reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.81B - When abortion is lawful.

§ 90-21.81B. When abortion is lawful.
Notwithstanding any of the provisions of G.S. 14-44 and G.S. 14-45, and subject to the provisions of this Article, it shall not be unlawful to procure or cause a miscarriage or an abortion in the State of North Carolina in the following circumstances:
(1) When a qualified physician determines there exists a medical emergency.
(2) During the first 12 weeks of a woman's pregnancy, when the procedure is performed by a qualified physician licensed to practice medicine in this State in a hospital, ambulatory surgical center, or clinic certified by the Department of Health and Human Services to be a suitable facility for the performance of abortions, in accordance with G.S. 90-21.82A or during the first 12 weeks of a woman's pregnancy when a medical abortion is procured.
(3) After the twelfth week and through the twentieth week of a woman's pregnancy, when the procedure is performed by a qualified physician in a suitable facility in accordance with G.S. 90-21.82A when the woman's pregnancy is a result of rape or incest.
(4) During the first 24 weeks of a woman's pregnancy, if a qualified physician determines there exists a life-limiting anomaly in accordance with this Article. (2023-14, s. 1.2; 2023-65, s. 14.1(c).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.82A - Suitable facilities for the performance of surgical abortions.

§ 90-21.82A. Suitable facilities for the performance of surgical abortions.
(a) The following definitions apply in this section:
(1) Abortion clinic. – As defined in G.S. 131E-153.1.
(2) Ambulatory surgical facility. – As defined in G.S. 131E-176.
(3) Hospital. – As defined in G.S. 131E-176.
(b) During the first 12 weeks of pregnancy, a physician licensed to practice medicine under this Chapter may perform a surgical abortion in a hospital, an ambulatory surgical facility, or an abortion clinic; provided, however, that (i) the clinic has been licensed by the Department of Health and Human Services to be a suitable facility for the performance of abortions and (ii) the licensed physician performs the abortion in accordance with this Article and Article 1K of this Chapter.
(c) After the twelfth week of pregnancy, a physician licensed to practice medicine under this Chapter may not perform a surgical abortion as permitted under North Carolina law in any facility other than a hospital. (2023-14, s. 2.1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.83B - Distribution of abortion-inducing drugs and duties of physician.

§ 90-21.83B. Distribution of abortion-inducing drugs and duties of physician.
(a) A physician prescribing, administering, or dispensing an abortion-inducing drug must examine the woman in person and, prior to providing an abortion-inducing drug, shall do all of the following:
(1) Independently verify that the pregnancy exists.
(2) Determine the woman's blood type; offer necessary medical services, treatment, and advice, based on the physician's reasonable medical judgment of any medical risks associated with the woman's blood type, including whether the woman's blood type is Rh negative; and be able to administer Rh immunoglobulin at the time of the abortion, if medically necessary.
(3) Provide any other medically indicated diagnostic tests, including iron or hemoglobin/hematocrit tests, to determine whether the woman has a heightened risk of complications.
(4) Screen the woman for coercion, abuse, comply with G.S. 90-21.91, and refer the woman to the appropriate health care provider for appropriate treatment, if medically necessary.
(5) Inform the patient that she may see the remains of her unborn child in the process of completing the abortion.
(6) Verify the probable gestational age of the unborn child.
(7) Document in the woman's medical chart the probable gestational age and existence of an intrauterine pregnancy, and whether the woman received treatment for an Rh negative condition or any other diagnostic tests.
(8) Comply with all provisions of this Article and laws of this State as applicable.
(b) The physician providing any abortion-inducing drug, or an agent of the physician, shall schedule a follow-up visit for the woman at approximately seven to 14 days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. The physician shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment. A brief description of the efforts made to comply with this subsection, including the date, time, and identification by name of the person making these efforts, shall be included in the woman's medical records. (2023-14, s. 1.2; 2023-65, s. 14.1(f).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.84 - Internet website.

