H. B. 2921


(By Delegates Tansill and Stevens)

[Introduced March 7, 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 article, designated §16-2J-1, relating to granting authority to the Bureau for Public Health the authority to inspect facilities that provide abortions at any time of day or night without a warrant and the authority to make photocopies of all documents and records in the facility; and providing a penalty for noncompliance.

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 article, designated §16-2J-1, to read as follows:

ARTICLE 2J. INSPECTION OF ADOPTION CLINICS.

§16-2J-1. Inspection of abortion clinics.

Any facility that performs abortion in this state shall grant immediate access to inspectors from the Bureau for Public Health,
who shall have access to all properties and areas, objects, records and reports of said facility. Inspectors shall have authority to make photocopies of those documents required in the course of inspections or investigations. This access shall not be limited to any hours of the day, or days of the week. No court order is required for any inspection by the Bureau for Public Health.
Violation of the terms of this section shall result in an immediate closing of the facility in question for a period of at least three years, and a fine of not less than five thousand dollars.

Nothing in this section shall be construed or interpreted to condone, permit, allow or endorse any abortion.




NOTE: The purpose of this bill is to grant the Bureau for Public Health the authority to inspect facilities where abortions are performed at any time during the day or night, without a warrant and providing a penalty for noncompliance.

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