offered information on the risks and eight require that the materials be given to her.

"We know statistically that this type of legislation helps to make abortions more rare," said Republican Sen. Warren Daniel of Morganton, on the Senate floor. Approximately 30,000 abortions are performed in the state annually and similar legislation has shown to reduce that number by up to 10 percent.

"This bill is an insult to women," said Democratic Sen. Eleanor Kinnaird of Chapel Hill. "I would think that most women who have arrived at this decision have probably talked with their primary doctor."

Four other states require that the woman see an ultrasound but North Carolina would be the first to require a woman to listen to her doctor describe the images. Women without private insurance or Medicaid would be required to pay for the ultrasound procedure, generally around $300, out of pocket.

"She'll have to give it very, very serious thought before taking action. The governor supports choice. She's made that very clear," said Perdue spokeswoman Chrissy Pearson.

The Associated Press and Observer staff writer Jim Morrill contributed.