AN ACT revising abortion‑inducing drug laws.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 14‑44.1 reads as rewritten:

§ 14‑44.1.  Providing or advertising abortion‑inducing drugs to pregnant woman.

(a)        Offense. – All of the following are unlawful:

(1)        For any individual within the State, individual, including a physician, an employee or contractor of a physician's office or clinic, or other abortion provider, or organization within the State, organization, including a physician's office or clinic or other abortion provider, to mail, provide, or supply an abortion‑inducing drug directly to a pregnant woman in violation of G.S. 90‑21.83A(b)(2)a. Lack of knowledge or intent that the abortion‑inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subdivision.unless all of the following conditions are satisfied:

a.         At least 72 hours prior to mailing, providing, or supplying an abortion‑inducing drug, a qualified physician or qualified professional informs the pregnant woman, in person, of the information contained in the consent form identified in G.S. 90‑21.83A(b).

b.         With the exception of G.S. 90‑21.83A(b)(2)b., all other informed consent requirements identified in G.S. 90‑21.83A(b) are satisfied.

c.         The abortion‑inducing drugs being mailed, provided, or supplied are FDA approved.

(2)        For any manufacturer or supplier of an abortion‑inducing drug to ship or cause to be shipped any abortion‑inducing drug directly to a pregnant woman in violation of G.S. 90‑21.83A(b)(2)a. Lack of knowledge or intent that the abortion‑inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subdivision.unless all the following conditions are satisfied:

a.         At least 72 hours prior to mailing, providing, or supplying an abortion‑inducing drug, a qualified physician or qualified professional informs the pregnant woman, in person, of the information contained in the consent form identified in G.S. 90‑21.83A(b).

b.         With the exception of G.S. 90‑21.83A(b)(2)b., all other informed consent requirements identified in G.S. 90‑21.83A(b) are satisfied.

c.         The abortion‑inducing drugs being mailed, provided, or supplied are FDA approved.

(3)        For any individual or organization to purchase or otherwise procure an advertisement, host or maintain an internet website, or provide an internet service purposefully directed to a pregnant woman who is a resident of this State when the individual or organization knows that the purpose of the advertisement, website, or internet service is solely to promote the sale of an abortion inducing drug to be administered to a woman in violation of G.S. 90‑21.83A(b)(2)a.

(4)        Lack of knowledge or intent that the abortion‑inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subsection.

(b)        Punishment. – An individual or organization who violates this section commits an infraction as defined in G.S. 14 3.1 and is subject to a fine of five thousand dollars ($5,000) per violation.a Class H felony.

(b1)      Cause of Action. – Any of the following may bring a civil action for relief in a court of competent jurisdiction:

(1)        A woman who has suffered an injury from an alleged violation of this section.

(2)        A parent or guardian of a minor who has suffered an alleged violation of this section.

(3)        The Attorney General if the Attorney General has reason to believe that a person has violated or is violating this section and the violation affects one or more residents of this State.

(b2)      Statute of Limitations. – A person shall have three years from the date of the alleged violation or from the date of the initial discovery of an alleged violation. If the woman was a minor at the time of an alleged violation, then the woman shall have three years from the date that she attains the age of majority, or if brought by a parent or guardian, within three years of the date of the alleged violation or from the date of the initial discovery of an alleged violation.

(b3)      Civil Remedies. – In addition to any other civil or criminal penalty authorized by law, any person authorized to institute a civil action for relief under this section may seek and a court may award any or all of the following types of relief:

(1)        An injunction to enjoin continued violation of this section.

(2)        Compensatory and punitive damages.

(3)        All costs, expenses, and fees related to the civil suit investigation and proceedings associated with the violation, including attorneys' fees.

(4)        Any other remedies deemed appropriate by the court of competent jurisdiction.

(b4)      Additional Injunctive Relief. – A spouse, parent, or guardian of a woman who suffered an alleged violation of this section may bring an action of injunctive relief against a supplier or manufacturer of abortion‑inducing drugs in violation of subdivision (a)(2) of this section.

(b5)      Frivolous; Bad Faith. – If a court finds that a person's civil action for relief 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.

(b6)      Certificate of Authority. – Notwithstanding any other provision of law, a foreign nonprofit or business entity engaged in the shipping, delivering, or procuring of abortion‑inducing drugs to or in this State is deemed to be conducting affairs in this State and shall apply for and maintain a certificate of authority from the Secretary of State in accordance 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 law of this State governing the conduct of affairs by foreign entities in this State. A court of competent jurisdiction in this State may exercise personal jurisdiction over a foreign corporation maintaining a certificate of authority pursuant to this subsection.

(c)        Definitions. – The following definitions apply in this section:

(1)        Abortion‑inducing drug. – As defined in G.S. 90‑21.81(1a).

(2)        Organization. – As defined in G.S. 15A‑773(c).

SECTION 1.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

SECTION 2.  Except as otherwise provided, this act is effective when it becomes law.