H

[LG-28 -- no person guilty of malpractice]

H. B. 4450

(By Delegate Houston)
[Introduced February 7, 2006; referred to the Committee on Health and Human Resources then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion by any person who has admitted to or who has been adjudicated to have committed medical malpractice; prescribing a criminal penalty for violations of this section; and providing that nothing in the section can be construed as approving the performance of an abortion.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-42-9, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Enforcement of abortion clinic regulations.
No person who has admitted to committing medical malpractice or who has been adjudicated as committing medical malpractice may perform any abortion or procedure thereof in this state. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned in jail for not less than six months nor more than one year, or both fined and imprisoned. Nothing contained in this section may be construed or interpreted to endorse, allow, permit, or approve of any abortion.

NOTE: The purpose of this bill is to prohibit the performance of any abortion by any person who has admitted to or who has been adjudicated to have committed medical malpractice. The bill also prescribes a criminal penalty for violations of this section and further provides that nothing in this section can be construed as approving of abortion.

This section is new; therefore, strike-throughs and underscoring have been omitted.