H. B. 2901
(By
Delegates Carmichael, Frich and Hall)
[Introduced
February 7, 2003; referred to the
Committee
on Health and Human Resources then the Judiciary.]
A BILL to amend article forty-two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section nine, relating to requiring medical
practitioners who perform abortions to estimate the gestational age of the
fetus by using ultrasound analysis and measurement; prescribing criminal
penalties for violations of the section.
Be it enacted by the Legislature of West Virginia:
That
article forty-two, chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new
section, designated section nine, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Requirement to conduct ultrasound to determine gestational age
prior to abortion.
Prior
to performing any abortion, a medical practitioner shall conduct an ultrasound
study of the fetus in the womb in order to estimate gestational age. The medical
practitioner shall record the measurements obtained from the ultrasound study
, record same in the medical record and provide his or her
estimate of gestational age in the record as well. Any person who violates the
requirements of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five hundred dollars nor more than one
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
practitioners who perform abortions to estimate the gestational age of the fetus
by using ultrasound analysis and measurement. The bill also prescribes a
criminal fine for violations of the section.
This
section is new; therefore, strike-throughs and underscoring have been omitted.