Senate Bill No. 520

(By Senators Sprouse, Weeks, Prezioso, Harrison and Smith)

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[Introduced February 13, 2003; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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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 ensuring that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal; and 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. Rights of medical workers in abortions.
A medical worker in any facility in which abortions are performed has an absolute right to refuse to be involved in any abortion related activity and may not be disciplined or discharged for exercising this right. Any person who violates 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 ensure that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal. The bill also prescribes a criminal fine for violations of the section.

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