(a) Notwithstanding G.S. 90-21.81B, except in the case of a medical emergency, in order for the woman to make an informed decision, at least four hours before a woman having any part of an abortion performed or induced, and before the administration of any anesthesia or medication in preparation for the abortion on the woman, the physician who is to perform the abortion, or qualified technician working in conjunction with the physician, shall do each of the following:
(1) Perform an obstetric real-time view of the unborn child on the pregnant woman.
(2) Provide a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus and the number of unborn children depicted. The individual performing the display shall offer the pregnant woman the opportunity to hear the fetal heart tone. The image and auscultation of fetal heart tone shall be of a quality consistent with the standard medical practice in the community. If the image indicates that fetal demise has occurred, a woman shall be informed of that fact.
(3) Display the images so that the pregnant woman may view them.
(4) Provide a medical description of the images, which shall include the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable.
(5) Obtain a written certification from the woman, before the abortion, that the requirements of this section have been complied with, which shall indicate whether or not she availed herself of the opportunity to view the image.
(6) Retain a copy of the written certification prescribed by subdivision (a)(5) of this section. The certification shall be placed in the medical file of the woman and shall be kept by the abortion provider for a period of not less than seven years. If the woman is a minor, then the certification shall be placed in the medical file of the minor and kept for at least seven years or for five years after the minor reaches the age of majority, whichever is greater.
If the woman has had an obstetric display of a real-time image of the unborn child within 72 hours before the abortion is to be performed, the certification of the physician or qualified technician who performed the procedure in compliance with this subsection shall be included in the patient's records and the requirements under this subsection shall be deemed to have been met.
(a1) A pregnant woman has the right to view a real-time view image of the unborn child under this section and shall not be denied a real-time view of the unborn child due to a clinic policy or rule.
(b) Nothing in this section shall be construed to prevent a pregnant woman from averting her eyes from the displayed images or from refusing to hear the simultaneous explanation and medical description.
(c) In the event the person upon whom the abortion is to be performed is an unemancipated minor, as defined in G.S. 90-21.6(1), the information described in subdivisions (a)(2) and (a)(4) of this section shall be furnished and offered respectively to a person required to give parental consent under G.S. 90-21.7(a) and the unemancipated minor. The person required to give consent in accordance with G.S. 90-21.7(a), as appropriate, shall make the certification required by subdivision (a)(5) of this section. In the event the person upon whom the abortion is to be performed has been adjudicated mentally incompetent by a court of competent jurisdiction, the information shall be furnished and offered respectively to her spouse or a legal guardian if she is married or, if she is not married, to one parent or a legal guardian and the woman. The spouse, legal guardian, or parent, as appropriate, shall make the certification required by subdivision (a)(5) of this section. In the case of an abortion performed pursuant to a court order under G.S. 90-21.8(e) and (f), the information described in subdivisions (a)(2) and (a)(4) of this section shall be provided to the minor, and the certification required by subdivision (a)(5) of this section shall be made by the minor. (2011-405, s. 1; 2023-14, s. 1.2; 2023-65, s. 14.1(h).)
Notes of Decisions
Cited in
3
cases, 2011–2014 · leading case:
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
· cites it 51× “It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014).
· cites it 6× “one provision of the Act, the Display of Real-Time View Requirement (“the Requirement”), codified at N.C. Gen.Stat. § 90-21.85. J.A. 143-44. The court subsequently allowed the plaintiffs to amend their complaint.”
Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014).
· cites it 19× “Indeed, the speech-and-display provision is in an entirely different section of the Act, N.C. Gen.Stat. § 90-21.85, from the section dealing with informed consent.”
— N.C. Gen. Stat. § 90-21.85(a) — 2 cases
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
“It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014).
“Indeed, the speech-and-display provision is in an entirely different section of the Act, N.C. Gen.Stat. § 90-21.85, from the section dealing with informed consent.”
— N.C. Gen. Stat. § 90-21.85(a)(2) — 3 cases
Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014).
“one provision of the Act, the Display of Real-Time View Requirement (“the Requirement”), codified at N.C. Gen.Stat. § 90-21.85. J.A. 143-44. The court subsequently allowed the plaintiffs to amend their complaint.”
Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014).
“Indeed, the speech-and-display provision is in an entirely different section of the Act, N.C. Gen.Stat. § 90-21.85, from the section dealing with informed consent.”
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
“It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
— N.C. Gen. Stat. § 90-21.85(a)(3) — 3 cases
Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014).
“one provision of the Act, the Display of Real-Time View Requirement (“the Requirement”), codified at N.C. Gen.Stat. § 90-21.85. J.A. 143-44. The court subsequently allowed the plaintiffs to amend their complaint.”
Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014).
“Indeed, the speech-and-display provision is in an entirely different section of the Act, N.C. Gen.Stat. § 90-21.85, from the section dealing with informed consent.”
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
“It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
— N.C. Gen. Stat. § 90-21.85(a)(4) — 1 case
Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014).
“Indeed, the speech-and-display provision is in an entirely different section of the Act, N.C. Gen.Stat. § 90-21.85, from the section dealing with informed consent.”
— N.C. Gen. Stat. § 90-21.85(a)(5) — 1 case
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
“It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
— N.C. Gen. Stat. § 90-21.85(a)(l) — 2 cases
Gretchen Stuart v. Paul Camnitz, 774 F.3d 238 (4th Cir. 2014).
“one provision of the Act, the Display of Real-Time View Requirement (“the Requirement”), codified at N.C. Gen.Stat. § 90-21.85. J.A. 143-44. The court subsequently allowed the plaintiffs to amend their complaint.”
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
“It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
— N.C. Gen. Stat. § 90-21.85(b) — 2 cases
Stuart v. Huff, 834 F. Supp. 2d 424 (M.D.N.C. 2011).
“It further requires the providers to give “a simultaneous explanation of what the display is depicting, which shall include the presence, location, and dimensions of the unborn child within the uterus,” N.C. Gen. Stat. § 90-21.85 (a)(2), and “a medical description of the images,…”
Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014).
“Indeed, the speech-and-display provision is in an entirely different section of the Act, N.C. Gen.Stat. § 90-21.85, from the section dealing with informed consent.”
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