Ensuring Patient Safety w/Mail Order Meds.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 553

Short Title: Ensuring Patient Safety w/Mail Order Meds. (Public)
Sponsors: Representatives N. Jackson, Campbell, Potts, and Balkcom (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 31, 2025
*H553-v-1*
A BILL TO BE ENTITLED 1
AN ACT REVISING ABORTION-INDUCING DRUG LAWS. 2
The General Assembly of North Carolina enacts: 3
SECTION 1.(a) G.S. 14-44.1 reads as rewritten: 4
"§ 14-44.1. Providing or advertising abortion-inducing drugs to pregnant woman. 5
(a) Offense. – All of the following are unlawful: 6
(1) For any individual within the State, individual, including a physician, an 7
employee or contractor of a physician's office or clinic, or other abortion 8
provider, or organization within the State, organization, including a 9
physician's office or clinic or other abortion provider, to mail, provide, or 10
supply an abortion-inducing drug directly to a pregnant woman in violation of 11
G.S. 90-21.83A(b)(2)a. Lack of knowledge or intent that the 12
abortion-inducing drug will be administered outside the physical presence of 13
a physician shall not be a defense to a violation of this subdivision. unless all 14
of the following conditions are satisfied: 15
a. At least 72 hours prior to mailing, providing, or supplying an 16
abortion-inducing drug, a qualified physician or qualified professional 17
informs the pregnant woman, in person, of the information contained 18
in the consent form identified in G.S. 90-21.83A(b). 19
b. With the exception of G.S. 90-21.83A(b)(2)b., all other informed 20
consent requirements identified in G.S. 90-21.83A(b) are satisfied. 21
c. The abortion-inducing drugs being mailed, provided, or supplied are 22
FDA approved. 23
(2) For any manufacturer or supplier of an abortion-inducing drug to ship or cause 24
to be shipped any abortion -inducing drug directly to a pregnant woman in 25
violation of G.S. 90-21.83A(b)(2)a. Lack of knowledge or intent that the 26
abortion-inducing drug will be administered outside the physical presence of 27
a physician shall not be a defense to a violation of this subdivision. unless all 28
the following conditions are satisfied: 29
a. At least 72 hours prior to mailing, providing, or supplying an 30
abortion-inducing drug, a qualified physician or qualified professional 31
informs the pregnant woman, in person, of the information contained 32
in the consent form identified in G.S. 90-21.83A(b). 33
b. With the exception of G.S. 90-21.83A(b)(2)b., all other informed 34
consent requirements identified in G.S. 90-21.83A(b) are satisfied. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 553-First Edition
c. The abortion-inducing drugs being mailed, provided, or supplied are 1
FDA approved. 2
(3) For any individual or organization to purchase or otherwise procure an 3
advertisement, host or maintain an internet website, or provide an internet 4
service purposefully directed to a p regnant woman who is a resident of this 5
State when the individual or organization knows that the purpose of the 6
advertisement, website, or internet service is solely to promote the sale of an 7
abortion inducing drug to be administered to a woman in violatio n of 8
G.S. 90-21.83A(b)(2)a. 9
(4) Lack of knowledge or intent that the abortion -inducing drug will be 10
administered outside the physical presence of a physician shall not be a 11
defense to a violation of this subsection. 12
(b) Punishment. – An individual or organization who violates this section commits an 13
infraction as defined in G.S. 14 3.1 and is subject to a fine of five thousand dollars ($5,000) per 14
violation.a Class H felony. 15
(b1) Cause of Action. – Any of the following may bring a civil action for relief in a court 16
of competent jurisdiction: 17
(1) A woman who has suffered an injury from an alleged violation of this section. 18
(2) A parent or guardian of a minor who has suffered an alleged violation of this 19
section. 20
(3) The Attorney General if the Attorney General has reason to believe that a 21
person has violated or is violating this section and the violation affects one or 22
more residents of this State. 23
(b2) Statute of Limitations. – A person shall have three years from the date of the alleged 24
violation or from the date of the initial discovery of an alleged violation . If the woman was a 25
minor at the time of an alleged violation, then the woman shall have three years from the date 26
that she attains the age of majority, or if bro ught by a parent or guardian, within three years of 27
the date of the alleged violation or from the date of the initial discovery of an alleged violation. 28
(b3) Civil Remedies. – In addition to any other civil or criminal penalty authorized by law, 29
any person authorized to institute a civil action for relief under this section may seek and a court 30
may award any or all of the following types of relief: 31
(1) An injunction to enjoin continued violation of this section. 32
(2) Compensatory and punitive damages. 33
(3) All costs, expenses, and fees related to the civil suit investigation and 34
proceedings associated with the violation, including attorneys' fees. 35
(4) Any other remedies deemed appropriate by the court of competent 36
jurisdiction. 37
(b4) Additional Injunctiv e Relief. – A spouse, parent, or guardian of a woman who 38
suffered an alleged violation of this section may bring an action of injunctive relief against a 39
supplier or manufacturer of abortion -inducing drug s in violation of sub division (a)(2) of this 40
section. 41
(b5) Frivolous; Bad Faith. – If a court finds that a person 's civil action for relief was 42
frivolous or brought in bad faith, then the court shall tax as part of the costs reasonable attorneys' 43
fees in favor of the defendant against the plaintiff. 44
(b6) Certificate of Authority. – Notwithstanding any other provision of law, a foreign 45
nonprofit or business entity engaged in the shipping, delivering, or procuring of 46
abortion-inducing drugs to or in this State is deemed to be con ducting affairs in this State and 47
shall apply for and maintain a certificate of authority from the Secretary of State in accordance 48
with G.S. 55-15-03, 55A-15-03, 55B-16, 57D-2-02, 57D-7-03, 59-91, and 59-902 and any other 49
law of this State governing the conduct of affairs by forei gn entities in this State . A court of 50
General Assembly Of North Carolina Session 2025
House Bill 553-First Edition Page 3
competent jurisdiction in this State may exercise personal jurisdiction over a foreign corporation 1
maintaining a certificate of authority pursuant to this subsection. 2
(c) Definitions. – The following definitions apply in this section: 3
(1) Abortion-inducing drug. – As defined in G.S. 90-21.81(1a). 4
(2) Organization. – As defined in G.S. 15A-773(c)." 5
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 6
offenses committed on or after that date. 7
SECTION 2. Except as otherwise provided, this act is effective when it becomes 8
law. 9