§ 90-21.84. Internet website.
The Department shall develop and maintain a stable Internet website to provide the information described in this Article. No information regarding who accesses the website shall be collected or maintained. The Department shall monitor the Web site [website] on a regular basis to prevent and correct tampering. (2011-405, s. 1; 2023-14, s. 1.2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.86 - Procedure in case of medical emergency.

§ 90-21.86. Procedure in case of medical emergency.
When a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 72-hour delay will create a serious risk of substantial and irreversible impairment of a major bodily function, not including psychological or emotional conditions. As soon as feasible, the physician shall document in writing the medical indications upon which the physician relied and shall cause the original of the writing to be maintained in the woman's medical records and a copy given to her. (2011-405, s. 1; 2015-62, s. 7(c).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.87 - Informed consent for a minor.

§ 90-21.87. Informed consent for a minor.
If the woman upon whom an abortion is to be performed is an unemancipated minor, the voluntary and informed written consent required under G.S. 90-21.82 or G.S. 90-21.83A shall be obtained from the minor and from the adult individual who gives consent pursuant to G.S. 90-21.7(a). (2011-405, s. 1; 2023-14, s. 1.2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.88 - Civil remedies.

§ 90-21.88. Civil remedies.
(a) Any person upon whom an abortion has been performed, her personal representative in the event of a wrongful death action in accordance with G.S. 28A-18-1, and any father of an unborn child that was the subject of an abortion may maintain an action for damages against the person who performed the abortion in knowing or reckless violation of this Article. Any person upon whom an abortion has been attempted may maintain an action for damages against the person who performed the abortion in willful violation of this Article.
(a1) Notwithstanding any other provision of law, (i) a woman upon whom the abortion has been attempted, induced, or performed or (ii) her parent or guardian, if she is a minor at the time of the attempted or completed abortion, may bring an action under this section within three years from the date of the alleged violation or from the date of the initial discovery of harm from an alleged violation. If at the time of the alleged violation the woman is a minor, then the minor shall have three years from the date the minor attains the age of majority to bring an action under this section.
(b) Injunctive relief against any person who has willfully violated this Article may be sought by and granted to (i) the woman upon whom an abortion was performed or attempted to be performed in violation of this Article, (ii) any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of this Article, or (iii) the Attorney General. The injunction shall prevent the abortion provider from performing or inducing further abortions in this State in violation of this Article.
(c) If judgment is rendered in favor of the plaintiff in any action authorized under this section, the court shall also tax as part of the costs reasonable attorneys' fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, then the court shall tax as part of the costs reasonable attorneys' fees in favor of the defendant against the plaintiff. (2011-405, s. 1; 2023-14, s. 1.2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.88A - Violation of this Article.

§ 90-21.88A. Violation of this Article.
A physician who violates any provision of this Article shall be subject to discipline by the North Carolina Medical Board under G.S. 90-14(a)(2) and any other applicable law or rule. Any licensed pharmacist who violates any provision of this Article shall be subject to discipline by the North Carolina Board of Pharmacy under Article 4A of this Chapter. Any other licensed health care provider who violates any provision of this Article shall be subject to discipline under their respective licensing agency or board. No pregnant woman seeking to obtain an abortion in accordance with this Article shall be subject to professional discipline for attempting to do so. (2023-14, s. 1.2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.89 - Protection of privacy in court proceedings.

§ 90-21.89. Protection of privacy in court proceedings.
In every proceeding or action brought under this Article, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to the disclosure. The court, upon motion or sua sponte, shall make the ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order issued pursuant to this section shall be accompanied by specific written findings explaining (i) why the anonymity of the woman should be preserved from public disclosure, (ii) why the order is essential to that end, (iii) how the order is narrowly tailored to serve that interest, and (iv) why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who brings an action under G.S. 90-21.88 (a) or (b) shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant. (2011-405, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.90 - Assurance of informed consent.

