H. B. 2996
(By
Delegates Howard, Border and Hall)
[Introduced
February 13, 2003; referred to the
Committee
on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact section three, article forty-two, chapter
thirty-three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to providing 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.
Be it enacted by the Legislature of West Virginia:
That
section three, article forty-two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, 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.
(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 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.