H. B. 4537
(By
Delegate Susman)
[Introduced
February 19, 2004; referred to the
Committee
on Health and Human Resources then the 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 prohibiting the performance
of any abortion by any person who has admitted to or who has been adjudicated
to have committed medical malpractice; prescribing a criminal penalty for
violations of the section; and providing that nothing in the section can be
construed as approving the performance of an abortion.
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. Enforcement of abortion clinic regulations.
No
person who has admitted to committing medical malpractice or who has been
adjudicated as committing medical malpractice may perform any abortion or
procedure thereof in this state. Any person who violates
the provisions 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 or imprisoned in jail for no less than six months nor more than
one year, or both fined and imprisoned. 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 prohibit the performance of
any abortion by any person who has admitted to or who has been adjudicated to
have committed medical malpractice. The bill also prescribes a criminal penalty
for violations of the section and further provides that nothing in the section
can be construed as approving of abortion.
This
section is new; therefore, strike-throughs and underscoring have been omitted.