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CHAPTER 367 AN ACT TO AMEND ARTICLE II, CHAPTER 14 OF THE GENERAL STATUTES RELATING TO ABORTION AND KINDRED OFFENSES. The General Assembly of North Carolina do enact:
That a new section be added designated as G. S. 14-46 reading as follows: Notwithstanding any of the provisions of G. S. 14-44 and 14-45, it shall not be unlawful to advise, procure, or cause the miscarriage of a pregnant woman or an abortion when the same is performed by a doctor of medicine licensed to practice medicine in North Carolina, if he can reasonably establish that: there is substantial risk that continuance of the pregnancy would threaten the life or gravely impair the health of the said woman, or there is substantial risk that the child would be born with grave physical or mental defect, or the pregnancy resulted from rape or incest and the said alleged rape was reported to a law enforcement agency or court official within seven days after the alleged rape, and only after the said woman has given her written consent for said abortion to be performed, and if the said woman shall be a minor or incompetent as adjudicated by any court of competent jurisdiction then only after permission is given in writing by the parents, or if married, her husband, guardian or person or persons standing in loco parentis to said minor or incompetent, and only when the said woman shall have resided in the State of North Carolina for a period of at least four months immediately preceding the operation being performed except in the case of emergency where the life of the said woman is in danger, and only if the abortion is performed in a hospital licensed by the North Carolina Medical Care Commission, and only after three doctors of medicine not engaged jointly in private practice, one of whom shall be the person performing the abortion, shall have examined said woman and certified in writing the circumstances which they believe to justify the abortion, and only when such certificate shall have been submitted before the abortion to the hospital where it is to be performed; provided, however, that where an emergency exists, and the certificate so states, such certificate may be submitted within twenty-four hours after the abortion.