§ 90-21.90. Assurance of informed consent.
(a) All information required to be provided under G.S. 90-21.82 and G.S. 90-21.83A to a woman considering abortion shall be presented to the woman individually and in the physical presence of the woman and in a language the woman understands to ensure that the woman has adequate opportunity to ask questions and to ensure the woman is not the victim of a coerced abortion.
(b) Should a woman be unable to read the materials provided to the woman pursuant to this section, a physician or qualified professional shall read the materials to the woman in a language the woman understands before the abortion. (2011-405, s. 1; 2023-14, s. 1.2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.91 - Assurance that consent is freely given.

§ 90-21.91. Assurance that consent is freely given.
If a physician acting pursuant to this Article has reason to believe that a woman is being coerced into having an abortion, the physician or qualified professional shall inform the woman that services are available for the woman and shall provide the woman with private access to a telephone and information about, but not limited to, each of the following services:
(1) Rape crisis centers.
(2) Shelters for victims of domestic violence.
(3) Restraining orders.
(4) Pregnancy care centers. (2011-405, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1I - Abortion Laws. › § 90-21.92 - Severability.

§ 90-21.92. Severability.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this Article or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable, and the balance of this Article shall remain effective, notwithstanding such unconstitutionality. The General Assembly hereby declares that it would have passed this Article, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional. (2011-405, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.101 - Findings.

§ 90-21.101. Findings.
(a) The General Assembly makes the following findings:
(1) Access to high-quality health care services is a concern of all persons.
(2) Access to high-quality health care services may be limited for some residents of this State, particularly those who reside in remote, rural areas or in the inner city.
(3) Physicians and other health care providers have traditionally worked to ensure broad access to health care services.
(4) Many health care providers from North Carolina and elsewhere are willing to volunteer their services to address the health care needs of North Carolinians who may otherwise not be able to obtain high-quality health care services.
(b) The General Assembly further finds that it is the public policy of this State to encourage and facilitate the voluntary provision of health care services. (2012-155, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.102 - Definitions.

§ 90-21.102. Definitions.
The following definitions apply in this Article:
(1) Department. – The North Carolina Department of Health and Human Services.
(2) Free clinic. – A nonprofit, 501(c)(3) tax-exempt organization organized for the purpose of providing health care services without charge or for a minimum fee to cover administrative costs.
(3) Health care provider. – Any person who:
a. Is licensed to practice as a physician or a physician assistant under Article 1 of this Chapter.
b. Holds a limited volunteer license under G.S. 90-12.1A.
c. Holds a retired limited volunteer license under G.S. 90-12.1B.
d. Holds a physician assistant limited volunteer license under G.S. 90-12.4.
e. Holds a physician assistant retired limited volunteer license under 90-12.4B.
f. Is a volunteer health care professional to whom G.S. 90-21.16 applies.
g. Is licensed to practice dentistry under Article 2 of this Chapter.
h. Is licensed to practice pharmacy under Article 4A of this Chapter.
i. Is licensed to practice optometry under Article 6 of this Chapter.
j. Is licensed to practice as a registered nurse or licensed practical nurse under Article 9A of this Chapter.
k. Is licensed to practice as a dental hygienist under Article 16 of this Chapter.
l. Holds a license as a registered licensed optician under Article 17 of this Chapter.
m. Is licensed to practice as a physician, physician assistant, dentist, pharmacist, optometrist, registered nurse, licensed practical nurse, dental hygienist, or optician under provisions of law of another state of the United States comparable to the provisions referenced in sub-subdivisions a. through l. of this subdivision.
(4) Sponsoring organization. – Any nonprofit organization that organizes or arranges for the voluntary provision of health care services pursuant to this Article.
(5) Voluntary provision of health care services. – The provision of health care services by a health care provider in association with a sponsoring organization in which both of the following circumstances exist:
a. The health care services are provided without charge to the recipient of the services or to a third party on behalf of the recipient.
b. The health care provider receives no compensation or other consideration in exchange for the health care services provided.
For the purposes of this Article, the provision of health care services in nonprofit community health centers, local health department facilities, free clinic facilities, or at a provider's place of employment when the patient is referred by a nonprofit community health referral service shall not be considered the voluntary provision of health care. (2012-155, s. 1; 2012-194, s. 47(a); 2013-49, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.103 - Limitation on duration of voluntary health care services.

