H. B. 3028
(By Delegate Houston)
[Introduced March 15, 2005; referred to the
Committee on the Judiciary then Finance.]
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 this 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 not 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 this section and further provides that
nothing in this section can be construed as approving of abortion.
This section is new; therefore, strike-throughs and underscoring have been
omitted.