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Life Gauge bill idea # 16.  Breast cancer warning.

Language change:

"Before any abortion is performed in the state of West Virginia, the patient shall be notified that her risk of breast cancer increases if she undergoes the abortion procedure. At least twenty-four hours before undergoing the abortion, the patient shall sign a release stating 

"I am aware that this abortion will increase the likelihood of breast cancer."

The facility where the abortion is performed must keep a permanent record of the signed notification.

The provisions of this section shall be waived in cases in which the patient's life is in imminent danger, or in which the patient is unconscious.

In cases of minors acquiring abortions, the minor must sign the notification, and one parent must sign the notification.  Cases of judicial bypass do not nullify the requirements of this section.

Any facility or person violating the requirements 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.

Nothing in this section shall be construed or interpreted to endorse, allow, permit or approve of any abortion.

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H. B. 2378


By Delegates Ellem, Boggs, Overington and Pino
Introduced February 16, 2005; referred to Health then 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 requiring medical facilities that provide abortions to warn women seeking an abortion of their increased risk of breast cancer.
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. Requiring certain medical facilities which provide abortions to warn women seeking an abortion of increased risk of breast cancer prior to any abortion procedures.
When a facility provides abortions, it ensures that women seeking an abortion are warned of their increased risk of breast cancer, prior to any abortion procedures. Any facility or person violating the requirements 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. 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 require medical facilities that provide abortions to warn women seeking an abortion of their increased risk of breast cancer. A criminal penalty is provided for violations.

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

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