§ 90-21.103. Limitation on duration of voluntary health care services.
A sponsoring organization duly registered in accordance with G.S. 90-21.104 may organize or arrange for the voluntary provision of health care services at a location in this State for a period not to exceed seven calendar days in any calendar year. (2012-155, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.105 - Department and licensure boards to review licensure status of volunteers.

§ 90-21.105. Department and licensure boards to review licensure status of volunteers.
The Department shall forward the information received from a sponsoring organization under G.S. 90-21.104(d)(1) to the appropriate licensure board within seven days after receipt. Upon receipt of any information or notice from a licensure board that a health care provider on the list submitted by the sponsoring organization pursuant to G.S. 90-21.104(d)(1) is not licensed, authorized, or in good standing, or is the subject of an investigation or pending disciplinary action, the Department shall immediately notify the sponsoring organization that the health care provider is not permitted to engage in the voluntary provision of health care services on behalf of the sponsoring organization. (2012-155, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.106 - On-site requirements.

§ 90-21.106. On-site requirements.
A sponsoring organization that organizes or arranges for the provision of voluntary health care services at a location in this State shall ensure that at least one health care provider licensed to practice in this State, with access to the controlled substances reporting system established under G.S. 90-113.73, is located on the premises where the provision of voluntary health care services is occurring. In addition, every sponsoring organization shall post in a clear and conspicuous manner the following notice in the premises where the provision of voluntary health care services is occurring:
"NOTICE
Under North Carolina law, there is no liability for damages for injuries or death alleged to have occurred by reason of an act or omission in the health care provider's voluntary provision of health care services, unless it is established that the injuries or death were caused by gross negligence, wanton conduct, or intentional wrongdoing on the part of the health care provider." (2012-155, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.107 - Additional licensure not required for certain volunteers.

§ 90-21.107. Additional licensure not required for certain volunteers.
(a) A health care provider who engages in the voluntary provision of health care services in association with a sponsoring organization for no more than seven days during any calendar year shall not be required to obtain additional licensure or authorization in connection therewith if the health care provider meets any of the following criteria:
(1) The health care provider is duly licensed or authorized under the laws of this State to practice in the area in which the health care provider is providing voluntary health care services and is in good standing with the applicable licensing board.
(2) The health care provider lawfully practices in another state or district in the area in which the health care provider is providing voluntary health care services and is in good standing with the applicable licensing board.
(b) This exemption from additional licensure or authorization requirements does not apply if any of the following circumstances exist:
(1) The health care provider has been subjected to public disciplinary action or is the subject of a pending disciplinary proceeding in any state in which the health care provider is or ever has been licensed.
(2) The health care provider's license has been suspended or revoked pursuant to disciplinary proceedings in any state in which the health care provider is or ever has been licensed.
(3) The health care provider renders services outside the scope of practice authorized by the health care provider's license or authorization. (2012-155, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1J - Voluntary Health Care Services Act. › § 90-21.108 - Immunity from civil liability for acts or omissions.

§ 90-21.108. Immunity from civil liability for acts or omissions.
(a) Subject to subsection (b) of this section, a health care provider who engages in the voluntary provision of health care services at any location in this State in association with a sponsoring organization shall not be liable for damages for injuries or death alleged to have occurred by reason of an act or omission in the health care provider's voluntary provision of health care services, unless it is established that the injuries or death were caused by gross negligence, wanton conduct, or intentional wrongdoing on the part of the health care provider.
(b) The immunity from civil liability provided by subsection (a) of this section does not apply if any of the following circumstances exist:
(1) The health care provider receives, directly or indirectly, any type of compensation, benefits, or other consideration of any nature from any person for the health care services provided.
(2) The health care services provided are not part of the health care provider's training or assignment.
(3) The health care services provided are not within the scope of the health care provider's license or authority.
(4) The health care services provided are not authorized by the appropriate authorities to be performed at the location. (2012-155, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1K - Certain Abortions Prohibited. › § 90-21.120 - Definitions.

