HB 2911

H. B. 2911

(Delegates Manchin, Overington,

Hall and Frich)

[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 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 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 that certain medical facilities which provide abortions to warn women seeking an abortion of increased risk of breast cancer.

When a facility provides abortions, it ensures that women seeking an abortion are warned of their increased risk of breast cancer. 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 and, if an individual, either imprisoned in the county or regional jail no less than six months nor more than one year, or both fined and imprisoned. A licensed health care worker or a facility violating the provisions of this section a second time shall, in addition to the fine and imprisonment provisions of this section have, his, her or its license revoked. 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 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.