Senate Bill No. 628
(By Senators Harrison and Boley)
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[Introduced
February 23, 2004; 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 and reenact §16-2B-2 of the code of West Virginia, 1931, as
amended, relating to prohibiting family planning centers in West Virginia that
receive state funding from discussing abortion or abortion referrals.
Be it enacted by the Legislature of West Virginia:
That
§16-2B-2 of the code of West Virginia, 1931, as amended, be amended and
reenacted to read as follows:
ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.
§16-2B-2. Local boards of health authorized to establish clinics;
supervision; purposes; abortion not approved; approval by state board of
programs.
A
local board of health, created and maintained pursuant to the provisions of
article two or article two-a of this chapter, is authorized to establish and
operate within its jurisdiction, one or more family planning and child spacing
clinics under the supervision of a licensed physician for the purpose of
disseminating information, conducting medical examinations and distributing
family planning and child spacing appliances, devices, drugs, approved methods
and medication without charge to indigent and medically indigent persons on
request and with the approval of said licensed physician. Such information,
appliances, devices, drugs, approved methods and medication shall be dispensed
only in accordance with the recipients' expressed wishes and beliefs and in
accordance with all state and federal laws for the dispensing of legend drugs: Provided,
That the procedure of abortion shall not be considered an approved method of
family planning and child spacing within the intent of this section and is
expressly excluded from the programs herein authorized. In addition, no
employee or representative of any family planning center in this state that
receives state funding may discuss the prospect of abortion with any person
seeking family planning services except as required by federal law. Nor may they
make a referral to any person seeking family planning services for an abortion: Provided,
however, That nothing in this section may be construed or interpreted to
endorse, allow, permit or approve of any abortion. All local boards of
health receiving state or federal funds for family planning or child spacing
programs shall first receive approval by the state board of health of their
general plan of operation of such programs.
NOTE:
The purpose of this bill is to prohibit family planning centers in West Virginia
that receive state funding from discussing abortion or abortion referrals.
Strike-throughs
indicate language that would be stricken from the present law, and underscoring
indicates new language that would be added.