§ 90-21.120. Definitions.
The following definitions apply in this Article:
(1) Abortion. – As defined in G.S. 90-21.81.
(2) Attempt to perform an abortion. – As defined in G.S. 90-21.81.
(3) Woman. – As defined in G.S. 90-21.81. (2013-366, s. 3(a); 2023-14, s. 1.4(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1K - Certain Abortions Prohibited. › § 90-21.121 - Eugenic abortions prohibited.

§ 90-21.121. Eugenic abortions prohibited.
(a) Notwithstanding any of the provisions of G.S. 90-21.81B, no person shall perform or attempt to perform an abortion upon a pregnant woman if the person has knowledge that the pregnant woman is seeking the abortion, in whole or in part, because of any of the following:
(1) The actual or presumed race or racial makeup of the unborn child.
(2) The sex of the unborn child.
(3) The presence or presumed presence of Down syndrome.
(b) Nothing in this section shall be construed as placing an affirmative duty on a physician to inquire as to whether the sex of the unborn child is a significant factor in the pregnant woman seeking the abortion. (2013-366, s. 3(a); 2023-14, s. 1.4(b).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1K - Certain Abortions Prohibited. › § 90-21.122 - Civil remedies.

§ 90-21.122. Civil remedies.
(a) Any person who violates any provision of this Article shall be liable for damages, including punitive damages pursuant to Chapter 1D of the General Statutes, and may be enjoined from future acts.
(b) A claim for damages against any person who has violated a provision of this Article may be sought by (i) the woman upon whom an abortion was performed or attempted in violation of this Article, (ii) any person who is the spouse or guardian of the woman upon whom an abortion was performed or attempted in violation of this Article, or (iii) a parent of the woman upon whom an abortion was performed or attempted in violation of this Article if the woman was a minor at the time the abortion was performed or attempted.
(c) A claim for injunctive relief against any person who has violated a provision of this Article may be sought by (i) the woman upon whom an abortion was performed or attempted in violation of this Article, (ii) any person who is the spouse, guardian, or current or former licensed health care provider of the woman upon whom an abortion was performed or attempted in violation of this Article, or (iii) a parent of the woman upon whom an abortion was performed or attempted in violation of this Article if the woman was a minor at the time the abortion was performed or attempted.
(d) Any person who violates the terms of an injunction issued in accordance with this section shall be subject to civil contempt and shall be fined ten thousand dollars ($10,000) for the first violation, fifty thousand dollars ($50,000) for the second violation, and one hundred thousand dollars ($100,000) for the third violation and each subsequent violation. Each performance or attempted performance of an abortion in violation of the terms of an injunction is a separate violation. The fine shall be the exclusive penalty for civil contempt under this subsection. The fine under this subsection shall be cumulative. No fine shall be assessed against the woman upon whom an abortion is performed or attempted.
(e) The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (2013-366, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1K - Certain Abortions Prohibited. › § 90-21.123 - Protection of privacy in court proceedings.

§ 90-21.123. Protection of privacy in court proceedings.
In every proceeding or action brought under this Article, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if the woman does not give her consent to the disclosure. The court, upon motion or sua sponte, shall make the ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. Each order issued pursuant to this section shall be accompanied by specific written findings explaining (i) why the anonymity of the woman should be preserved from public disclosure, (ii) why the order is essential to that end, (iii) how the order is narrowly tailored to serve that interest, and (iv) why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who brings an action under G.S. 90-21.122 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant. (2013-366, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1L - Emergency or Disaster Treatment Protection Act. › § 90-21.130 - Short title.

§ 90-21.130. Short title.
This Article shall be known and may be cited as the Emergency or Disaster Treatment Protection Act. (2020-3, s. 3D.7(a); 2021-3, s. 2.13(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1L - Emergency or Disaster Treatment Protection Act. › § 90-21.131 - Purpose.

