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HB 3058     (By Delegate Duke)
[Introduced February 13, 2007; referred to the Committee on Health and Human Resources then the Judiciary.]

Be it enacted by the Legislature of West Virginia:
That §33-42-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-3. Definitions.
For purposes of this article:
(1) "Advanced nurse practitioner" means a certified nurse-midwife, or an advanced nurse practitioner certified to practice in family practice, women's health (ob/gyn), or primary care adult, geriatric or pediatric practice, practicing within the lawful scope of that provider's practice.
(2) "Born" means once any body part of any child is outside the mother's womb, that child is considered born, and is protected under the laws as a citizen of West Virginia, with full rights and privileges of citizenship.
(2)(3) "Health benefits policy" means any individual or group plan, policy or contract for health care services issued, delivered, issued for delivery or renewed in this state by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation or similar entity, when the policy or plan covers hospital, medical or surgical expenses.
(3) (4) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(4) (5) "Physician performing a partial-birth abortion" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in West Virginia, or any other individual who is legally authorized by the State to perform abortions: Provided, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, is subject to the provisions of this article.
(5) (6) "Vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivering into the vagina a living fetus, or a substantial portion thereof, for the purpose of performing a procedure that the physician or person delivering the living fetus knows will kill the fetus, and kills the fetus.
(6) (7) "Women's health care provider" means an obstetrician/ gynecologist, advanced nurse practitioner certified to practice in women's health (ob/gyn), certified nurse-midwife or physician assistant-midwife practicing within the lawful scope of that provider's practice.

NOTE: The purpose of this bill is to provide that when any body part of an unborn child is outside the mother's womb, the child is born, and is considered a citizen of the state with same rights and privileges under the law as any other citizen.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.