Senate Bill No. 48
(By Senators Weeks, Deem, Guills, Smith and Dempsey)
____________
[Introduced January 14, 2004; referred to the Committee on Health and
Human Resources; and then to the Judiciary.]
____________
A BILL to amend and reenact §16-2F-3 of the code of West Virginia, 1931, as
amended, relating to requiring a physician to receive written consent from at
least one parent or legal guardian before an abortion is performed on an
unemancipated minor.
Be it enacted by the Legislature of West Virginia:
That
§16-2F-3 of the code of West Virginia, 1931, as amended, be amended and
reenacted to read as follows:
ARTICLE 2F. PARENTAL CONSENT AND NOTIFICATION OF ABORTIONS PERFORMED ON
UNEMANCIPATED MINORS.
§16-2F-3. Parental consent and notification of at least one parent or
guardian for abortions performed on unemancipated minors; waiver; notice to
minor of right of petition to circuit court; minor to be referred for
counseling; penalty.
(a)
No physician may perform an abortion upon an unemancipated minor unless such
the physician has written consent from at least one of the
parents or legal guardians, and has given or caused to be given at least
twenty-four hours actual notice to one of the parents or to the legal guardian
of the pregnant minor of his or her intention to perform the abortion,
or, if the parent or guardian cannot be found and notified after a reasonable
effort so to do, without first having given at least forty- eight hours
constructive notice computed from the time of mailing to the parent or to the
legal guardian of the minor: Provided, That prior to giving the
notification required by this section, the physician shall advise the
unemancipated minor of the right of petition to the circuit court for waiver of consent
and notification: Provided, however, That any such consent and notification
may be waived by a duly acknowledged writing signed by a parent or the guardian
of the minor.
(b)
Upon notification being given to any parent or to the legal guardian of such
a pregnant minor, the physician shall refer such the
pregnant minor to a counselor or caseworker of any church or school or of the
department of human services or of any other comparable agency for the purpose
of arranging or accompanying such the pregnant
minor in consultation with her parents. Such The
counselor shall thereafter be authorized to monitor the circumstances and the
continued relationship of and between such minor and her parents.
(c)
Parental consent and notification required
by subsection (a) of this section may be waived by a physician, other than the
physician who is to perform the abortion, if such other physician finds that the
minor is mature enough to make the abortion decision independently or that consent
and notification would not be in the minor's best interest: Provided,
That such other physician shall not be associated professionally or financially
with the physician proposing to perform the abortion.
(d)
Any physician that fails to receive written consent
from at least one parent or legal guardian, or fails to provide notification to
at least one parent or legal guardian as required by this section, before
performing an abortion on an unemancipated minor, except in cases where these
requirements are properly waived pursuant to this section, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than five hundred dollars.
NOTE:
The purpose of this bill is to require a physician to receive written consent
from at least one parent or legal guardian before an abortion is performed on an
unemancipated minor; and provides for a penalty.
Strike-throughs
indicate language that would be stricken from the present law, and underscoring
indicates new language that would be added.