§ 90-21.131. Purpose.
It is the purpose of this Article to promote the public health, safety, and welfare of all citizens by broadly protecting the health care facilities and health care providers in this State from liability that may result from treatment of individuals during the COVID-19 public health emergency under conditions resulting from circumstances associated with the COVID-19 public health emergency. A public health emergency that occurs on a statewide basis requires an enormous response from State, federal, and local governments working in concert with private and public health care providers in the community. The rendering of treatment to patients during such a public health emergency is a matter of vital State concern affecting the public health, safety, and welfare of all citizens. (2020-3, s. 3D.7(a); 2021-3, s. 2.13(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1L - Emergency or Disaster Treatment Protection Act. › § 90-21.133 - Immunity.

§ 90-21.133. Immunity.
(a) Notwithstanding any law to the contrary, except as provided in subsection (b) of this section, any health care facility, health care provider, or entity that has legal responsibility for the acts or omissions of a health care provider shall have immunity from any civil liability for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services only if all of the following apply:
(1) The health care facility, health care provider, or entity is arranging for or providing health care services during the period of the COVID-19 emergency declaration, including, but not limited to, the arrangement or provision of those services pursuant to a COVID-19 emergency rule.
(2) The arrangement or provision of health care services is impacted, directly or indirectly:
a. By a health care facility, health care provider, or entity's decisions or activities in response to or as a result of the COVID-19 pandemic; or
b. By the decisions or activities, in response to or as a result of the COVID-19 pandemic, of a health care facility or entity where a health care provider provides health care services.
(3) The health care facility, health care provider, or entity is arranging for or providing health care services in good faith.
(b) The immunity from any civil liability provided in subsection (a) of this section shall not apply if the harm or damages were caused by an act or omission constituting gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or health care provider providing health care services; provided that the acts, omissions, or decisions resulting from a resource or staffing shortage shall not be considered to be gross negligence, reckless misconduct, or intentional infliction of harm.
(c) Notwithstanding any law to the contrary, a volunteer organization shall have immunity from any civil liability for any harm or damages occurring in or at its facility or facilities arising from the State's response and activities under the COVID-19 emergency declaration and in accordance with any applicable COVID-19 emergency rule, unless it is established that such harm or damages were caused by the gross negligence, reckless misconduct, or intentional infliction of harm by the volunteer organization. (2020-3, s. 3D.7(a); 2021-3, s. 2.13(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1L - Emergency or Disaster Treatment Protection Act. › § 90-21.134 - Severability.

§ 90-21.134. Severability.
This Article shall be liberally construed to effectuate its public health emergency purpose as outlined in G.S. 90-121.131. The provisions of this Article are severable. If any part of this Article is declared to be invalid by a court, the invalidity does not affect other parts of this Article that can be given effect without the invalid provision. (2020-3, s. 3D.7(a); 2021-3, s. 2.13(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.140 - Definitions.

§ 90-21.140. Definitions.
As used in this Article, the following definitions apply:
(1) Abortion. – As defined in G.S. 90-21.81.
(2) Attempt to perform an abortion. – As defined in G.S. 90-21.81.
(3) Born alive. – With respect to a member of the species Homo sapiens, this term means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.141 - Findings.

§ 90-21.141. Findings.
The General Assembly makes the following findings:
(1) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of North Carolina and entitled to all the protections of such laws.
(2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.142 - Requirements for health care practitioners.

§ 90-21.142. Requirements for health care practitioners.
In the case of an abortion or an attempt to perform an abortion that results in a child born alive, any health care practitioner present at the time the child is born alive shall do all of the following:
(1) Exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age.
(2) Following the exercise of skill, care, and diligence required under subdivision (1) of this section, ensure that the child born alive is immediately transported and admitted to a hospital. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.143 - Mandatory reporting of noncompliance.

§ 90-21.143. Mandatory reporting of noncompliance.
A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of G.S. 90-21.142 shall immediately report the failure to comply to an appropriate State or federal law enforcement agency, or both. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.144 - Bar to prosecution of mothers of infants born alive.

