H. B. 2378
(By Delegates Ellem, Boggs, Overington and Pino)
[Introduced February 16, 2005; 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 requiring medical facilities
that provide abortions to warn women seeking an abortion of their increased
risk of breast cancer.
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. Requiring certain medical facilities which provide abortions to
warn women seeking an abortion of increased risk of breast cancer prior to any
abortion procedures.
When a facility provides abortions, it ensures that women seeking an abortion
are warned of their increased risk of breast cancer, prior to any abortion
procedures. Any facility or person violating 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 require medical facilities that provide
abortions to warn women seeking an abortion of their increased risk of breast
cancer. A criminal penalty is provided for violations.
This section is new; therefore, strike-throughs and underscoring have been
omitted.