SB 167/HB 188 – Remove Barriers/Gain Access to Abortion Act

Primary Senate Sponsors: Sen. Natasha Marcus (D-Mecklenburg); Sen. Natalie Murdock (D-Durham); Sen. Jay Chaudhuri (D-Wake)

Primary House Sponsors: Rep. Rep. Julie von Haefen (D-Wake); Rep. Deb Butler (D-New Hanover); Rep. Susan Fisher (D-Buncombe); Rep. Vernetta Alston (D-Durham)


This bill seeks to make the following changes:

  • Removes the requirement for DHHS to publish the results and findings for annual inspections of clinics where abortions are performed on the website DHHS is required to maintain under the Women’s Right to Know Act.
  • Revises definition given for “qualified physician” to include any person licensed to practice medicine, physician assistances, nurse practitioners, and certified nurse midwives.
  • Defines “medical emergency” as a condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including any psychological or emotional conditions, and excluding claims or diagnosis that the women will engage in conduct which would result in her death or in substantial or irreversible physical impairment of a major bodily function.
  • Extends limited immunity designated for a physician treating a minor without parental consent to a person qualified to practice medicine, physician assistants, nurse practitioners, and certified nurse midwives.
  • Repeals statutory language prohibiting the use of State funds for the performance of abortions, or to support any governmental health plan or government-offered insurance policy offering abortion, unless the life of the mother would be endangered in the unborn child is carried to term, or the pregnancy is the result of rape or incest.
  • Removes prohibition preventing counties and cities from providing abortion coverage to their officers and employees that is greater than that provided by the State Health Plan.


Filed – 3/1/2021