§ 90-21.144. Bar to prosecution of mothers of infants born alive.
The mother of a child born alive may not be prosecuted for a violation of, or attempt to or conspiracy to commit a violation of, G.S. 90-21.142 or G.S. 90-21.143 involving the child who was born alive. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.145 - Penalties.

§ 90-21.145. Penalties.
(a) In General. – Except as provided in subsection (b) of this section, unless the conduct is covered under some other provision of law providing greater punishment, a person who violates G.S. 90-21.142 or G.S. 90-21.143 is guilty of a Class D felony, which shall include a fine of not more than two hundred fifty thousand dollars ($250,000).
(b) Unlawful Killing of Child Born Alive. – Any person who intentionally performs or attempts to perform an overt act that kills a child born alive shall be punished as under G.S. 14-17(c) for murder. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1M - Born-Alive Abortion Survivors Protection Act. › § 90-21.146 - Civil remedies; attorneys' fees.

§ 90-21.146. Civil remedies; attorneys' fees.
(a) Civil Remedies. – If a child is born alive and there is a violation of this Article, a claim for damages against any person who has violated a provision of this Article may be sought by the woman upon whom an abortion was performed or attempted in violation of this Article. A claim for damages may include any one or more of the following:
(1) Objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of this Article.
(2) Statutory damages equal to three times the cost of the abortion or attempted abortion.
(3) Punitive damages pursuant to Chapter 1D of the General Statutes.
(b) Attorneys' Fees. – If judgment is rendered in favor of the plaintiff in any action authorized under this section, the court shall also tax as part of the costs reasonable attorneys' fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, then the court shall tax as part of the costs reasonable attorneys' fees in favor of the defendant against the plaintiff. (2023-14, s. 3(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1N - Gender Transition Procedures on Minors. › § 90-21.151 - Limitations on gender transition procedures.

§ 90-21.151. Limitations on gender transition procedures.
It shall be unlawful for a medical professional to perform a surgical gender transition procedure on a minor or to prescribe, provide, or dispense puberty-blocking drugs or cross-sex hormones to a minor. (2023-111, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1N - Gender Transition Procedures on Minors. › § 90-21.153 - Penalties.

§ 90-21.153. Penalties.
A violation of any of the provisions of this Article by a medical professional shall be considered unprofessional conduct and shall result in the revocation of the medical professional's license to practice. (2023-111, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 1N - Gender Transition Procedures on Minors. › § 90-21.154 - Civil remedies.

§ 90-21.154. Civil remedies.
(a) Any (i) medical professional who performs a surgical gender transition procedure on a minor or who prescribes, provides, or dispenses puberty-blocking drugs or cross-sex hormones to a minor and (ii) entity that employs or contracts with a medical professional who performs a surgical gender transition procedure on a minor or who prescribes, provides, or dispenses puberty-blocking drugs or cross-sex hormones to a minor shall be liable to the minor for any physical, psychological, emotional, or physiological harms the minor suffers as a result of the surgical gender transition procedure, puberty-blocking drugs, or cross-sex hormones.
(b) A minor who suffers an injury described in subsection (a) of this section, or a parent or guardian of a minor who suffers an injury described in subsection (a) of this section, may bring a civil action within the latter of 25 years from the day the minor reaches 18 years of age or four years from the time of discovery by the injured party of both the injury and the causal relationship between the treatment and the injury against the offending medical professional or entity. If the minor who suffered any injury described in subsection (a) of this section is under a legal disability upon attaining 18 years of age, the time limitation in this subsection does not begin to run until that legal disability is removed. An individual commencing an action under this section may seek the following relief:
(1) Declaratory or injunctive relief.
(2) Compensatory damages, including pain and suffering, loss of reputation, loss of income, and loss of consortium, which includes the loss of expectation of sharing parenthood.
(3) Punitive damages.
(4) Attorneys' fees and court costs.
(5) Any other appropriate relief.
(c) Minors bringing an action under this section may do so through a parent or guardian prior to attaining majority and may do so in their own name after attaining majority. Notwithstanding G.S. 143-299, any action brought under this section may be commenced within the time frames described in subsection (b) of this section.
(d) G.S. 90-21.19(a) shall not apply to damages awarded in an action brought under this section.
(e) Medical professionals and entities employing or contracting with medical professionals may not seek a contractual waiver of the liability imposed under this section. Any attempted waiver is null and void. (2023-111, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 2 - Dentistry. › § 90-23 - Officers; common seal.

