NC H510

Defines "born alive" as a child at any stage of development who, after expulsion or extraction from the mother, breathes or has a beating heart, umbilical cord pulsation, or voluntary muscle movement, regardless of how delivery occurred.

Requires health care practitioners present when a child is born alive following an abortion to exercise the same professional skill and care as for any other newborn at the same gestational age, and to immediately transport and admit the child to a hospital.

Mandates that health care practitioners and employees of hospitals, physician offices, or abortion clinics report any failure to comply with these requirements to state or federal law enforcement agencies.

Creates criminal penalties of Class D felony with fines up to $250,000 for violations; intentionally killing a born-alive child constitutes murder under existing law.

Allows the woman to bring civil suits for damages, including actual damages, statutory damages equal to three times the cost of the abortion, and punitive damages, with prevailing plaintiffs entitled to recover attorney's fees.

Exempts mothers from prosecution for violations of this act.

Becomes effective December 1, 2021.