§ 90-23. Officers; common seal.
The North Carolina State Board of Dental Examiners shall, at each annual meeting thereof, elect one of its members president and one secretary-treasurer. The common seal which has already been adopted by said Board, pursuant to law, shall be continued as the seal of said Board. (1935, c. 66, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 2 - Dentistry. › § 90-24 - Quorum; adjourned meetings.

§ 90-24. Quorum; adjourned meetings.
A majority of the members of said Board shall constitute a quorum for the transaction of business and at any meeting of the Board, if a majority of the members are not present at the time and the place appointed for the meeting, those members of the Board present may adjourn from day to day until a quorum is present, and the action of the Board taken at any adjourned meeting thus had shall have the same force and effect as if had upon the day and at the hour of the meeting called and adjourned from day to day. (1935, c. 66, s. 2; 1981, c. 751, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 2 - Dentistry. › § 90-25 - Records and transcripts.

§ 90-25. Records and transcripts.
The said Board shall keep a record of its transactions at all annual or special meetings and shall provide a record book in which shall be entered the names and proficiency of all persons to whom licenses may be granted under the provisions of law. The said book shall show, also, the license number and the date upon which such license was issued and shall show such other matters as in the opinion of the Board may be necessary or proper. Said book shall be deemed a book of record of said Board and a transcript of any entry therein or a certification that there is not entered therein the name, proficiency and license number or date of granting such license, certified under the hand of the secretary-treasurer, attested by the seal of the North Carolina State Board of Dental Examiners, shall be admitted as evidence in any court of this State when the same shall otherwise be competent. (1935, c. 66, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 2 - Dentistry. › § 90-26 - Annual and special meetings.

§ 90-26. Annual and special meetings.
The North Carolina State Board of Dental Examiners shall meet annually on the date and at the time and place as may be determined by the Board, and at such other dates, times, and places as may be determined by action of the Board or by any majority of the members thereof. Notice of the date, time, and place of the annual meeting and of the date, time, and place of any special or called meeting shall be given in writing, by registered or certified mail or personally, to each member of the Board at least 10 days prior to said meeting; provided the requirements of notice may be waived by any member of the Board. At the annual meeting or at any special or called meeting, the said Board shall have the power to conduct examination of applicants and to transact such other business as may come before it, provided that in case of a special meeting, the purpose for which said meeting is called shall be stated in the notice. (1935, c. 66, s. 3; 1961, c. 446, s. 1; 1981, c. 751, s. 4; 1995 (Reg. Sess., 1996), c. 584, s. 5.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 2 - Dentistry. › § 90-27 - Judicial powers; additional data for records.

§ 90-27. Judicial powers; additional data for records.
The president of the North Carolina State Board of Dental Examiners, and/or the secretary-treasurer of said Board, shall have the power to administer oaths, issue subpoenas requiring the attendance of persons and the production of papers and records before said Board in any hearing, investigation or proceeding conducted by it. The sheriff or other proper official of any county of the State shall serve the process issued by said president or secretary-treasurer of said Board pursuant to its requirements and in the same manner as process issued by any court of record. The said Board shall pay for the service of all process, such fees as are provided by law for the service of like process in other cases.
Any person who shall neglect or refuse to obey any subpoena requiring him to attend and testify before said Board or to produce books, records or documents shall be guilty of a Class 1 misdemeanor.
The Board shall have the power, upon the production of any papers, records or data, to authorize certified copies thereof to be substituted in the permanent record of the matter in which such books, records or data shall have been introduced in evidence. (1935, c. 66, s. 4; 1993, c. 539, s. 616; 1994, Ex. Sess., c. 24, s. 14(c).)